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You
are responsible
for abiding by the rules set forth in the paragraphs
below. Any violation of the terms set forth below may result in
immediate suspension and/or termination of all services currently
being provided.
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As
an Internet service provider ("ISP"), we offer our
customers the means to acquire and disseminate a wealth of public,
private, commercial and non-commercial information. We also want our
customers to be fully informed of their rights and obligations --
and ours -- in connection with their use of the Internet. This
Network Access Policy, which supplements and explains certain terms
of each customer's respective services agreement (the "Services
Agreement"), is intended as a plain English guide to those
rights and obligations.
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The
fundamental fact about the Internet is that no one --neither us, nor
anyone else -- owns or controls it. This fact accounts for much of
the Internet's openness and value, but it also places a high premium
on the judgment and responsibility of those who use the Internet,
both in the information they acquire and in the information they
disseminate to others. When customers obtain information through the
Internet, they must keep in mind that we cannot monitor, verify,
warrant or vouch for the accuracy and quality of the information
that customers may acquire. For this reason, the customer must
exercise his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet, and will not
attempt to do so, we cannot accept any responsibility for injury to
our customers that results from inaccurate, unsuitable or offensive
Internet communications.
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When
customers disseminate information through the Internet, they also
must keep in mind that we do not review, edit, censor or take
responsibility for any information our customers may create. This
places on customers what will be, for most, an unfamiliar
responsibility. When users place information on the Internet, they
have the same liability as other authors for copyright infringement,
defamation and other harmful speech. Also, because the information
they create is carried over our facilities and may reach a large
number of people, including both customers and non-customers of
ours, customers' postings to the Internet may affect other customers
and may harm our goodwill, business reputation and operations. For
these reasons, customers violate our policy and the Services
Agreement when they, their affiliates or subsidiaries engage in the
following activities:
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Spamming
-- Unsolicited, commercial mass e-mailing (known as
"spamming") is a strongly disfavored practice among
Internet users and service providers. It is particularly harmful not
only because of its negative impact on consumer attitudes toward us,
but also because it can overload our equipment and disrupt service
to our customers.
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Copyright
Violation -- Violation of copyrights held by individuals
and corporations or other entities can result in civil and criminal
liability for the infringer, and can involve the ISP in litigation
and possible loss of reputation.
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Distribution
and/or Transmission of Obscene or Indecent Speech or Materials --
Violation of indecency and obscenity laws can result in criminal
penalties and can be prosecuted on a state by state or even county
law basis but probably won't unless you are really slime.
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Defamation
-- Defamatory speech distributed over the Internet can result in
civil liability for the defamer and litigation against the ISP whose
facilities were used to distribute the defamatory material.
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Illegal/Unauthorized
Access to Other Computers or Networks -- The illegal or unauthorized
accessing (often known as "hacking") of computers or
networks carries potential civil and criminal penalties under both
federal laws and the laws of most states.
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Distribution
of Internet Viruses, Worms, Trojan Horses and Other Destructive
Activities -- Distribution of Internet viruses, worms, Trojan horses
and other destructive activities, such as hacking, can result in
serious civil and or criminal liability under federal and state law.
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Export
Control Violations -- The law limits the ability of
persons to export encryption software, over the Internet or
otherwise, to points outside the United States.
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Other
Activities, whether lawful or unlawful, that we determine to be
harmful to our customers, operations or reputation, including any
activities that restrict or inhibit any other user from using and
enjoying the service or the Internet.
As we have pointed
out, the responsibility for avoiding the harmful activities just
described rests primarily with the customer. We will not, as an
ordinary practice, monitor the communications of our customers to
ensure that they comply with our policy or applicable law. When we
become aware of harmful communications, however, we may take any of a
variety of actions. We may remove information that violates our
policies, implement screening software designed to block offending
transmissions, or take any other action we deem appropriate, including
termination of a customer's contract with us.
We
also are aware that many of our customers are, themselves, providers
of Internet services, and that information reaching our facilities
from those customers may have been originated by customers of those
customers or other third parties. We do not require our customers who
offer Internet services to monitor or censor transmissions created by
customers of its customers. At the same time, customers who knowingly
transmit materials that violate law or our policy are, themselves, in
violation of our policy. Similarly, we anticipate that customers who
offer Internet services will cooperate with us in any corrective
action that we deem necessary, in order to correct and prevent the
transmission of material that is harmful to us or our customers.
Failure to cooperate with such corrective and preventive measures is a
violation of our policy.
We
also are concerned with the privacy of on-line communications. In
general, the Internet is neither more nor less secure than other
common communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, we urge our customers
to assume that all of their on-line communications are insecure.
We
can not take any responsibility for the security of communications
transmitted over our facilities. We will comply fully, however, with
all applicable laws concerning the privacy of our customers' on-line
communications. In particular, we will not intentionally monitor or
disclose any private electronic mail messages sent or received by our
customers unless required to do so by law. We may, however, monitor
our service electronically to determine that our facilities are
operating satisfactorily. Also, we may be required to disclose
information transmitted through our facilities in order to comply with
court orders, statutes, regulations or governmental requests. Finally,
we may disclose information transmitted over our facilities where
necessary to protect us and our customers from harm, or where such
disclosure is necessary to the proper operation of the system.
We
expect that our customers who provide Internet services to others will
comply fully with all applicable laws concerning the privacy of
on-line communications. A customer's failure to comply with those laws
will violate our policy. Finally, we wish to emphasize that in signing
the Services Agreement, customers indemnify us for any violation of
the customer of the Services Agreement, or of law or corporate
policies, that results in loss to us or the bringing of any claim
against us. This means that if we are sued because of activities of
the customer that violate any law, the Services Agreement or this
policy (which is part of the Services Agreement), the customer will
pay any damages awarded against us, plus costs and reasonable
attorneys' fees.
my
PRIVACY
POLICY
We
hope this Policy Statement is helpful in clarifying the obligations of
Internet users, including us and our customers, as responsible members
of the Internet. Complaints about violators of our policies should be
referred to me, bob@rth1.com
Each complaint will be sniffed out by my dog Kobe, and if not
him then the cat (he died) or one of his friends for sure. And hey, if
you walk around naked... well what did you expect.
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