CORPORATE INFORMATION, PRIVACY & USE POLICY STATEMENT
Corporate Mailing Information:
David H Hoyt & COS., Inc.
PO BOX 250
Accord, MA 02018
ACKNOWLEDGMENT AND ACCEPTANCE OF USE OF WEBSITE AND TERMS OF SERVICE AND PRIVACY POLICY
The Hoyt.Net and Hoyt.com Subscription Internet Service ("Subscription"),operated by David H Hoyt & COS., Inc..
("Hoyt"), is provided to you ("Subscriber") under the terms and conditions of this Hoyt Terms of Service (TOS) and
any operating rules or policies that may be published by Hoyt/Hoyt, herein referred to as Hoyt or Hoyt
interchangeably. The TOS comprises the entire agreement between Subscriber and Hoyt/Hoyt and supersedes all
prior agreements between the parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, AND/OR USING THE WEBSITE
AND/OR SERVICE, AND THESE PAGES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THESE TERMS OF SERVICE AND PRIVACY POLICY. SECURITY AND ENCRYPTION STATEMENT of
David H Hoyt & COS., Inc.
Customers seeking enhanced security in their data and personal transmissions and transactions must encrypt their data
via third party software such as PGP, SSH, and SSL in MS Internet Explorer and Netscape Communicator 128bit secure
browsers. The use of encryption currently prevents anyone but select law enforcement agencies from viewing your data.
Personal Privacy, Data Encryption, Security and Social Responsibility are the responsibility of the customer. *****
ENCRYPT DATA TO PREVENT EAVESDROPING AND LEAKING PERSONAL INFORMATION *****
David H Hoyt & COS., Inc. Terms of Service and Network Policy
1. David H Hoyt & COS., Inc. exercises no control whatsoever over the content of the information passing through over the
Internet or the Local or Wide Area Networks. David H Hoyt & COS., Inc. makes no warranties of any kind, (none) whether
expressed or implied, for the Internet access, service, or data the customer has sent or received. David H Hoyt & COS., Inc.
also disclaims any warranty of merchantability or fitness for a particular purpose. David H Hoyt & COS., Inc. is not responsible
for any damage you suffer. This includes loss of data (E-Mail, FTP, Web, |anything|) resulting from delays, non-deliveries,
mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information
obtained from the Internet is at your own risk. David H Hoyt & COS., Inc. specifically denies any responsibility or knowledge of
the accuracy or quality of information obtained through its services and the Internet.
2. The Internet may only be used for lawful purposes. Transmission of any material in violation of any U.S., State or
foreign laws or regulations is expressly prohibited. This includes, but is not limited to: copyright material, material legally
judged to be threatening, obscene, pornographic or material protected by trade secret or any law. You agree to indemnify
and hold harmless David H Hoyt & COS., Inc. (and its directors, executives, employees, agents, attorneys, accountants and
others from any claims resulting from your use of the service which damages you or another party.
3. On-Line Etiquette/Conduct: Customer and Customers end users are expressly prohibited from activities which would
disrupt or abuse the TCP/IP / Internet Services. Examples of prohibited conduct include: SPAMMING, HACKING, VIRUS
DIRSTIBUTION, OPEN RELAY, OPEN PROXY, WEB SERVING, FTP SERVING, WAREZ SERVING, PACKET FORGERY, ARP
SPOOFING, IDENTITY SPOOFING, IP SPOOFING, ICMP/IRC FLOODING, ATTEMPTING TO GAIN ENTRY INTO ANY Stowe
Telecom, LLC COMPUTER SYSTEM, MAILBOTS, IRC and PINGBOTS. IT IS EXPRESSLY AGAINST THE TERMS OF SERVICE
TO HOLD OPEN MODEM PORTS UTILIZING PROGRAMS or PROCESSES WHICH MAINTAIN CONNECTION TO THE
NETWORK WITH THE EXPRESS DESIGN OR INTENT TO KEEP A COMPUTER CONNECTED TO THE INTERNET. THE
SERVICE PROVIDES 'UNLIMITED PERSONAL USE', NOT 'dedicated service'. Subscribers are expected to utilize the
network for an amount of time reasonable for a home user while directly utilizing the keyboard. Users who SPAM, Spoof
or cause headaches will be immediately terminated, and a research fee plus costs to answer mail and inquiries about their
actions will be levied to their account immediately. Additionally, we will provide all possible assistance to any entity
harmed by your spamming/spoofing activity. This specifically includes revealing your personal information to aid any
criminal or civil action against you.
4. DISCUSSION: NETWORK PRIVACY, 3rd PARTY MONITORING SOFTWARE, SECURITY, DATA ENCRYPTION and BIG
BROTHER:
READ THIS WHOLE DISCUSSION
David H Hoyt & COS., Inc. reserves the right to electronically monitor any connection to the Internet originating or terminating
from its Network, (via raw packet sniffer and/or wire-tap (SS7/Trunk) due to ** CALEA **), and disclose any content,
records or electronic communication of any kind
(1) to satisfy any law, regulation or authorized governmental request; or
(2) to protect the rights or property of David H Hoyt & COS., Inc., its Customers, or Information Providers or Merchants. We are
also required to produce your CDR, Account Record and RADIUS Records to Law Enforcement upon request, without a
warrant.
(3) to aid any prosecution, criminal or civil, arising from use of David H Hoyt & COS., Inc. networks or equipment in violation of
this TOS.
3rd Party Ad Serving and Monitoring Software Reminder - The monitoring and disclosure activities of 3rd Party Internet
Software installed on many PC's may negate any privacy protections which the Customer would otherwise enjoy under
federal and state law, including the Electronic Privacy Communications Act. Customer acknowledges that their PC may be
installed such Monitoring Software and Customer understands they may be giving up privacy rights which they would
otherwise be entitled to under state, federal and other laws. Consumers are reminded to remove 3rd Party Software, such
as AOL, JUNO, EARTHLINK and many Free Internet and E-Mail providers, which often require proprietary software by
license (EULA). David H Hoyt & COS., Inc. does not require the installation of any data gathering, intelligence or push|pull
technologies. The Service is targeted for Personal Use Only. David H Hoyt & COS., Inc. does not sell or trade customer data.
Customers seeking enhanced security in their data and personal transmissions and transactions are encouraged to
encrypt their data via third party software such as PGP, SSH, and SSL in MS Internet Explorer and Netscape
Communicator 128bit secure browsers. The use of encryption currently prevents anyone (including David H Hoyt & COS., Inc.)
but select law enforcement agencies from viewing your data. We can not put enough emphasis on data encryption and
personal privacy. Please make sure you've taken steps to safeguard your personal data, and PC, when connecting to the
Internet. Personal Privacy is to responsibility of the customer. Button up your PC, remove 3rd Party Software, Install a
Personal Firewall, and read up on our Support Tickets and Help Page some of the pointers and tools we suggest you use
to ENCRYPT YOUR DATA AND PREVENT LEAKING PERSONAL DATA.
5. Any access to other networks connected to the Internet must comply with the rules appropriate for that other network.
Use of the Internet itself may be for any lawful purpose. Connectivity is provided for your personal use only, and resale or
other use of direct IP connectivity to other organizations or individuals is prohibited, unless noted in a separate contract.
6. David H Hoyt & COS., Inc. attempts to run an "open" system which allows customer access to a wide range of internet
offerings. David H Hoyt & COS., Inc. does not censor the content of newsgroups, but we do filter e-mail for SPAM, Virus and
Script Content, and it is up to each individual user to determine which newsgroups are appropriate for viewing and
participation. There are a number of tools which can allow Customers and end users to screen out unwanted material. It
is up to each individual to Site such available tools to screen for content.
7. David H Hoyt & COS., Inc. retains the right in its sole discretion not to carry on its Service "unlawful material" and further
Hoyt reserves the right to restrict access to any material which violates Hoyts Network Policy. Hoyt. will refuse
to connect to and will terminate any offending Service, in the event that offending material is created, offered or
encouraged by Customer or its End Users which is unlawful as determined by applicable international, federal, state or
local laws, regulations, or ordinances such Customer or end user account will be terminated. In addition, such Customer
account will be terminated if the Customer is found to have had any role in the creation, implementation, distribution,
posting or the like of such material. Such termination shall occur immediately and without prior notice. Whether the
Customer played any such role shall be determined exclusively by David H Hoyt & COS., Inc..
8. Payment is due monthly. Accounts are in default if payment is unable to be charged to your credit card, or debited
from your checking account. If your payment is returned to us unpaid, you are immediately in default and subject to a
service fee of $20 from us. Credit Cards which are declined by the bank incur a $1.50 charge per occurrence. Accounts
unpaid after due date may have their service interrupted. Such an interruption does not relieve you from the obligation to
pay the monthly charge. Only a written request to terminate your service (e-Mail is acceptable) relieves you of your
obligation to pay the monthly charge, and accounts will be rounded to the next calendar month. Accounts in default are
subject to 1.8% monthly interest. If you default, you agree to pay Hoyt its reasonable expenses, including attorney
and collection costs, incurred in enforcing its rights under these terms and conditions. It is the users responsibility to
notify Hoyt of address changes, Hoyt will from time to time make location specific announcements via e-Mail.
9. Billing for Hoyt service will commence when you click the submit button. Service is invoiced in advance, and ALL
billing notices will be sent to User via e-Mail at their Hoyt e-Mail address. The credit card of record will be debited
automatically approximately 1 day prior to the next billing cycle automatically. US Mail billing is an option for business
customers only. Users who have signed up for this subscription by mail or phone may cancel their service within the first
24 hours (requests after this period will not be honored) if they do not agree with these terms of service, and receive a
full refund, setup fee is normally non-refundable (any software sent to these users must be returned within 10 days or a
handling charge of $0 may apply.) Hoyt is a subscription service, and users are subscribers who must pay in full, in
advance for their subscription term. Refunds for unused portions of users subscriptions are given solely at Hoyt's
discretion. Hoyt reserves the right to change the rates by notifying you 30 days in advance of the effective date of the
change, and/or posting to this URL.
10. Customer Privacy- David H Hoyt & COS., Inc. will not sell, trade, or disclose to third parties any customer identifiable
information derived from the registration for or use of Hoyt.Net online services -- including customer names and
addresses -- without the consent of the customer (except as required by subpoena, search warrant, or other legal process
or in the case of imminent physical harm to the customer or others or as described in section 4 above). Hoyt may directly market users to inform Customers of other products available available through David H Hoyt & COS., Inc..
Please be advised and aware that David H Hoyt & COS., Inc. does ** NOT ** use other agents, contractors or companies to
perform telephone sales or support services on its behalf, David H Hoyt & COS., Inc. will ensure that the Company protects
your customer identifiable information consistent with this Policy. We do not sell, trade or barter customer data what-soever.
10A. E-MAIL SERVICE, USE OF IN-LINE, REAL-TIME VIRUS, SPAM and OTHER SCANNERS:
Recently, a number of poorly draft laws or legal codes, such as California Section 631 Criminal Code, which states that
any person or business who "in any unauthorized manner, reads, or attempts to read, or to learn the contents or
meaning of any message, report, or communication while the same is in transit."
With all due respect to the California Legislature, we disagree.
The subscriber expressly agrees to use this in-line and real-time scanning service. The 'subscriber' or 'end-user', expressly
agree that Hoyt may scan all inbound/outbound SMTP Messages, in 'real-time' or 'in-line' for Virus, SPAM,
RBL or other purpose that David H Hoyt & COS., Inc. deems necessary to maintain and operate the flow of SMTP traffic.
IF you, the subscriber, do not agree with this issue, (10A), you may NOT use the e-mail service and are hereby notified to
cease and desist all SMTP transfers immediately.
11. Special Offers: David H Hoyt & COS., Inc. may make available special offers and promotions. Unless specifically noted on
the promotion, offers and promotions are offered to new subscribers and new accounts only. Existing Hoyt subscribers
may add additional services from a promotion to their current account, after their existing subscription has expired, as
long as the offer is still valid.
12. Billing Disputes: Customers with questions about their bill are directed to the online ticket system. All billing disputes
are handled via the ticket system. Users who issue chargebacks or dispute credit card payment with their bank may be
permanently banned from the network. If you issue a chargeback, you will in no case be permitted to use a credit card
with our service. In no case will service be permitted without the full cost of the chargeback being returned to us.
13. Technical Support: Free support is available online only. Telephone support is strictly on a pay per call basis. All calls
are billed at $250/hour billed in per minute increments. Phone Support
charges are non-refundable. Your credit card will be billed immediately upon the completion of the call. If you pay by a
method other than credit card, you may be required to provide a credit card to receive telephone support. There are no
exceptions to this policy.
14. These terms and conditions supersede all previous representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order submitted. Use of Hoyts network constitutes
acceptance of these terms and conditions. Hoyt reserves the right to change these terms and conditions at any time
by posting to this URL.
15. Credit Card Processors of Record as of May 22, 2004 are David H Hoyt & COS., Inc., Authorize.Net, CardServices
International, Amexican Express and Discover Business Services.( Notice: Effective May 31, 2004 we will no longer
process the Discover-brand Credit Card). All correspondence with respect to debits and credits must be made in the form
of a written Support Ticket. Please go to URL http://www.Hoyt.com and click on Manage Account where you may
document your Billing Inquiry.
16. Cancel Method - Any customer at any time may go to URL http://www.Hoyt.com and click on Manage Account
and Login. On the Left, Click on CANCEL.
David H Hoyt & COS., Inc.
Updated May 28, 2005