Table of Contents
Terms and Conditions of Use
Acceptable Use Policy

Terms and Conditions of Use

This Agreement is made by and between RACC2000 hereinafter referred to as RACC Enterprises LLC, a Michigan Limited Liability Corporation, and the Customer. By using the services provided by RACC Enterprises LLC, the Customer acknowledges that he or she has read and understands these terms and conditions and agrees to be bound hereby:

1. Access to Internet:
   1. RACC Enterprises LLC shall provide the Customer access to the Internet subject to the terms and conditions of this Agreement.
2. Term of Agreement:
   1. This Agreement shall be effective as of the date the Customer's account is activated and shall continue for a minimum term of one months, unless properly terminated by the Customer by one of the methods provided for below or by RACC Enterprises LLC.
   2. This Agreement shall then be automatically renewed for successive periods unless terminated by the Customer with proper notice as provided below.
3. Termination by Customer:
   1. The Customer may terminate the agreement any time within the first 21 days of the term of service, unless their account is first terminated by RACC Enterprises LLC for violation of the Acceptable Use Policy, or breach of the Terms of Service by the customer, or for the customer's notice to RACC Enterprises LLC of their intention to violate the Acceptable Use Policy or breach the Terms of Service.
   2. After the first 21 days the agreement will be in effect for the length of the term for which the customer has prepaid unless it is terminated by RACC Enterprises LLC as provided for below.
   3. At the end of the term for which the customer has prepaid the customer may terminate the agreement by written notice to RACC Enterprises LLC 30 days prior to the end of the prepaid term. Notice given to RACC Enterprises LLC less than 30 days prior to the end of the prepaid term may subject the customer to extra fees incidental to processing or refund of renewal charges. RACC Enterprises LLC will not issue a refund to a Customer that has not provided 30 days in advance WRITTEN NOTICE of cancellation before the end of their previous prepaid term.
   4. The Customer agrees that RACC Enterprises LLC has the right to delete all data, files, or other information which is stored in the Customer's account if the account is terminated for any reason by either the Customer or by RACC Enterprises LLC.
4. Payment and Billing:
   1. For the first term of service, payment for setup charges and recurring access charges for the agreed upon prepaid term are due when the order is received by RACC Enterprises LLC for processing, and in advance of the granting of access.
   2. Payment for renewal, including recurring access charges for the agreed upon prepaid term are due one week in advance of the end of the current prepaid term.
   3. Special charges, or charges accrued during prior periods are due upon receipt of invoice by the Customer.
   4. Accounts will be automatically billed for any extra charges accrued during the service period.
   5. All accounts are subject to suspension of service for nonpayment within the specified terms.
   6. Accounts that have been suspended for nonpayment for more than 5 days are subject to deletion and termination of the service agreement.
5. Minimum Billing Increment:
   1. Special charges, as applicable, will be calculated for billing purposes by rounding up to the nearest significant unit. Connect time, CPU time, disk storage space, and megabytes of data transferred are examples of criteria subject to minimum billing increments.
   2. Such increments shall be solely determined and set by RACC Enterprises LLC.
6. Transfer of Accounts:
   1. Accounts may not be transferred to other persons or used by anyone other than the Customer.
   2. The customer may permit the use of their account by members of their immediate family living in the same household as the customer. The customer may not share their account or allow their account to be accessed by anyone not currently living in the same household as the customer.
   3. Customers determined to be in violation of this provision in the sole and final judgment of RACC Enterprises LLC are in violation of their Terms of Service and are subject to termination of the agreement by RACC Enterprises LLC without refund of any kind.
   4. If the Customer provides their username and password to any other person, and that person uses that username and password to gain access to RACC Enterprises LLC's system for any purpose, that person is using the account with the Customer's knowledge.
   5. Customers that allow their accounts to be used by anyone other than the customer, including an immediate family member, are responsible for the actions of that person while they use the account and for any extra fees or charges they may incur by taking advantage of services which incur an extra charge or by violating the Acceptable Use Policy and/or the Terms of Service, even when the Customer has not given them explicit permission to do so.
7. Acceptable Use:
   1. The Customer agrees not to transmit or store any information, data or material which (i) violates any federal, state or local statute, rule or regulation or the common law, (ii) is protected by copyright or trademark, (iii) is a trade secret, (iv) is obscene, (v) is threatening or abusive or (vi) is libelous.
   2. The Customer agrees to abide by the Acceptable Use Policy and to be bound by the terms of the Acceptable Use Policy in addition to the Terms of Service.
   3. The Customer agrees to pay any charges incurred by any violation of the Acceptable Use Policy either by themselves or by any other person using the account with their knowledge.
8. Indemnification:
   1. The Customer agrees to indemnify and hold RACC Enterprises LLC harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which RACC Enterprises LLC may become subject to or arising out of the actions of the Customer or any person using the Customer's account with the Customer's knowledge, even when the Customer has not given them explicit permission to do so.
   2. This indemnification provision shall survive any termination of the Customer's account, either by the Customer or by RACC Enterprises LLC.
9. Termination of Services:
   1. RACC Enterprises LLC reserves the right to terminate service to the Customer if RACC Enterprises LLC, in its sole discretion, determines that the Customer has violated the terms of this Agreement (the Terms of Service) or RACC Enterprises LLC's Acceptable Use Policy or the Acceptable Use Policy of any other network, or uses the account in defamatory, fraudulent, or deceptive ways, or uses the account in a manner which is intended to threaten, harass, or intimidate, or interferes with other subscribers' use and enjoyment of the services provided by RACC Enterprises LLC.
   2. In the event of such termination, user shall be liable for any costs incurred by RACC Enterprises LLC regarding the investigation of the violation.
   3. RACC Enterprises LLC reserves the right to withhold some or all of the moneys paid for services, in the event of violation of this agreement.
10. Nature of Information:
    1. The Customer has been advised and acknowledges that the Internet may contain information, materials and language which may be deemed adult in nature and inappropriate or offensive.
    2. The Customer is further advised that there is no effective way to limit access to certain materials on the Internet.
    3. The Customer is solely responsible for all information received, transmitted, and/or stored through the use of their account either by themselves or by anyone using the Customer's account with the Customers knowledge as provided for above.
    4. The Customer shall be responsible for supervising any minor who may use the service provided by RACC Enterprises LLC.
    5. The Customer releases RACC Enterprises LLC from and agrees to indemnify RACC Enterprises LLC against any and all claims, losses or expenses relating to such information, materials and language.
11. Disclaimer of Warranty:
    1. RACC Enterprises LLC makes no warranty, either express or implied, regarding any information, product or service provided to or received by the Customer under this Agreement or as to the availability, accuracy or content of information, products or material sent or received by means of the services provided by RACC Enterprises LLC or as to service interruptions or network downtime. RACC ENTERPRISES LLC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability:
    1. The Customer agrees that RACC Enterprises LLC's liability shall in no event exceed the fees paid by the Customer for the services provided under this Agreement.

RACC Enterprises LLC reserves the right to modify this document at any time to serve our customers better.

Acceptable Use Policy

This document outlines RACC2000 hereinafter referred to as RACC Enterprises LLC conditions of Acceptable Use. The user agrees to abide by these rules as a condition of use. By using the services provided by RACC Enterprises LLC, the Customer acknowledges that he or she has read and understands these policies and agrees to be bound hereby.

1. Changes to Acceptable Use Policy:
   1. RACC Enterprises LLC notifies users of changes to its Terms and Conditions of Sale and Acceptable Use Policy via e-mail sent to the members of its Points Of Presence Netnews list. Users that are not signed up for a POP Netnews List will not be sent notification.
   2. Changes to the Terms and Conditions of Sale and/or the Acceptable Use Policy take effect 30 days after the changes have been posted to RACC2000.coms web site or upon renewal of the customer's account, whichever is shorter.
   3. The customer has the option of canceling their account should they decide that any changes to the user policy are unacceptable to them. However, RACC Enterprises LLC is not obliged to refund any prepaid charges to the customer as a result of any such cancellation.
   4. Continued use of RACC2000.com/RACC Enterprises LLC services following changes made to the Terms and Conditions of Sale or the Acceptable Use Policy shall be considered acceptance of those changes.
2. Simultaneous Use of Multiple Dialup Connections
   1. Your membership grants you a non-exclusive, nontransferable right to access and use your RACC Enterprises LLC connection on any machine of which you are the primary user.
   2. You may not, however, access the service on more than one machine at a time or using more than one modem at a time.
   3. You may be connected to more than one of RACC Enterprises LLC incoming lines at a time only if you have been granted express permission to do so. Users with permission to use more than one line at a time (such as ISDN users) may only do so when those lines are connected to the same device (such as two B channels per ISDN terminal adapter) and when they are connecting to the same RACC Enterprises LLC Point Of Presence (such as two B channels connected to the available dialup locations). These two connections are then to be used as one connection (otherwise known as Binding).
   4. Users who are found to be using more than one connection at a time without permission or in a manner not consistent with the above provisions will be subject to disciplinary action up to and including termination of the service agreement without refund for any prepaid services.
3. Unlimited Interactive Use
   1. Some RACC Enterprises LLC accounts allow the Customer Unlimited Interactive connection time via RACC Enterprises LLC Dialup lines. This gives the Customer the non-exclusive and nontransferable right to make and maintain a connection to RACC Enterprises LLC network via a telephone line or other communications connection.
   2. Unlimited Interactive Use, however, is limited to direct interactive use of your computer. You must be using your computer directly, and not connecting your computer to RACC Enterprises LLC and allowing others to access your computer. Running a server or information service, using programs such as Ponger, ICQ, AOL Messenger and others in order to keep your connection alive by sending packages every (x) minutes while actually being idle is not an interactive use in this context. Connections that are held for extended periods of time by automated methods are in violation of this agreement, and will have their connection or account suspended, without refund.
   3. Customers found to be using their accounts in a manner inconsistent with this policy in the sole and final judgment of RACC Enterprises LLC are subject to disciplinary action including account termination without refund for prepaid services.
   4. Customers using their Dialup Account for unattended or Commercial purposes may elect to Call RACC Enterprises LLC Sales for a commercial or dedicated line, at 231-548-2000.
4. DSL Service
   1. Residential and small business customers can expect download speeds up to 1 mbps under favorable conditions. These accounts are for private use only. Customers may not run programs for which RACC Enterprises LLC provides service. This includes but is not limited to running WWW, P2P, MAIL, and FTP servers. Residential customers are prohibited from excessive consumption of resources, including but not limited to CPU time, memory, disk space, and network bandwidth.
   2. Commercial DSL accounts guarantee a specific bandwidth under favorable conditions. This is for dedicated use for commercial transactions, advertising, dedicated server sites, and commercial sales.
   3. Resale or redistribution of bandwidth outside of the household or place of business is strictly prohibited.
5. Confidentiality of Passwords
   1. The Customer agrees that it is their responsibility to maintain the confidentiality of their password. This includes the responsibility to change their password on a regular basis. The Customer acknowledges that RACC Enterprises LLC will not normally prompt or remind them to change their password at regular intervals.
   2. The Customer agrees to select a password that is nontrivial, and cannot be easily guessed based upon personal knowledge of the Customer (i.e., the Customer's name), and is not listed in a dictionary. Good passwords consist of 6 to 8 alphanumeric characters of mixed lower case.
   3. The Customer agrees that they are not to share their password with any unauthorized person, and that sharing their password is equivalent to giving that person permission to use their account.
   4. The Customer agrees that they will be held responsible for the actions of anyone using their account with their permission, including the cost of any goods or services ordered and the penalties for any violations committed.
6. Storage of Files on RACC Enterprises LLC Servers
   1. RACC Enterprises LLC reserves the rights to deny the customer access to files stored on its servers and to review their contents in order to determine if violations of the Terms and Conditions or the Acceptable Use Policy have occurred.
   2. E-mail messages sent and received by RACC Enterprises LLC customers are stored as files on the RACC Enterprises LLC servers, and are thus subject to the above policy.
   3. It is the Customer's responsibility to keep backups of their own important files.
   4. RACC Enterprises LLC does back up its servers and does keep backups of customer files, but these backups are intended for hard disk and file system emergencies and are not meant to protect an individual Customer's files from accidental or intentional deletion. In short, keep your own backup copies on your own system and do not depend on RACC Enterprises LLC system backups. If you fail to do so, the risk is yours to take and the consequences are yours to deal with.
   5. When an account is deleted, either by RACC Enterprises LLC or by the Customer, the files stored by that account on RACC Enterprises LLC servers may be deleted and will not be recovered for the customer. RACC Enterprises LLC may, at its option archive the customer's files for it's own use, and may deny the Customer access to those files if the situation warrants.
7. File and E-mail Privacy
   1. RACC Enterprises LLC wishes to safeguard the privacy of customer files (including e-mail), however the sanctity of files stored on RACC Enterprises LLC servers should not be assumed. RACC Enterprises LLC system administrators have access to any and all files stored on RACC Enterprises LLC servers and may review the contents of those files (including e-mail) to determine if crimes or violations of the Acceptable Use Policy have occurred, or to diagnose system problems, or for any other reason.
   2. RACC Enterprises LLC does not assume legal responsibility for the privacy of files stored on its servers. Sensitive information should be protected by strong encryption. It is the Customer's responsibility to obtain, learn, and use encryption software if they plan to use RACC Enterprises LLC servers to store or transmit sensitive information.
8. Disruption of Service to Other Customers
   1. Any act which results in the disruption of service to other RACC Enterprises LLC Customers or to other Internet users will subject the Customer to immediate account cancellation without refund for prepaid services, and may subject the Customer to liability for the cost of services lost, plus the costs of investigation.
   2. Any act which results in a loss of enjoyment of service to any other RACC Enterprises LLC Customer or to other Internet users may subject the Customer to disciplinary action up to and including account cancellation without refund for prepaid services.
   3. Loss of enjoyment of service need not involve an interruption in the use of service, and can include any action which makes the service less enjoyable for that person to use. Annoying, harassing, or threatening communications to other Internet users are examples of acts which may result in loss of enjoyment of service to other Internet users.
9. Hacking
   1. Any attempt to gain unauthorized access to any system, either on RACC Enterprises LLC network or any other network, will subject the Customer to disciplinary action up to and including, but not limited to, immediate account cancellation without refund for prepaid services, and may subject the Customer to liability for damages caused and costs incurred by the unauthorized access or attempt to gain unauthorized access. Customer also agrees to reimburse RACC Enterprises LLC costs associated with investigating the incident.
   2. Any unauthorized attempt to read another user's files (including e-mail) on RACC Enterprises LLC servers is considered hacking and will be treated as such under the above provision.
10. Use of RACC Enterprises LLC e-mail Services
    1. The Customer agrees not to transmit unsolicited commercial e-mail messages, including but not limited to, commercial advertisements, informational announcements and chain letters to any RACC Enterprises LLC or Internet user via their RACC Enterprises LLC account or via any other Internet connection that in any way implicates RACC Enterprises LLC.
    2. The Customer agrees not to use any mail server to relay mail for the purpose of sending unsolicited commercial e-mail messages.
    3. Customers found to be in violation of this policy in the sole and final determination of RACC Enterprises LLC will be subject to immediate suspension and eventual termination of the Customer's account without refund for prepaid services.
    4. The Customer agrees that RACC Enterprises LLC may charge the Customer $10 per intended recipient of any message sent in violation of this policy to compensate RACC Enterprises LLC for the loss of its good will and good reputation in the Internet community and for the time spent by RACC Enterprises LLC staff tracking the Customer's identity, deleting any of their messages remaining on RACC Enterprises LLC mail server, and responding to complaints from recipients of the unsolicited commercial e-mail.
    5. The Customer agrees that RACC Enterprises LLC may store their name, address, and other personal information in a private database for the purpose of refusing to grant them future access to RACC Enterprises LLC services if RACC Enterprises LLC determines that the Customer has violated this policy.
    6. The Customer agrees that RACC Enterprises LLC may share their name, address, and other personal information with other Internet Service Providers and notify them that the Customer's account at RACC Enterprises LLC has been terminated for transmitting unsolicited e-mail should RACC Enterprises LLC determine that the Customer has violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.
11. Use of RACC Enterprises LLC Usenet News Services
    1. The Customer agrees not to post messages to newsgroups which do not pertain to that newsgroup's stated charter.
    2. The Customer agrees not to cross-post messages to multiple newsgroups that are inflammatory and meant to start an argument between the users of those newsgroups.
    3. The Customer agrees not to post messages which advertise a commercial product or service in an inappropriate way, either by doing so in a repetitious manner or by cross-posting the same message to several newsgroups that are otherwise unrelated (otherwise known as "Spam").
    4. The Customer agrees not to post inappropriate or Spam Usenet messages via their RACC Enterprises LLC account or via any Internet connection that in any way implicates RACC Enterprises LLC.
    5. The Customer agrees not to include their RACC Enterprises LLC e-mail address in the body or header of any inappropriate or Spam Usenet post.
    6. The Customer agrees not to include the URL of any web site hosted by RACC Enterprises LLC in the body or header of any inappropriate or Spam Usenet post.
    7. Customers found to be in violation of this policy in the sole and final judgment of RACC Enterprises LLC are subject to immediate suspension and eventual termination of the Customer's account without refund for prepaid services.
    8. The Customer agrees that RACC Enterprises LLC may charge the Customer $10 per message posted and $10 for each newsgroup that the message is cross-posted to, in order to compensate RACC Enterprises LLC for the loss of its good will and good reputation in the Internet community and for the time spent by RACC Enterprises LLC staff tracking the Customer's identity, canceling their posted messages and responding to complaints from displeased readers of the message(s).
    9. The Customer agrees that RACC Enterprises LLC may store their name, address, and other personal information in a private database for the purpose of refusing to grant them future access to RACC Enterprises LLC services if RACC Enterprises LLC determines that they have violated this policy.
    10. The Customer agrees that RACC Enterprises LLC may share their name, address and other personal information with other Internet Service Providers and notify them that the Customer's account at RACC Enterprises LLC has been terminated for posting Spam articles should RACC Enterprises LLC determine that the Customer violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.
12. Purchase or Sale of Goods via the Internet
    1. The Customer acknowledges that any goods or services not clearly identified as being sold by RACC Enterprises LLC are offered by third parties via the Internet.
    2. The Customer acknowledges that all transactions involving third parties are solely between the Customer and the third party and do not involve RACC Enterprises LLC in any way.
    3. RACC Enterprises LLC makes no warranties or representations whatsoever regarding goods or services offered by third parties via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of third parties or the Customer.
    4. RACC Enterprises LLC makes no warranties or representations whatsoever regarding goods or service offered by Customer via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of the Customer or third parties.
    5. Furthermore the Customer agrees to indemnify and hold RACC Enterprises LLC harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which RACC Enterprises LLC may become subject to or arising out of the purchase or sale of goods and/or services by the customer via the Internet.
    6. If the Customer is found to be fraudulently offering goods or services via the Internet using their RACC Enterprises LLC account, RACC Enterprises LLC reserves the right to terminate the account without notice and without refund of any prepaid charges.
13. Impersonation of RACC Enterprises LLC Staff
    1. The Customer agrees not to impersonate a RACC Enterprises LLC staff member for any purpose, including, but not limited to, obtaining private information from users of RACC Enterprises LLC or of other Internet Service Providers and Online Services.
    2. Impersonation of a RACC Enterprises LLC staff member may subject the user to disciplinary actions, including, but not limited to termination of the service agreement without refund and charges calculated to compensate RACC Enterprises LLC for the loss of good will and good reputation among the Internet community.
    3. RACC Enterprises LLC will cooperate fully with law enforcement authorities in cases where a Customer impersonates a RACC Enterprises LLC staff member in such a way as to defraud other users of RACC Enterprises LLC or the Internet or violate any other federal, state, or local law or international treaty and will seek the assistance of various law enforcement agencies when it becomes aware of such activities.

RACC Enterprises LLC reserves the right to modify this document at any time to serve our customers better