Step One (No NIC) - Green Mountain Access

Thank you for choosing Green Mountain Access
High Speed Internet Service
Step 1: Installing Your Filters
This kit includes DSL filters that MUST be installed on all telephone devices that
share the same phone number as your DSL service. DO NOT install a filter on the
DSL modem. Follow the instructions included with each filter. The following
devices need filters: telephones, cable/satellite TV boxes, alarm systems,
answering machines, fax machines.
Step 2: Plugging in your new modem/router:
Your computer should be OFF while you do this.
Attach the 2 Wireless Antennas. Each antenna simply threads onto the posts
on the modem/router.
Plug in one end of the included phone line directly into phone jack on wall or
DSL rated surge protector. If the phone jack is in use already, we have included a
splitter in your kit. Plug the other end of included phone line into the ‘DSL’ port
on the modem/router.
Plug one end of the included yellow LAN cable into one of the yellow LAN
ports, and the other end into your computer’s Ethernet port. If you plan to use
ONLY wireless devices, please complete ‘Step 5: (optional) Using wireless
computers and devices’ on the next page before proceeding to ‘Step 3: Running
the Easy Sign On’.
Plug in the power cord. We recommend using a quality surge protector or
uninterruptible power supplies (UPS) rated for Broadband (DSL) to protect your
computer and DSL equipment. If no lights are lit, press the power button on the
back of the modem. Once the unit is powered up, please turn on your computer.
(continued on next page)
Step 3: Running the Easy Sign On™
1. Open an Internet browser, such as Internet Explorer, Firefox or Safari
to activate the Easy Sign On.
2. You will be prompted to enter a username and password. Enter your
GMA username and password and click “Apply”. Please wait a few
moments while the information is auto-saved to the modem. Once it is
finished, a “Success” screen will appear. You may close the browser
window.
Step 4: You are ready to test your new DSL service!
Open a new web browser, such as Internet Explorer, Safari, or Firefox.
•
Type: www.gmavt.net into browser address bar at the top of your
screen. Press enter on your keyboard. The GMA homepage should
appear. If you do not see our page, please call 1-888-321-0815 for
assistance.
Step 5:(optional) Using wireless computers & devices:
Your new GMA modem/router is automatically configured to allow wireless
connections. Use your wireless device (computer, tablet, smartphone) to view
available wireless networks.
1. Select and connect to the network with the SSID most similar to:
‘gmavt_wireless_xxxx’ (the xxxx should be the last 4 digits of wireless
key noted below) .
2. You should be prompted for a password or key. Your wireless key is the
same as the ‘MAC’ number printed on the bottom of your GMA
modem/router. See sample below. (Note: the 12 character key is case
sensitive and will only need to be entered one time per wireless device.)
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Basic DSL Troubleshooting Guide:
If the steps below fail to resolve the issue, please call our support
team at 888-321-0815. Do NOT press the reset button on the
back of the DSL modem.
Symptom:
No Lights illuminated on DSL Modem.
“DSL” light on Modem is not lit or is
flashing.
None of the “LAN” Lights on Modem
are lit.
Can’t connect to the web or email.
(Power, LAN, ADSL Lights all on solid)
Suggested Fix:
Make sure your power cord is securely
plugged in at both ends. Check to be
sure power button it switched on.
1-Check cord coming from the phone
jack. It should be securely plugged into
the “Line” port on the modem. This
cord should NOT have a DSL filter.
2-Disconnect the power cord to the
modem for 1 full minute then
reconnect it. The modem will begin to
start back up. If Status light does not
become solid after 5 minutes proceed
to next step.
3-Confirm that all telephone devices
sharing the same phone number as
your
DSL
modem
have
filters.
Remember: telephones, fax machines,
answering machines, cable/satellite TV
boxes and alarm systems. Unused or
empty phone jacks DO NOT require a
filter.
1-These lights will not be lit if you are
only using a wireless computer.
2-Confirm that Ethernet cable is
securely plugged into the Modem and
Computer.
2-Disconnect the power cord to the
modem for one full minute then
reconnect it. The modem will begin to
start back up. The LAN light should
become solid within 5 minutes.
Advanced users may check to ensure
their computers LAN connection is
active and enabled. The GMA support
team can also assist with this step.
1-Disconnect the power cord to the
modem for one full minute then
reconnect it. The modem will begin to
start back up. It may take as long as 5
minutes to completely restart.
2-Restart any Ethernet routers, hubs or
switches you have installed.
3-Restart your computer.
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Frequently Asked Questions
“Can I share my DSL modem with more than one computer?”
Yes! Your new DSL modem has space for up to 4 wired computers and also
has a built-in wireless access point allowing even more flexibility. If you
require more than 4 wired computers and an Ethernet hub or switch,
Ethernet
hubs/switches
can
be
purchased
at
any
good
computer/electronics store.
“I have a Security/Alarm System that uses the phone line. Does it need a DSL
filter too?”
Yes. Your alarm system must have first priority use and access to your phone
line. Without an Alarm Panel DSL filter your security system may not be able
to dial out properly. In addition, your DSL service may not function at the
level that it should. Because of the many different security systems in use,
Green Mountain Access recommends you discuss this issue with your alarm
company. They should have recommendations to properly filter your
particular security system.
“Do I need anti-virus software on my computer?”
Yes. Any computer that is connected to the Internet should also be running
up-to-date anti-virus software. Please visit: http://www.gmavt.net for more
information on our anti-virus policies and suggestions.
“Do I need a firewall?”
It is not required; however, it’s advisable to incorporate a firewall into your
network or computer. Detailed information on personal firewalls can be
found at http://www.securityportal.com and http://www.zdnet.com. We
do not provide technical support for these programs. Please refer to the
manufacturer’s web site for answers to your questions.
“Do I need a surge protector and/or an Uninterruptible Power Supply (UPS)?”
We highly recommend using a quality surge protector rated for Broadband
with your DSL modem to protect it from any power fluctuations and provide
you with maximum reliability. Uninterruptible Power Supplies (UPS) are
another option and provide the safety of a battery backup for your
computer equipment.
Try to steer clear of the cheaper models of surge protection as many of
these units offer little in the way of surge protection. While surge protectors
may not stop every single surge, they are well worth the peace of mind.
Some manufacturers of surge protection even offer equipment
replacement guarantees in the event that the protection fails.
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GREEN MOUNTAIN ACCESS HIGH-SPEED INTERNET TERMS AND CONDITIONS
You will have accepted the terms and conditions below
if you use the Service provided by Green Mountain Access,
or otherwise indicate your affirmative acceptance of the Service.
1. Services. Green Mountain Access will provide, and Customer will purchase, High-Speed Internet access services
("Services") on the terms and conditions set forth in this Agreement. Other than the installation kit referred to in
Section 2 below, the Customer will be responsible for obtaining any equipment needed to access, connect to, or use
the Services, at its cost and expense, and for ensuring that its equipment is compatible with the Services.
2. Installation Kit. Green Mountain Access will provide an installation kit for High-Speed Internet Services to the
Customer; the installation kit will include a modem and certain microfilters. Green Mountain Access does not
manufacture the kit. Customer acknowledges that the kit is fit for Customer’s purposes and accepts the kit in its
current condition.
a. Customer Ownership of Modem If the Customer chooses to purchase the self installation kit/modem, the
Customer will own the kit. In that case, the Customer will be responsible for any losses, repairs or damages to
such kit following installation, regardless of how they may occur or arise.
If any equipment supplied by Green Mountain Access (GMA) or Waitsfield and Champlain Valley Telecom (WCVT)
pursuant to this Service Agreement is found to be defective in material or workmanship within twelve (12) months
of the date of order completion, then any such equipment will be repaired or replaced at the option of GMA with
a new or functionally equivalent model. Labor and material required to repair or replace such defective
equipment will be free of charge for a period of twelve (12) months following the completion of the original
installation.
This limited warranty does not apply to; a) theft or loss; b) damage resulting from accidents, acts of God or
nature, alteration, misuse, tampering or abuse; c) failure of the customer to properly follow operation
instructions provided at the time of installation or at a later date; and d) trouble due to interruption of
commercial power or phone service.
A fee (current modem cost, plus labor and material charges, plus applicable taxes) will be charged for equipment
replaced beyond the period of twelve (12) months following the completion of the original installation, or as a
result of a condition described in the above limited warranty.
The foregoing limited warranty is in lieu of all other warranties, express or implied, including but not limited to,
any implied warranties of merchantability or fitness for a particular purpose. No agent, employee or
representative of Green Mountain Access (GMA) or any other person is authorized to modify this warranty in any
respect. This warranty is non-transferable. This warranty gives you specific legal rights and you may also have
other rights, which vary from state to state.
b. Customer Rental of Modem If Customer selects the Modem Rental option, Green Mountain Access will retain
ownership of the kit. The Customer must use reasonable care to avoid damaging it, and agree not to alter,
modify, sell, license, lease, assign, encumber, relocate, move or tamper with its components. If the kit
components, including the modem and microfilters, cease to operate properly due to no fault of the Customer
(e.g., the components have not been subject to misuse, abuse, neglect, improper use, improper electrical
voltages or current, repairs by others, alterations, or modifications), Green Mountain Access will replace the
faulty kit components at no charge to the Customer. The replacements may not be the same model as the
original components, and may be new, repaired or reconditioned. Customers may opt into the modem rental
program at anytime. The kit, including the modem and microfilters, must be returned to Green Mountain Access
in good and working condition upon the termination or expiration of this Agreement or the disconnection of the
Services. If the kit is not returned to Green Mountain Access in good and working condition within 15 days after
the termination or expiration of this Agreement or the disconnection of the Services, Green Mountain Access will
have the right to charge the Customer up to $84.95 for the modem and microfilters. Customer agrees to pay such
charge, and authorizes Green Mountain Access to charge such amount to Customer’s credit card, as appropriate.
c. Tips for Protecting Your Modem and Computer Equipment Green Mountain Access highly recommends using a
quality surge protector rated for broadband with your Internet modem to protect it from any power fluctuations
and provide you with the maximum reliability. Uninterruptible Power Supplies (UPS) are another option and
provide the safety of a battery backup for your computer equipment. Try to steer clear of the cheaper models of
surge protection as many of these units offer little in the way of surge protection. While surge protectors may not
stop every single surge, they are well worth the peace of mind. Some manufacturers of surge protection even
offer equipment replacement guarantees in the event that the protection fails.
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3. Minimum System Requirements and Wiring. Customer acknowledges that its computer must meet minimum system
requirements in order to access the Services. Customer also agrees and acknowledges that certain inside wiring and/or
equipment (other than the installation kit) may be necessary in order to complete installation for the Services. Any
fees for such wiring and/or equipment will be billed to the Customer based on the prevailing hourly rate for Green
Mountain Access technicians and the cost of such equipment. Customer acknowledges that Services require a working
telephone line.
4. 30-Day Risk-Free Period. If Customer elects a One-Year Promotional Offer, and then is dissatisfied with the Services
for any reason whatsoever, Customer may cancel this Agreement on written notice given to the Company within 30
days of the date Green Mountain Access notifies Customer that Customer’s line is equipped with high-speed Internet
service. In such event, the Customer must return the installation kit, including the modem and microfilters, to Green
Mountain Access in good working order, ordinary wear and tear expected; if these items are not returned in acceptable
condition, Customer must pay the difference between the applicable installation fee and the regular installation fee
(i.e., $84.95 for a One-Year Promotional Offer). The on-site installation fee (approximately $50.00 plus wiring), if
applicable, is not refundable in any circumstance.
5. Charges; Payment Terms. All invoices for Services are subject to payment in accordance with Green Mountain
Access’ prevailing schedule of prices, terms and conditions, without deduction or setoff of any kind. The recurring
monthly fee is due and payable in advance of each monthly billing period for which the Customer has purchased
Services in accordance with the terms of the invoices provided to the Customer. Monthly fees are non-refundable.
The initial invoice will include any applicable fees and sales tax for the installation kit, and may include non-recurring
installation charges including, but not limited to, charges for equipment and inside wiring. Payments received by
Green Mountain Access from Customer will first be applied to any unpaid interest charges and then chronologically
applied to the oldest invoice. Any invoice not paid when due shall have added to the unpaid balance thereof, on a
monthly basis, interest at one percent per month (1%).
6. Early Termination Fee. If a Customer who elected an initial One-Year Promotional Offer then terminates the
Services following the 30-Day Risk-Free Period and prior to the end of such initial one-year term, the Customer will be
liable for an early termination fee in the amount of $175.00 as liquidated and agreed-upon damages. Such early
termination fee, together with any other fees and charges due from the Customer upon such termination, shall be due
and payable immediately upon presentation of an invoice therefore by Green Mountain Access.
7. Compliance. Customer agrees to adhere to Green Mountain Access’ Acceptable Use Policy (see attached), as it may
be amended from time to time. Customer also agrees to comply with all applicable federal, state and local laws, rules
and regulations in connection with its use of the Services. In particular, Customer agrees to comply with copyright
law, including the Digital Millennium Copyright Act (DMCA). If Green Mountain Access becomes aware of alleged,
actual or apparent copyright infringement, Green Mountain Access may take action as permitted under copyright law,
other applicable laws, and these Terms and Conditions. For example, Green Mountain Access may remove and/or
block access to the allegedly infringing material, and especially for repeated infringement, Green Mountain Access may
terminate use of the Services. Customer may respond to such actions as permitted by copyright law. Information
about the DMCA and other copyright law is available at http://www.copyright.gov. The name of Green Mountain
Access' Designated Agent for DMCA purposes is available on GMA’s website at www.greenmountainaccess.net.
8. Use of Services by Others. Services provided by Green Mountain Access are for the sole use of the Customer and
those other persons designated by the Customer (collectively called "users" in the Agreement). The Services may be
shared among family members in one household, or among employees at one location for a company. All other sharing
and re-offering, and all resale of the Services to other persons or entities for specific applications and on a limited
basis, may occur only with the prior written consent of Green Mountain Access, which may be given or withheld in its
sole discretion; such consent will be signified by Green Mountain Access and Customer signing a High-Speed Internet
Services Agreement that identifies the other users and their relationship to Customer. If Customer wishes to make
material changes to the number of permitted users, or to the relationship of the users to the Customer (e.g., a change
from one user to all guests at an inn), after an Agreement has been signed and where the use is not one of the
specifically permitted uses (e.g., the users are not members of a household or employees at one company location),
Customer shall obtain the prior consent of Green Mountain Access by providing the necessary information on a revised
High-Speed Internet Services Agreement, and obtaining the signature of Green Mountain Access on the Agreement; the
change in permitted users will not alter the dates of the applicable initial term and renewal terms. In cases where the
Services are shared among members of one household or employees at one location of a company, changes may be
made to the number of users without the prior consent of Green Mountain Access. If the service is provided by the
Customer to other persons or entities, then: (a) the identities of those persons or entities must be known to the
Customer (e.g., members of a family, employees of a company or guests in a Bed and Breakfast); (b) the use of the
Services must be specifically authorized in advance by the Customer; and (c) Customer is responsible for compliance
with all applicable federal, state and local laws and regulations. The Customer may not make the Services available to
unknown members of the public. For example, if the Customer were to use a wireless network to enable access to the
Services, Customer must take steps to ensure that only those persons specifically authorized by the Customer can use
the wireless network to access the Services. Wireless networks made available to the public are forbidden, regardless
of whether a network is operated for profit. Customer is and shall be responsible for any misuse of Services, even if
the inappropriate activity was committed by a friend, family member, guest, employee or any other person who
obtained access to Customer’s account. Green Mountain Access will not give permission for the Customer to offer
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access to friends, neighbors, or other tenants in a multi-tenant facility, regardless of whether the endeavor is for
profit. Under no circumstance may the customer use, or make available, the high-speed Internet service for the
operation of an Internet Service Provider, regardless of whether the enterprise is for profit.
9. Termination; Default. Either party may terminate this Agreement effective on thirty (30) days prior written notice
to the other; provided, however, that if the Customer elected a One-Year Promotional Offer and terminates after the
30-Day Risk-Free Period and prior to the end of such term, the early termination fee described in Section 7 will apply.
In addition, if: (a) Customer violates or breaches any term or condition contained in this Agreement, the Acceptable
Use Policy or any policy adopted by Green Mountain Access relating to the Services as may be in effect from time to
time; or (b) Customer’s use of the Services is causing damage to or degradation of the Green Mountain Access system;
or (c) in the event of the insolvency of Customer, appointment of a receiver or trustee for Customer, execution by
Customer of an arrangement for the benefit of creditors or similar proceeding, or initiation by any party of any other
proceeding involving Customer as debtor under the Bankruptcy Code, as amended — then Green Mountain Access shall,
in addition to exercising any other right it has hereunder or under state law, immediately and automatically accelerate
all sums due to Green Mountain Access and/or terminate all Services to Customer and discontinue Green Mountain
Access’ performance hereunder without liability to Customer.
10. Reconnect Fee. If Customer's Services are terminated due to breach or violation by Customer of any of the terms
and conditions contained in this Agreement or any policy adopted by Green Mountain Access relating to the Services,
and if Green Mountain Access subsequently agrees to reconnect Services, then the Customer agrees to pay a $100.00
reconnection fee.
11. Security. Customer is solely responsible for the security of any device Customer chooses to connect to the
Services, including any data stored on that device. Green Mountain Access recommends against enabling file or printer
sharing of any nature whatsoever. Green Mountain Access recommends that any files or services Customer chooses to
make available for remote access be protected with a password or other security device. Green Mountain Access
recommends that Customer install a firewall to ensure the privacy of Customer’s communications and to protect its
data and network. Customer expressly assumes any and all risks relating to the security of its communications, data
and network and its potential access by others.
12. Limited Warranty; Disclaimer of Warranties; Limitation on Damages. THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT HIGH-SPEED INTERNET SERVICE SPEEDS
ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY GREEN MOUNTAIN ACCESS'
EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. GREEN MOUNTAIN ACCESS MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING
ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION OBTAINED FROM OR THROUGH SERVICES
PROVIDED BY GREEN MOUNTAIN ACCESS WILL BE AT CUSTOMER’S OWN RISK. CUSTOMER ACKNOWLEDGES THAT GREEN
MOUNTAIN ACCESS IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR INTERRUPTION IN THE
SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF GREEN MOUNTAIN ACCESS OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL GREEN MOUNTAIN ACCESS BE LIABLE FOR ANY FORM OF DAMAGES OR LOSSES
(INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM
CUSTOMER'S USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET, CUSTOMER'S RELIANCE ON OR USE OF
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES, ERRORS, DELAYS, LOSS OF
INFORMATION, OR INTERRUPTIONS IN SERVICES CAUSED BY THE CUSTOMER, GREEN MOUNTAIN ACCESS OR A THIRD
PARTY'S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE OF ANY NATURE WHATSOEVER. CUSTOMER UNDERSTANDS THAT TELECOMMUNICATION AND/OR
NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND
FOR OTHER REASONS OUTSIDE OF THE DIRECT CONTROL OF GREEN MOUNTAIN ACCESS. UNDER NO CIRCUMSTANCES
SHALL ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE
TERMS AND CONDITIONS.
13. Indemnification. Customer shall indemnify and hold Green Mountain Access harmless from and against any and all
claims, losses, damages, liabilities, fees and expenses incurred by Green Mountain Access (including attorneys’ fees
and expenses) or Customer resulting from, arising out of, or connected with any breach or violation by Customer of any
terms and conditions set forth in this Agreement, the Acceptable Use Policy and Customer’s use of Services in any
manner whatsoever.
14. Notices; Facsimile Signatures. All notices shall be in writing, sent by certified U.S. Mail, postage prepaid, return
receipt requested. If addressed to Green Mountain Access, notices shall be addressed to Green Mountain Access, P.O.
Box 9, Waitsfield, Vermont 05673-0009. If addressed to Customer, notices shall use the address appearing on records
of Green Mountain Access or to such other address as either party may from time to time advise in writing. The
delivery by any party to the other of a telecopy or facsimile signature to this Agreement or any notice hereunder shall
have the same effect as the delivery of an original signature; provided, however, that the party thereafter shall
promptly deliver an original signature page to the other (although any failure or delay in the delivery of an original
signature shall not vitiate or impair the legally binding effect of a telecopy or facsimile signature).
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15. Binding Effect. These Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their successors and permitted assigns of Customer; provided, however, that neither the installation kit
nor these Terms and Conditions nor any of the rights, interests or obligations of Customer hereunder or to the
installation kit may be transferred, assigned or delegated without the prior written consent of Green Mountain Access.
16. Governing Law and Forum. All rights and obligations of Green Mountain Access and Customer with respect to the
provision of Services shall be governed by and construed in accordance with the laws of the State of Vermont. All
questions or controversies arising out of or in any way relating to any service contract, invoice, these Terms and
Conditions, or any other aspect of the relationship between Green Mountain Access and Customer shall be submitted to
the United States District Court for the District of Vermont or, in the event that District Court is without subject
matter jurisdiction, to the courts of the State of Vermont having subject matter jurisdiction; and the parties submit
themselves to the personal jurisdiction of such District Court or Vermont court, as the case may be; and any service of
a summons, process or other paper in connection with such proceedings may be made by giving notice as provided
herein. Customer agrees to pay all costs of collection, including attorneys’ fees and expenses, incurred by Green
Mountain Access for the collection of any amounts due, including costs for court actions at the trial level and any
appellate level. The right to such attorneys’ fees and expenses shall be deemed to have accrued from the
commencement of any such activities and shall be enforceable whether or not such action is filed or prosecuted to
judgment. The rights and remedies herein are cumulative and not exclusive of other rights and remedies which may be
granted or provided by law; and nothing herein contained shall be construed to preclude or in any way prohibit Green
Mountain Access from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent
jurisdiction to effect the collection of any sums due it or to enforce any right or remedy arising hereunder or
otherwise.
17. Reformation; Severability. If any term, covenant or condition of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, such provision will be enforced as nearly as
possible in accordance with the stated intention of the parties, and the remainder of this Agreement, or the
application of such term, covenant or condition to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall
be valid and be enforced to the fullest extent permitted by law.
18. Representation and Warranty of Customer. The Duly Authorized Agent signing the Agreement represents and
warrants that he or she is more than 18 years old and can enter into their own contracts or has the authority to enter
into contracts on behalf of Customer. If Customer is an entity, Customer represents that it is duly organized and in
good standing in the jurisdiction of its organization and in the State of Vermont, and that the execution and delivery by
the Customer of this Agreement and the performance by the Customer of its obligations hereunder have been duly
authorized by all necessary action, do not require any approval or consent of any person or local, state, federal or
other governmental authority, and do not and will not conflict with, result in any violation of, or constitute any default
under, any provision of, the articles of organization or by-laws or other organizational documents of the Customer or
any contract, agreement, document or instrument to which it is a party or by which it is bound.
19. Entire Agreement. These Terms and Conditions contain the entire agreement and understanding concerning the
Services and supersede all prior negotiations and all other agreements, whether electronic, written or oral. These
Terms and Conditions and the Acceptable Use Policy may be modified at any time hereafter by Green Mountain Access.
Green Mountain Access will notify Customer of any such changes by posting a notice of such changes at
www.greenmountainaccess.net or by sending a notice via e-mail or postal mail. Customer’s continued use of Services
following such notice constitutes acceptance of all of such changes. The printed or electronic version of these Terms
and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings
based upon or relating to these Terms and Conditions to the same extent, and subject to the same conditions, as other
business documents and records originally generated and maintained in printed form.
ACCEPTABLE USE POLICY
Green Mountain Access provides to business and consumer users several information technology related services,
including Internet access, various electronic mail (e-mail) packages and services, World Wide Web website hosting
arrangements, and other online and Internet-related services (collectively, the “Services”). This Acceptable Use Policy
(“AUP”) sets forth specific actions that are prohibited by Green Mountain Access (“GMA”) and applies to all users of
Services, without exception. For purposes of this AUP, the "users" consist of the Customer and any other persons with
access to the Customer's account (regardless of whether such access is permitted by GMA and the Customer).
Violations of this AUP may result in immediate suspension and/or termination of the Services.
Users will not use the Services:
·
To monitor data on any network or system without the explicit authorization of the administrator
of that system or network.
·
To interfere with the service of any user, host or network, including deliberate attempts to
overload a server, network connected device or network component.
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·
To send unsolicited, mass electronic mail messages to one or more recipients or systems
(“Spamming”). Any electronic messages, which are sent in an unsolicited manner to 75 or more
recipients, or any series of unsolicited electronic messages to a single user, qualifies as Spamming.
Other restrictions may apply.
·
For illegal purposes or to further illegal activities, including and without limitation, uploading,
downloading, posting, distributing or facilitating the distribution of any material in any chat room,
message board, newsgroup or similar interactive medium that users access through the Services
that:
(a)
constitutes an unauthorized reproduction of copyrighted or other protected materials, or
otherwise violates copyright law;
(b)
violates U.S. export control laws;
(c)
is threatening, abusive, harassing, obscene, defamatory, libelous, deceptive, fraudulent
or invasive of another’s privacy; or
(d)
encourages conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international law or regulation.
·
To transmit any material or data in violation of federal, state or local law or regulation, including,
but not limited to any copyrighted material or data, or material or data protected by a trade
secret.
·
To probe hosts or networks without the explicit authorization of the administrator of those
systems.
·
To breach the security of a host, network component or authentication system without the explicit
permission of the administrator of those systems.
·
To originate malformed data or network traffic that results in damage to, or disruption of, a
service or network connected device.
·
To forge data with the intent to misrepresent the origination user or source.
·
To forge electronic mail headers (including any portion of the IP packet header and/or electronic
mail address), or any other method used to forge, disguise, or conceal the user’s identity when
using the Services (“Spoofing”).
·
To use another Internet user’s electronic mail server to relay electronic mail without the explicit
permission from that third party (“E-mail Relay”).
·
To conceal, forge or otherwise falsify the user’s identity in connection with any Services, or
present a false identity to GMA when signing up for any Services.
·
To cross-post the same or similar messages to two or more USENET newsgroups or to post messages
which are off-topic to the particular newsgroup. All postings to USENET newsgroups by Customer
must comply with that newsgroup’s charter and other policies.
The Customer is responsible for anyone else who uses the Customer's Account, regardless of whether such use is
permitted by GMA and the Customer. Violations of this AUP by anyone using Customer's account will be considered a
violation by the Customer of the Services. It is therefore the responsibility of every Customer to ensure that other
users of the Customer's account understand and adhere to this policy.
A violation of this AUP may result in immediate suspension or termination of the Services, and civil or criminal
prosecution. (See High-Speed Internet Services Standard Terms and Conditions.) GMA will assist authorities in the
investigation of incidents involving such violations. GMA reserves the right to modify the terms of this AUP at any time
and from time to time. The current version of the AUP is posted on GMA’s website at www.greenmountainaccess.net.
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