Terms of Service

Bway.net Rules of the House

revised: October 7, 2016

Acceptance of Terms

Request of an account that is activated by bway.net will be deemed to constitute acceptance of terms, conditions, rules and regulations of bway.net. The rights and responsibilities conferred by acceptance of this agreement are non-transferable.

Billing

Failure to pay all applicable charges within 5 days of the payment due date may result in automatic
termination of subscriber’s account. If an account has been suspended or sent out to collection, a $25 re-activation fee will apply. In the event that collection activity must be pursued, you may be responsible for collection fees, attorney fees and any court costs incurred, along with 10% late fees.

All billing is done for the month going forward (e.g., if billed on Jan. 1 your billing period will be Jan. 1 – Jan. 31). Invoices will not be prorated due to cancellation in mid-cycle.

Connection Time/Bandwidth Usage

(Note: this paragraph applies to legacy dialup access) – Bway accounts include unlimited usage, which does not mean unlimited connection time. While you may use your Bway account for as long as you like, Bway expects you to disconnect the service when you are not using it. This policy frees up modems for users who need them, keeping busy signals at bay. If you do wish to be online 24 hours a day, please see the DSL section of our site at bway.net for more information about our dedicated ‘always-on’ connections.

In some cases bandwidth or telephone usage is billed to Bway based on client access and downloading patterns. In these cases restrictions may apply. Usenet service through Giganews.com includes a 7GB/connection/month limit and any usage above that amount may result in additional charges or account cancellation.

Cancellation

The subscriber must email a request to cancel to disconnect@bway.net. We will need to verify certain account information in order to cancel your account and stop the billing cycle. If you are in your seven day free trial period and choose to cancel the service, please call or email before the seven days have expired in order to prevent being billed. We do not monitor account usage, so you must expressly cancel the service.

If a subscriber cancels an account and is billed following the cancellation date a refund may be issued, but in no case will the refund exceed two months service charges. Subscribers are responsible for monitoring credit card charges for accuracy.

Cancelling client is responsible for removing all files and email from the system prior to cancellation. Bway.net may remove such files at its discretion, but is under no obligation to do so.

Definition of Subscribers

Subscribers must be 17 years of age or older. In addition, subscribers may also be referred to as “you,” “customers,” “clients” or “users,” and those may be either natural persons, corporations, partnerships or other legal entities.

Passwords

Your password is the key to your security and to ours. We cannot be responsible for your sharing or loss of a password. (We do insist on use of non-obvious passwords that some users may be prone to forget; in that case we have procedures for setting new passwords.) Unless our records indicate that your account/files have been maliciously accessed–without such access being enabled by you–you will be held responsible for all activity in your account or under your login/password. For your protection and ours, we request immediate notification if your password has been lost, stolen, or otherwise compromised. Please contact us at tech@bway.net or phone us at (212) 982-9800.

Confidentiality

Because data transmitted over the internet is considered “insecure,” clients are advised that if privacy or security is an issue, any confidential transmissions, including email, should employ some sort of encryption. Bway.net has a secure server available for interested parties, but otherwise it is the subscriber’s responsibility to provide and configure some form of encryption.

Limitation of Liability

Bway.net’s services are provided on an “as is, as available” basis and no warranty, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, is made with respect to bway.net or its services. In addition, bway.net makes no guarantee regarding availability of dial-up services, network connectivity, backups, or system functionality (including mail, usenet, etc.).

Termination for Cause

All of the following actions are expressly prohibited and may result in automatic termination of a subscriber’s account:

• Sharing your password or allowing use of your password by another person or user.
• Multiple simultaneous logins from disparate locations in a user account (legacy dialup only).
• Any attempt to gain access to another members account.
• Attempting to gain access to another member’s account, whether successful or not.
• Use of the system in such a way as to willfully or negligently burden our servers disk space, CPU,
  telecommunications or other resources or to effectively use bway’s resources to cause a “denial of services” for bway clients or those connected to other systems or servers on the network.
• Willful or malicious attacks on another system or server on the network.
• Willful or negligent disregard of the privacy and/or autonomy of other users, notably by sending mail or audio messages to a user who has expressly requested not to be contacted.
• Flooding Usenet groups or using automated mailings (“spamming”) with either commercial or non-commercial postings.
• Compiling or use of “bots”.
• Performing any act that is prohibited under common law or the statutes or regulations of the City of New York, the State of New York, the United States of America, or under any applicable international convention.
• Publishing any material via bway.net that violates any applicable copyright, patent or trademark law or convention.
• The use of electronic distribution lists or other mass electronic mailings. Such use will result in immediate cancellation and a $500 per incident cleanup fee.

Bway TOS Addendum Regarding WiFi Sharing

Acceptable Use Policy for WiFi Sharing

(Bway.net standard ToS applies to this service.)

Bway.net clients are allowed to share their broadband Internet access connection with the general public, by participating in NYCWireless or other communities using WLANs via the 802.11 protocol, if they comply with the following additional conditions:

1. Clients must notify Bway.net of their participation, in order to insure proper settings and security procedures. Please send email to dsl@bway.net to notify us of your participation.
2. Client is ultimately responsible for any ToS or AUP violations by public users on client’s connection (i.e. spamming, hacking, etc.). Bway.net reserves the right to suspend or discontinue service if violation persists.
3. Client is also responsible for security of his/her own network and computers.

Miscellaneous

In order to guarantee the integrity of client data, we recommend downloading all mail from our mail server and backing up web pages and other files stored on our server.

The user is responsible for all local and long distance telephone charges for connecting to bway.net (legacy dialup services).

Non-enforcement or waiver of any section of this agreement does not constitute consent or continuing waiver and bway.net reserves the right to enforce this agreement at its sole discretion.

Accounts of subscribers filing for or adjudged bankrupt, insolvent or engaged in winding up will be terminated immediately upon notice of such status.

Bway.net is under the jurisdiction of the laws of the state of New York and this agreement shall be governed by the laws of the State of New York and is subject to the jurisdiction of the courts of the State of New York.

If any paragraph or part of this agreement is held to be unenforceable or invalid, the agreement shall remain in force and effect and the invalid portion of the agreement shall be treated as if omitted.

This agreement shall be made part of but shall survive any other account or subscription agreement entered by the parties hereto, unless otherwise specified. We reserve the right to amend our rules, regulations and prices without prior notice. Whenever possible such shall be posted 30 days in advance on this website, or in the event of a material rule, policy or price change, via email or snail mail. Please check our prices page for applicable account details.

That’s it, have fun!

Any questions? tech@bway.net