Birchmore Communications Group / Birchmore.net Acceptable Use Policy


Birchmore Communications Group is an interactive online service provider of Internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of Birchmore Communications Group. Subscriber henceforth agrees to compliance with all terms of service use.


The relationship between the subscriber and Birchmore Communications Group is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, Birchmore Communications Group reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by Birchmore Communications Group regarding this agreement at all trial and appellate court levels.


Questions regarding acceptable use of Birchmore Communications Group should be sent to . Unauthorized use of Birchmore Communications Group services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use or possession in one's account of programs in order to interfere with Birchmore Communications Group’s network, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; or, placing files containing commercial software in file areas accessible by the public. Subscriber shall not allow unauthorized connections to Birchmore Communications Group, unauthorized reselling of Birchmore Communications Group, or the solicitation of Birchmore Communications Group’s users to become subscribers to other online service providers in competition with Birchmore Communications Group, nor shall the subscriber make any unauthorized copies or duplications of any Birchmore Communications Group material, advertising, forms, brochures, pamphlets and the like which is the property of Birchmore Communications Group. Any subscriber attempting to harm or cause damage to Birchmore Communications Group equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair any damage they may have caused. Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the discretion of Birchmore Communications Group.


A standard Birchmore Communications Group dial up account provides access to browse the Internet, and should only be connected when a user is actively using the Internet. A standard Birchmore Communications Group dial up account shall not be used to run a server providing an information service over a user's dial up connection such as an FTP or WWW server. A connection held for extended periods of time by automated methods or server software are in violation of this Policy, and will have their connection terminated or account suspended. Although an Unlimited Birchmore Communications Group dial up account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection will automatically be disconnected after eight (8) consecutive hours of connectivity. “Unlimited” access does not mean “Dedicated” access. Subscribers may not use any automatic methods to avoid inactivity disconnect. Birchmore Communications Group reserves the right to bill subscribers the dedicated rate for continued abuse. Birchmore Communications Group may take any one or more the following actions in response to violations of this Acceptable Use Policy: Issue written or verbal warnings .Suspend the customer's account .Terminate the customer's account .Deny the customer future service .Bill the customer for administrative costs and/or reactivation charges, as appropriate.


Birchmore Communications Group offers free technical support to assist customers with the setup and configuration of Birchmore Communications Group Internet accounts (Dial Up & E-Mail). The customer must confirm with their local telephone provider that calling any access number is a local call. Birchmore Communications Group is not responsible for any long distance charges incurred. Birchmore Communications Group phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. Other support services may require an hourly fee, please see our rates and services page for more information on our fees. Customers may also receive E-Mail based technical support from support@birchmore.net. E-Mail messages are answered based on priority and most messages will be responded to within 12 hours after receipt. Birchmore Communications Group does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our services provided to the client directly. Birchmore Communications Group Technical Support is unable to provide support for "alpha", "beta" or pre-release software. Birchmore Communications Group Technical Support is only able to provide technical support for products or services sold directly by Birchmore Communications Group. Birchmore Communications Group is not responsible for the performance of services provided by organizations outside of Birchmore Communications Group: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by Birchmore Communications Group, the operation or reliability of any Internet server or computer not owned or operated Birchmore Communications Group.


All new services provided by Birchmore Communications Group will be billed one month in advance and will include all applicable local, State and Federal taxes. Any additional hourly charges or single-use special charges will be billed during the following invoice cycle. Credit card authorized payments will be billed in the same manner. Payments not received within 30 days of invoicing will be subject to a 1.5% financing charge. Birchmore Communications Group reserves the right to terminate or discontinue service at any time.


A returned check charge of $25.00 will be incurred for all returned checks.


A minimum payment of one (1) month will be assessed on all new accounts. The subscriber is responsible for choice of service and payment remittance.


Billing disputes with Birchmore Communications Group may be sent to the Billing Department via E-Mail at billing@birchmore.net. You may also contact the billing department by phone at 407.660.8464. Termination of service does not nullify payment amounts incurred prior to termination. Agreements or contracts on a basis other than monthly (yearly, quarterly, etc.) can be canceled via U.S. Postal Mail or by fax at 407-647-5505.


Charges are not prorated if you choose to cancel your account prior to the end of your billing period. You may elect to have your account closed at the end of the current billing cycle. All cancellations must be faxed to 407-647-5505 or sent via U.S. Postal Mail.


Birchmore Communications Group service provided is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Birchmore Communications Group expressly disclaims any representation or warranty that Birchmore Communications Group service will be error-free, secure or uninterrupted. No oral advice or written information given by Birchmore Communications Group, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason. Under no circumstances, including negligence, will Birchmore Communications Group, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Birchmore Communications Group service, including but not limited to reliance on any information obtained on Birchmore Communications Group service; or that result from mistakes, omissions, interruptions, deletion of files or E-Mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Birchmore Communications Group records, programs or services. You hereby acknowledge that this provision will apply whether or not Birchmore Communications Group is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from Birchmore Communications Group or its affiliates. The terms of this section shall survive any termination of this agreement.


Birchmore Communications Group reserves the right to modify this policy at any time and without advance notice.