Terms of Service

These terms and conditions ("Agreement") shall govern each Accretive Networks Service Order Form ("Order Form") executed by Customer and are hereby incorporated into each Order Form.

1. SERVICES

Accretive Technology Group, Inc., dba Accretive Networks ("Accretive"), hereby agrees to provide to the customer indicated on the Order Form ("Customer") the services described on each Order Form ("Services"). Customer agrees to abide by the terms and conditions of this Agreement and to pay the fees, taxes and surcharges set forth in or applicable to each Order Form (collectively referred to as the "Service Fee").

2. EQUIPMENT AND FACILITIES:

Accretive Technology Group, Inc., dba Accretive Networks ("Accretive"), hereby agrees to provide to the customer indicated on the Order Form ("Customer") the services described on each Order Form ("Services"). Customer agrees to abide by the terms and conditions of this Agreement and to pay the fees, taxes and surcharges set forth in or applicable to each Order Form (collectively referred to as the "Service Fee").

a. Customer acknowledges and agrees that use of the Services may require certain equipment to be provided or purchased by Customer as specified in each Order Form (“Customer Equipment”). In addition, Accretive may install certain equipment in order to provide Services to Customer (Accretive Equipment”).

b. Customer acknowledges that in order to provide the Services, Accretive may need to install certain facilities, including but not limited to cable, wiring, conduit, racks, telecommunications equipment, electronic equipment, and any associated hardware (“Accretive Facilities”) at each premises identified on each Order Form (the “Premises”) and will need access from time to time to the Premises for installation, repair and/or maintenance purposes. Customer will cooperate with, or assist Accretive, in obtaining the right to install the Accretive Facilities in the Premises not controlled by Customer, and hereby grants Accretive unfettered access to the Premises controlled by Customer as reasonably requested by Accretive from time to time. If the property on which the Premises is located is owned by a third party to this Agreement, this Agreement shall be expressly contingent upon Accretive’s ability to secure a right of entry onto said property. In the event Customer owns the property on which the Premises are located, Customer shall execute and attach hereto the “Right of Entry” rider.

c. Customer shall refrain from causing any damage to the Accretive Facilities. Customer will promptly notify Accretive of: (i) any damage to Accretive Facilities located at the Premises, and (ii) of any circumstance that poses a threat to the Accretive Facilities installed at the Premises. Customer will not relocate, repair, or otherwise disturb the Accretive Facilities without Accretive’s prior written consent.

3. INSTALLATION.

Accretive will use its best efforts to complete the installation of the Accretive Facilities by the Estimated Installation Date set forth on each Order Form. Upon completion of installation and testing to ensure compliance with Accretive’s specifications, Accretive will notify Customer that installation is complete and will commence provision of the Services. The date the Services commence shall hereinafter be referred to as the “Service Commencement Date.”

4. TERM.

The initial term (“Initial Term”) of this Agreement shall be in effect commencing on the Effective Date indicated on the Order Form and shall continue until the end of the Service Term as defined on the Order Form. After expiration of the Initial Term, this Agreement shall automatically renew on a 12 month basis (“Renewal Term”) unless written notice is given by either party no sooner than ninety (90) days and at least thirty (30) days prior to the expiration of the Initial Term.

5. PAYMENT.

a. Customer agrees to pay the Service Fee set forth in each Order Form. The Service Fee will accrue beginning on the Service Commencement Date and will be billed monthly in advance and is due no more than twenty (20) days after receipt of invoice. The Installation Fee (and any related taxes and surcharges) will be billed on the first invoice as a nonrecurring fee. Payments shall be made by check payable to Accretive or by electronic transfer as mutually agreed.

b. Interest will accrue on past-due balances at the lower of: (i) one and a half percent (1.5%) per month, or (ii) the highest rate permitted by applicable law. If Services are disconnected as a result of nonpayment of fees and subsequently reconnected, Customer will be required to pay a reconnection fee in addition to applicable interest.

c. Taxes and surcharges imposed by third parties may change from time to time. Accretive shall notify Customer in writing of any such changes.

6. TAXES.

Taxes and surcharges imposed by third parties may change from time to time. Accretive shall notify Customer in writing of any such changes.

7. WARRANTY AND LIMITATIONS.

a. Accretive warrants that the Services will meet the Specifications set forth on the Order Form, including the Exhibits. In the event of any failure of the Services to meet the Specifications, Accretive will provide support and maintenance to Customer in accordance with the SLA. Each SLA will be effective on the first day of the month following installation.

b. EXCEPT AS SET FORTH IN SECTION 9.c., THE CREDIT CALCULATIONS SET FORTH IN THE SLA SHALL BE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY FAILURE OF THE SERVICES TO MEET THE SPECIFICATIONS. THE TOTAL AMOUNT OF CREDIT THAT WILL BE EXTENDED TO CUSTOMER AS A RESULT OF ACCRETIVE’ FAILURE TO MEET THE SPECIFICATIONS SET FORTH IN THE SLA SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF ONE MONTH’S RECURRING CHARGES IN ANY SINGLE MONTHLY BILLING PERIOD, AND SHALL BE LIMITED TO A TOTAL OF THREE (3) MONTHS RECURRING CHARGES IN ANY CONTINUOUS TWELVE (12) MONTH PERIOD.

c. EXCEPT AS SET FORTH IN SECTION 7.a., ACCRETIVE MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO THE SERVICES, EXPRESSED OR IMPLIED. ACCRETIVE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

d. In the event Customer is delinquent on any invoices, any credits due to Customer for Accretive’s failure to meet the specifications set forth in any SLA shall be deducted from said delinquent amount due to Accretive. In no way does the application of these credits waive Customer’s obligation to pay any remaining balances, or any future amounts pursuant to the terms of this Agreement.

8. LIMITATION OF LIABILITY.

a. Accretive shall have no liability whatsoever for any damage, loss, or destruction (foreseeable or otherwise) to the Customer Equipment unless such damage, loss or destruction is due to gross negligence or willful misconduct by Accretive.

b. IN NO EVENT SHALL EITHER PARTY OR ANY OF ACCRETIVE’S SUPPLIERS (INCLUDING CUSTOMER’S LANDLORD) BE LIABLE FOR ANY LOST DATA, LOSS OF REVENUE, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR TORT) ARISING OUT OF THIS AGREEMENT, OR THE SERVICES AND PRODUCTS PROVIDED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS PAYABLE HEREUNDER BY CUSTOMER ARE BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. TERMINATION.

a. If either party defaults in the performance of any material provision of this Agreement, then the non-defaulting party may give written notice to the defaulting party that if the default is not cured within thirty (30) days the Agreement will be terminated. If the non-defaulting party gives such notice and the default is not cured during the thirty (30) day period, then the Agreement shall automatically terminate at the end of that period. In the event Accretive terminates this Agreement as a result of any uncured default by Customer, Customer shall pay as liquidated damages the sum of all remaining monthly Service Fees (as well as any past due balances) due under the balance of the Agreement.

b. This Agreement shall terminate, without notice, (i) upon the institution by or against either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of such party’s debts, (ii) upon either party’s making an assignment for the benefit of creditors, or (iii) upon either party’s dissolution or ceasing to do business, unless due to an assignment as set forth in Section 15.

c. In the even Customer has qualified for credits in excess of a total of three (3) months recurring charges in any continuous twelve (12) month period, Customer may terminate this Agreement with no additional obligations.

d. If a customer has elected a minimum term for the services then cancels their services or any portion thereof after activation and prior to the expiration of such minimum term, customer shall be obligated to pay Accretive Networks a termination charge equal to 100% of the total monthly recurring charges (other than variable use charges) multiplied by the remaining months of the term.

10. RESTRICTIONS ON USE.

Customer agrees that Customer shall not sell the Services to others or charge others any fees for using the Services without the express written permission and authorization of Accretive, and that Customer (and its employees, agents or others with access through Customer to the Services) will abide by Accretive’s Acceptable Use Policy (“AUP”) which is available at www.accretivetg.com/networks customer understands that this policy may be revised from time to time, without notice, in order to keep pace with changing technology and terminology. Customer’s violation of Accretive’s AUP shall constitute a “material provision” as stated in Section 9 of this Agreement.

11. INDEMNIFICATION.

Accretive and Customer agree to indemnify and hold harmless the other, their respective officers, agents, employees, contractors, subcontractors, suppliers, invitees and representatives from and against any and all third party claims of loss, damages, liability, costs and expenses (including reasonable attorney’s fees and expenses) arising, directly or indirectly, in whole or in part, out of their performance or failure to perform under this Agreement. In addition, Customer specifically indemnifies Accretive from any and all third party claims of damage’s liability, costs and expenses (including reasonable attorney’s fees and expenses) arising from any violation of Accretive’s Acceptable Use Policy, regardless of whether done with intent or knowledge.

12. FORCE MAJEURE.

Customer acknowledges that Accretive’s ability to provide the Services may be impeded by events or actions outside of Accretive’s reasonable control, including, without limitation, acts of God, floods, fires, hurricanes, earthquakes, acts of war, labor actions, failure of third party suppliers, changes in applicable laws and regulations, or any similar action or event (“Force Majeure”). Accretive shall not be responsible to Customer for any failure to provide the Services due to a Force Majeure. Customer shall not be liable for payment of the Service Fee during any Force Majeure period during which Accretive is unable to provide Services.

13. NOTICE.

All notices provided for by this Agreement shall be made in writing by delivering personally or by mailing of such notice to the parties hereto, postage prepaid, and addressed to the addresses set forth on the Order Form for each party. Notice shall be deemed given upon delivery, if delivered personally; four (4) business days after being deposited in the U.S. Mail as first-class or priority mail; or one (1) business day after depositing with a nationally recognized overnight delivery service or U.S. Express Mail, or if sent by facsimile or e-mail.

14. SEVERABILITY.

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to each jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereto or affecting the validity or enforceability of such provision in any other jurisdiction.

15. ASSIGNMENT.

This Agreement shall be binding upon and is intended to inure for the benefit of the parties and their respective successors and assigns. Customer shall not have the right to assign or otherwise transfer its rights hereunder or any interest therein without the prior written consent of Accretive. Notwithstanding the foregoing, Customer may assign this Agreement, without Accretive’s consent, to a subsidiary, affiliate, parent, or purchaser of all or substantially all of the assets of Customer; provided that Customer shall not be released from the obligations of this Agreement.

16. ARBITRATION.

All claims arising out of this Agreement shall be resolved by arbitration in accordance with the then current rules of the American Arbitration Association. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. Under no circumstances will the arbitrator be authorized to award punitive damages. The arbitration will be held in Seattle, Washington, unless mutually agreed to by the parties.

17. GOVERNING LAW.

This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Washington, without giving effect to principles of conflicts of law.

18. PRESS RELEASE.

Customer agrees that Accretive may list Customer as a user of Accretive’s Services on Accretive website and that it will, as mutually agreeable, participate in seminars, joint speaking engagements, issuing press releases, and similar activities.

19. ENTIRE AGREEMENT.

The Order Form, the Exhibit(s), this Agreement, and any addenda or amendments signed by both parties, shall constitute the entire understanding of the parties related to the subject matter hereof. In the event of any conflict between either: (a) the Order Form and this Agreement; and/or (b) any Customer purchase order, the Order Form and this Agreement, the terms and conditions of this Agreement shall control.

20. NO WAIVER.

The failure of either party at any time to enforce any right or remedy available to it under the Order Form with respect to any breach or failure by either party shall not be construed to be a waiver as such right or remedy with respect to any other breach or failure by either party.

Accretive Privacy

We understand the importance of privacy, and nothing is more important the the privacy of our visitors.

Privacy Policy

At Accretive Technology Group, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit our network, and how we safeguard your information. We never sell your personal information to third parties.

Cookies

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. For more information please see Google Analyics Privacy Overview.

Log Files

This site employs log files. These log files record data from visitors to this site. The data gathered is non personal and may include things such as your: internet protocol (IP) address, browser type, internet service provider (ISP) name, entry and exit pages, platform type, date/time stamp, and number of clicks. This data is used to analyze trends, administer the site, track user's movement on the site and gather broad demographic information for aggregate use.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for other uses.

Your Consent

By using our site, you consent to our websites privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on 3/10/2011

Network Service Level Agreement

Network Service Level Agreement for services provided by Accretive Technology Group.

Network Service Level Agreement

This Service Level Agreement (“SLA”) defines the performance criteria to which Accretive Networks, Inc. (“Accretive”) will be held accountable. This SLA provides for standard reporting methods as well as automatic compensation in the event that performance levels are not met. The SLA will become effective on the first day of the month following installation with the exception of the On-Time Installation measure, which will be reflected in the first SLA report.

Accretive may from to time to time propose revised conditions of service and will notify Customer in accordance with Section 13 of the Accretive Network Terms and Conditions for Delivery of Service as to said changes. Customer shall be given ten (10) business days to review and respond to the proposed revisions before any changes become effective.

If you have any questions regarding the SLA or any other issue, please call our Customer Support Center at (206) 443-6401.

1.0 SLA Definition For: Network Availability

Service Level Agreement
Accretive’s objective is to maintain an end to end Network Availability of 100%.

Calculation
The amount of time per month of Network Downtime is used to calculate the compensation for Network Availability. Network Downtime is defined as the time when a Customer circuit is unable to transmit data, and includes unavailability associated with any maintenance activity other than that associated with Normal Maintenance (as hereinafter defined in Section 5.0).

Components Included
The availability of the following components shall be included in the determination of Network Availability:
> All components of Accretive’s managed IP network.

Exceptions
The following shall be excluded from any Network Downtime time when calculating Network Availability:
> Network Downtime attributable to any actions or omissions of Customer, its agents or Customer’s equipment;
> Accretive’s Network downtime during Normal Maintenance;
> Failure of any components that cannot be corrected due to the inaccessibility of Accretives’ equipment or Accretives’ personnel at the Customer location or causes beyond the reasonable control of Accretive’s; or
> Failure or malfunction of equipment or applications not owned, managed or controlled by Accretive.

Reporting Methods
Network Availability reports will be available via a password-protected customer web site. This report will be provided once a month and will be contained in the Monthly SLA Report.

Compensation
In the event that Accretive fails to meet the Network Availability service level, Accretive will credit Customer’s bill in the amount equal to one day of service for every one hour of Network Downtime per month, up to, but not exceeding, 100% of one month’s recurring charges for any given month.

2.0 SLA Definition For: Latency

Service Level Agreement
Accretive is committed to maintain an average monthly latency of <10ms (“Average Latency”) from the Customer demarcation to the ingress (hand-off) to the Internet.

Service Level Agreement
Accretive is committed to maintain an average monthly latency of < 75ms ("On-Net Average Latency") between any on-net location on the Accretive IP Backbone, and an average monthly latency of < 5ms ("Egress Average Latency") between any Accretive Network Border Router ("ANBR") and a directly connected egress (hand-off) circuit.

Calculation
Latency is defined as the total amount of time it takes for a packet to traverse from the Customer point of demarcation to the closest egress (hand-off) location on the network. Measurements are processed in two ways: Measurements are taken between all Accretive Customer Aggregation Gateways ("ACAG") and ANBRs , and are also taken between all ANBRs and directly connected egress (hand-off) circuits. Measurements will be taken every 5 minutes. The highest 5% of all measurements will be excluded, and an Average Latency calculated for each day, as well as an Average Latency for the calendar month based on the remaining 95% of measurements for both On-Net Average Latency and Egress Average Latency.

Components Included
> All components of Accretive’s managed IP network.

Exceptions
The following shall be excluded from the determination of latency under this SLA.
> Network Downtime attributable to any actions or omission of Customer, its agents or Customer’s equipment;
> Accretive’s Network Downtime during Normal Maintenance;
> The failure of any components that cannot be corrected due to the inaccessibility of Customer Premises to Accretives’ personnel at the Customer location or causes beyond the reasonable control of Accretive; or
> Failure or malfunction of equipment or applications not owned or managed or controlled by Accretive.

Reporting Methods
Average latency performance reports will be available via a password-protected customer web site. This report will be provided once a month and will be contained in the Monthly SLA Report.

Compensation
In the event that Accretive fails to meet the average Monthly Latency performance level, Accretive will credit Customer’s account in the amount equal to 10% of one month’s recurring charges.

3.0 SLA Definition For: Service Quality Notification

Service Level Agreement
Accretive is committed to maintain a Service Quality Notification goal of 30 minutes to inform Customer that a Service interruption has occurred.

Calculation
If Accretive determines that Customer’s Services are unavailable, Accretive will contact the Customer escalation contact of record via an agreed upon method (e.g., pager, email) within 30 minutes after the Service interruption has occurred.

Components Included
> All components of Accretives’ IP network.

Exceptions
The following shall be excluded from this Service Quality Notification SLA.
> Network Downtime attributable to any actions or omissions of Customer, its agents or Customer’s equipment.
> Accretive’s Network Downtime during Normal Maintenance; or
> Failure or malfunction of equipment or applications not owned, managed or controlled by Accretive.

Reporting Methods
Service Quality Notification reports will be available via a password-protected customer web site. This report will be provided once a month and will be contained in the Monthly SLA Report.

Compensation
In the event that Accretive fails to meet the Service Quality Notification service level, Accretive will credit the Customer’s bill n the amount equal to one day of service (maximum of one Service Quality Notification credit per day) for a total credit not to exceed 100% of one month’s recurring charges.

4.0 SLA Definition For: On-Time Installation

Service Level Agreement
Accretive is committed to install all electrical, network connections, and network elements (as applicable) no later than the committed installation date provided to Customer.

Components Included
> All components of Accretive’s network.

Exceptions
The following events shall void this On-time Installation SLA:
> Delay caused by Customer’s purchase of network connections through individuals or entities or other than Accretive;
> Failure of Customer to properly install the network and power interface in a functioning manner as of the morning of the installation date;
> Failure of any components, which cannot be corrected due to the inaccessibility of Customer Premises to Accretive’s personnel at the Customer location or causes beyond reasonable control of Accretive; or
> Mutually agreed upon change of committed installation date.

Reporting Methods
On-Time Installation will be reported by analyzing actually installation dates versus the committed installation date and will be available via a password-protected customer web site. This report will be provided once a month and will be contained in the Monthly SLA Report.

Compensation
In the event that Accretive fails to meet the committed installation date, Accretive will credit the Customer’s account in the amount equal to 100% of the contract Installation Report.

5.0 SLA Definition For: Maintenance Window

Service Level Agreement

Normal maintenance:
Normal Maintenance includes hardware, software, or capacity upgrades. Normal Maintenance shall be undertaken on Tuesday, Wednesday and Friday mornings between the hours of 12:00am to 4:00am local time where Customer is located. Some degradation of service may be experienced during this time frame. Downtime related to Normal Maintenance shall not be deemed to be Network Downtime. Accretive will provide at least 48 hours notice prior to Normal Maintenance activities. If this time frame conflicts with customer activity on a particular date, Accretive will make every effort to reschedule the Normal Maintenance activities to a mutually agreed upon date and time.

Urgent Maintenance:
Urgent Maintenance refers to corrective action procedures required to correct network conditions that are likely to cause sever service degradation. Some degradation of service may be experienced during this time frame. Downtime related to Urgent Maintenance shall be deemed Network Downtime. Accretive will make every effort to notify customers of Urgent Maintenance activities as soon as possible – and as covered under the Service Quality Notification service level parameters.

6.0 SLA Credit Limit

The total amount of credit that will be extended to Customer in any single monthly billing period for failure to meet any of the guaranteed levels of service in this SLA will not exceed 100% of one (1) month’s recurring charges for the Accretive NET service.

Acceptable Use Policy

Our policies concerning services provided by Accretive Technology Group.

Introduction

This document explains the Acceptable Use Policy for use of services provided by Accretive Technology Group, Inc. and its subsidiaries (hereinafter collectively known as "AccretiveTG") by the client/user (hereinafter known as "Customer"). This document is maintained and published on-line on the AccretiveTG home page at www.accretivetg.com/acceptable-use.php.

All Customers of AccretiveTG are required to be familiar with this policy. Use of AccretiveTG products/services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.

This Acceptable Use Policy will be known hereinafter as "AUP".

Account and Policy Term

The effective date of the AUP is the date of acceptance by the Customer of products/services from AccretiveTG, and they shall remain in effect until Customer terminates his/her contractual relationship with AccretiveTG or AccretiveTG terminates its contractual relationship with Customer.

AccretiveTG reserves the right to change the AUP at any time without notice. If Customer does not agree to such changes, AccretiveTG reserves the exclusive right to terminate its contractual relationship with Customer, effective upon written notice to Customer.

Termination for Cause

AccretiveTG may terminate its contractual relationship with Customer at any time for any violation of the AUP or for any material breach of contractual terms and conditions. Such termination generally will entail the deletion of all files, and all services, including mail forwarding, are terminated. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will not be the responsibility of AccretiveTG whatsoever.

Provision of Services

AccretiveTG will provide products/services on its network to Customers per contractual terms and conditions and compliance with the AUP. AccretiveTG products/services are defined as the use by Customer of computing, telecommunications, software, and information services provided by AccretiveTG. These products/services also include the provision of access to computing, telecommunications, software, and information services provided by third parties via the worldwide computer network known as the Internet.

Consultation Charges

AccretiveTG will provide reasonable system administration and other related services upon reasonable request from Customer. Provided, Customer will be charged normal consultation rates for non-standard or extraordinary problems, at the sole discretion of AccretiveTG.

Facilities Access

Access to the collocation facility is provided for the express purpose of installing and maintaining Customer-owned collocated equipment. Due to security concerns, Customers shall be fully escorted by AccretiveTG personnel during their access to the collocation facility. Customers are not allowed to bring visitors or groups larger than two into the collocation facility without prior written authorization from AccretiveTG. AccretiveTG shall deny access to any Customer bringing unauthorized personnel into the collocation facility.

Customers shall schedule ahead for access to the collocation facility. Non-service affecting installations or maintenance shall be scheduled during AccretiveTG's normal business hours. Access for service affecting issues shall be provided at all times. Customers needing after hours access should call the AccretiveTG NOC pager before coming down to the facility.

Customers who abuse these access policies shall be subject to premium rates for escort times as well as other penalties. Customers who repeatedly abuse these access polices in AccretiveTG's sole determination may be subject to immediate termination of service and forfeiture of all pre-paid fees and deposits

Security of Accounts

AccretiveTG accounts for products/services ("accounts") are for individual Customers only. Customer agrees not to share the password of the account or any other confidential information with any third parties without the express written permission of AccretiveTG. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any AccretiveTG products/services to obtain the passwords of other customers on AccretiveTG©&Mac246;s network. Customer agrees not to use AccretiveTG products/services to make unauthorized/illegal attempts to access any non-Customer systems or networks.

Use of Internet Services

Customer agrees not to use AccretiveTG products/services in violation of intellectual property rights of other customers, third parties or AccretiveTG, or other applicable laws. Customer agrees to use the products/services provided by AccretiveTG as permitted only by applicable local, state, and federal laws.

Unauthorized Use of Accounts or Computers

Customer agrees that any unauthorized use or attempted use of another customer or third party account or computer without the owner's express written authorization is prohibited.

E-mail Privacy

Customer acknowledges and understands that E-mail passes through multiple mail servers from source to destination on the Internet, and that AccretiveTG cannot guarantee 100% privacy of Customer E-mail.

However, AccretiveTG places a high value on privacy, and will normally only examine Customers' E-mail to trouble-shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court order.

AccretiveTG will not divulge Customer account information, except at the direction of a lawfully served warrant or court order.

Commercial Advertisements

AccretiveTG recognizes that Commercial advertising is an appropriate form of communication on the Internet. Accretive has enacted the following policies to clearly delineate appropriate commercial advertising from inappropriate "SPAM". Customer agrees that any inappropriate postings, at the sole discretion of AccretiveTG, may result in immediate account suspension or cancellation.

(1). USENET/LISTSERV :
Commercial advertisements are inappropriate in most Usenet discussion groups and on most E-mail mailing lists.

(2). CAN SPAM ACT of 2003:
The CAN-SPAM Act of 2003 (Public Law No. 108-187) was signed into United States Law by President George W. Bush late in 2003, to be effective beginning January 1, 2004. (You can read the new law in its entirety at http://www.spamlaws.com/federal/108s877enrolled.pdf).

If you use email in connection with the operation of your web site or service, you agree as follows:

  • All such electronic messages initiated or sent by you or on your behalf must:
    Identify you as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that someone other than you is the sender or sponsor of, or has procured you to send, such electronic messages. To be clear, you may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to you being the sender;
    Feature the service or product offering(s) that you are offering the recipient as its primary contents and purpose;
    Contain a valid physical postal address for you (and not any other person or entity);
    Be clearly and conspicuously identified as an advertisement or solicitation, unless you have received affirmative consent to send electronic messages to that recipient.
  • You must be able to supply to us, at our request, evidentiary proof that all recipients of your electronic message have given consent to receive your electronic message. Examples of proof that we look at are first and last name of each recipient, email address of each recipient, date that the recipient agreed to receive your electronic message, Internet Protocol (IP) address from which recipient was attached to the internet at the time that they agreed to receive your electronic message, and any other proof that you may want to offer in an effort to substantiate that all recipients of the electronic message agreed to receive such messages from you or on your behalf (collectively, the "opt-in process").
  • You will implement and employ in connection with each electronic message sent by you or on your behalf an effective mechanism and procedure for any recipient of such electronic message to be able to request during the following thirty (30) days at a minimum not to receive further electronic messages from you or those sending electronic messages on your behalf and except as otherwise expressly permitted by applicable law, such request shall be heeded within ten (10) business days of receipt of such request (collectively, an "opt-out procedure").

    You will insure that such opt-out procedure is fully compliant with any and all applicable laws, rules and regulations, including the requirements of the CAN-SPAM Act of 2003 .
    Pursuant to or in addition to the requirements of the CAN-SPAM Act of 2003, such opt-out procedure, you must also provide us, at our request, the email, SMS, IM or other address of any recipients that exercised such opt-out procedure. You may not sell any lists of recipients that have exercised such an opt-out procedure.
  • You may not send messages that contain sexually-oriented material without placing warning labels and otherwise complying with applicable laws including the CAN-SPAM Act of 2003 in all respects.
  • No messages may be sent by or through any computer without authorization, including by relay or retransmission, or contain false header information regarding the transmitting computers and transmission path including the originating electronic mail address, domain name or Internet Protocol address.
  • You agree to comply with the CAN-SPAM Act of 2003 and any rules and regulations that are promulgated by any governmental authority in respect thereof and any and all orders, judgments and decrees of any court, agency or other authority relating thereto and any other applicable foreign, federal, provincial, state, or local law applicable to the use or transmission of electronic message. While some of the requirements of the CAN-SPAM Act of 2003 are set forth herein, compliance with these terms shall not be construed as or deemed to be sufficient to comply with any such or other applicable law.
  • You shall provide AccretiveTG with any information requested by us at any time, that may be construed as evidence that you have complied with all aspects of the CAN-SPAM Act of 2003. Further, you authorize us to provide any information, including confidential information, and otherwise make any disclosures that we determine to be necessary or appropriate about you or your participation or activities on or in relation to your use of any AccretiveTG provided resources to any local, state, provincial, federal or foreign governmental authority or Internet Service Provider bringing or contemplating the bringing of any action or conducting any investigation in relation to the enforcement of any applicable laws, including the CAN-SPAM Act of 2003.
  • AccretiveTG shall not be construed or deemed as having "procured" you or your services to send or initiate any email or other types of electronic messages to any computer, including for the purposes of promoting us or our respective trade or business, or goods, products, property, or services.
  • Customer understands and agrees that any communications in violation of the above CAN-SPAM Act of 2003 policy is inappropriate and, at the sole discretion of AccretiveTG, may result in immediate account suspension or cancellation.

    Deceptive Communication

    Any mailing or posting of "Make Money Fast", "Fast Cash", pyramid schemes, or chain letters of any kind is expressly prohibited.

    Spoofing E-mail and News posts

    All Customer E-mail and news posts shall have the Customer's valid account name in the header. Customer may use another existing AccretiveTG or non-AccretiveTG E-mail address in the "reply to" field as long as it is clear that the post came from your AccretiveTG account. Use of standard "anonymous re-mailers" is allowed for private (noncommercial) E-mail and posting.

    Disclaimer

    Please read the User Agreement and Copyright Notice by clicking on the "All Rights Reserved" link.

    AccretiveTG respects Customer's privacy and will make reasonable attempts to protect Customer's privacy. Provided, AccretiveTG will comply with any lawful warrant or court order for Customer information pertaining to his/her account.

    Harassment

    Harassment, slander and defamation based upon, including but not limited to, race, religion, creed or sexual orientation is expressly prohibited.

    Inappropriate use of Web Service

    AccretiveTG provides space for commercial web pages with some products/services. AccretiveTG assumes no responsibility for the content of such pages. Please see Disclaimer section. AccretiveTG will review complaints about 'inappropriate' web pages on a case-by-case basis.

    AccretiveTG IRC rules

    AccretiveTG prohibits IRC client software to be run through a shell account on any servers owned by AccretiveTG. IRC client software must be run from the Customer's own network or computer.

    AccretiveTG prohibits Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers.

    If AccretiveTG receives a complaint, AccretiveTG will investigate the abuse/complaint on a case-by-case basis, and reserves the exclusive right to take any remedial actions.

    Abuse of AccretiveTG Products/Services

    AccretiveTG prohibits any use of AccretiveTG system resources that disrupts the normal operation of the network or the normal usage by other AccretiveTG customers.

    Reporting Abuse

    To report abuse, please contact: abuse@accretive-networks.net.