NexGenAccess ACCEPTABLE USE POLICY
INTERNET SERVICE AGREEMENT
1. INTRODUCTION
NexGenAccess'
Acceptable Use Policy ("AUP") is intended to help enhance the use
of the Internet by preventing unacceptable use. All users of NexGenAccess's
Internet services (the "Services")-those who access some of our
Services but do not have accounts ("Visitors"), as well as those
who pay a monthly service fee to subscribe to the Services ("Members")-must
comply with this AUP. We support the free flow of information and ideas over
the Internet and do not actively monitor use of the Services under normal
circumstances. We do block certain TCP and UDP and IP ports that we feel are
needed to protect our network. However,
we do not exercise editorial control over the content of any Web site, electronic
mail transmission, news group, or other material created or accessible over
or through the Services, except for certain proprietary websites. However,
in accordance with our Internet Service Agreement, we may remove any materials
that, in our sole discretion, may be illegal, may subject us to liability,
or which may violate this AUP. NexGenAccess may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime
or civil wrong. Your violation of this AUP may result in the suspension or
termination of either your access to the Services and/or your NexGenAccess
account or other actions as detailed in Section 3. This AUP should be read
in conjunction with our Internet Service Agreement and other policies.
2. VIOLATIONS OF
NexGenAccess'S ACCEPTABLE USE POLICY
The
following constitute violations of this AUP:
a. Illegal use. Using the Services to transmit any
material (by email, uploading, posting, or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national or
international law, or any rules or regulations promulgated hereunder.
b. Harm to minors. Using the Services to harm, or
attempt to harm, minors in any way.
c. Threats.
Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages bodily harm or destruction
of property.
d. Harassment. Using the Services to transmit any
material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent
activity. Using the
Services to make fraudulent offers to sell or buy products, items, or services
or to advance any type of financial scam such as "pyramid schemes,"
"Ponzi schemes," and "chain letters."
f. Forgery or
impersonation.
Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying information is prohibited.
The use of anonymous remailers or nicknames does not constitute impersonation.
Using deliberately misleading headers ("munging" headers) in news
postings in order to avoid Spam email address collectors is allowed.
g. Unsolicited
commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial
email or unsolicited bulk email. Activities that have the effect of
facilitating unsolicited commercial email or unsolicited bulk email whether or
not that email is commercial in nature are prohibited.
h. Unauthorized access.
Using the Services to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security measures of NexGenAccess'
or another entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion results
in the corruption or loss of data.
i. Copyright or trademark
infringement. Using
the Services to transmit any material (by email, uploading, posting, or
otherwise) that infringes any copyright, trademark, patent, trade secret, or
other proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software. NexGenAccess is registered under
the Digital Millennium Copyright Act of 1998.
j. Collection of
personal data. Using
the Services to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
k. Reselling the services.
Reselling the Services without NexGenAccess' authorization.
l. Network
disruptions and unfriendly activity. Using the Services for any activity that adversely affects
the ability of other people or systems to use NexGenAccess Services or the
Internet. This includes "denial of service" (DoS) attacks against
another network host or individual user. Interference with or disruption of
other network users, network services or network equipment is prohibited. It is
the Member's responsibility to ensure that their network is configured in a
secure manner. A Member may not, through action or inaction, allow others to
use their network for illegal or inappropriate actions. A Member may not permit
their network, through action or inaction, to be configured in such a way that
gives a third party the capability to use their network in an illegal or
inappropriate manner. If user’s system has been infected with a virus or other
malicious code it is UP TO THE USER to fix problem or be subject to the
consequences of disconnection without refund.
Please make sure you are protected from malicious code and viruses.
m. News. NexGenAccess Members should use their
best judgment when posting to any newsgroup. Many groups have charters,
published guidelines, FAQs, or "community standards" describing what
is and is not considered appropriate. Usenet can be a valuable resource if used
properly. The continued posting of off-topic articles is prohibited. Commercial
advertisements are off-topic in most newsgroups, especially regional groups not
specifically named for such. The presence of such articles in a group is not
indicative of the group's "intended" use. Please familiarize yourself
with basic Usenet netiquette before posting to a newsgroup.
NexGenAccess considers
"multiposting" to 10 or more groups within a two-week sliding window
to be excessive. NexGenAccess servers currently limit the number of allowable
"cross-posts" to 9.
NexGenAccess Members may
not cancel messages other than their own messages. A Member may cancel posts
forged in that Member's name. We may cancel any postings that violate this AUP.
n. Long Connections
and Multiple Logins.
Using a personal account for high volume or commercial use is prohibited. The
Services are intended for periodic, active use of email, newsgroups, file
transfers, Internet chat, games, and browsing the World Wide Web. Members may
stay connected so long as they are actively using that connection for the above
purposes and as long as they average less than 10 hours per day. Members may
not use the Services on a standby or inactive basis in order to maintain a
connection. Pinging is expressly prohibited. Accordingly, NexGenAccess maintains
the right to terminate any member's connection following any extended period of
inactivity as determined by NexGenAccess.
o. Exceeding Web Site
Size and Traffic Limitations. Some NexGenAccess Members receive free
web space for use with their NexGenAccess Internet access account. Each member's
free web space is allocated a certain amount of traffic per month (traffic is
calculated on a formula multiplying the number of hits that your site receives
by the size of your files). If a site exceeds its maximum monthly allotment of
traffic, the site may become unavailable until the beginning of the next
calendar month. A site that exceeds the NexGenAccess Member's maximum allotment in
size may also become unavailable. Unavailability includes but may not be
limited to the inability to access the site publicly or to publish to or modify
the site's contents via certain Web creation tools. More information about
appropriate use of the free member web space appears under Free Web space
Community Guidelines.
3.REPORTING VIOLATIONS
OF NexGenAccess'S AUP
NexGenAccess
requests that anyone who believes that there is a violation of this AUP direct
the information to Director-Abuse Department, at: abuse@nexgenaccess.com.
If available, please
provide the following information:
·
The
IP address used to commit the alleged violation
·
The
date and time of the alleged violation, including the time zone or offset from
GMT
·
Evidence
of the alleged violation
Email with full header
information provides all of the above, as do syslog files. Other situations
will require different methods of providing the above information.
NexGenAccess may take any
one or more of the following actions in response to complaints:
·
Issue
warnings: written or verbal
·
Suspend
the Member's newsgroup posting privileges
·
Suspend
the Member's account
·
Terminate
the Member's account
·
Bill
the Member for administrative costs and/or reactivation charges
·
Bring
legal action to enjoin violations and/or to collect damages, if any, caused by
violations.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
To report Internet Abuse, please send E-Mail to abuse@nexgenaccess.com and include a copy of any messages sent to/from the abuser.
NexGenAccess considers the use of any of NexGenAccess’ systems in a way that creates Internet Abuse System Abuse. NexGenAccesss system includes, and is not limited to, all computers in NexGenAccess' possession including routers.
System abuse is strictly prohibited. NexGenAccess may terminate service immediately and may bill for any resulting charges if the client engages in system abuse.
4. Spam Abuse
NexGenAccess Access Solutions and Affiliates Policy on Spamming. NexGenAccess and its affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (e-mail) packages and services, World Wide Web website hosting arrangements, and other online and Internet-related services.
It is contrary to NexGenAccess policy for any user of any of these services to effect or participate in any of the following activities through a NexGenAccess provided service:
1. To post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
2. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
3. To send unsolicited e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings could reasonably be expected to provoke complaints;
4. To falsify user information provided to NexGenAccess or to other users of the service in connection with use of a NexGenAccess service;
5. To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a NexGenAccess account, remailers, or otherwise through a NexGenAccess service or using a NexGenAccess account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect a NexGenAccess service;
6. Attempting to circumvent user authentication or security of any host, network, or account on NexGenAccess systems or the Internet at large ("cracking");
7. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
8. Forging email or USENET posting header information; sending large numbers of unsolicited mail messages (i.e. "junk mail");
9. Forwarding or posting "chain letters" (multiple forwarding) of any type;
10. Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose;
11. Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own;
12. Engaging in harassment, whether through language, frequency, or size of messages;
13. Using an account at another provider to promote an NexGenAccess Web site in an abusive manner;
14. Using a NexGenAccess account to collect replies to messages sent from another provider which violate these rules or those of that provider;
15. US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b)(1)(C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec.227(b)(3)(C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater.
NexGenAccess considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by NexGenAccess' terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to NexGenAccess services.
In addition, NexGenAccess reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, NexGenAccess' terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and NexGenAccess will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit NexGenAccess' actions or remedies in any way with respect to any of the foregoing activities, and NexGenAccess reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the NexGenAccess service, and levying cancellation charges to cover NexGenAccess' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, NexGenAccess reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. If you have any questions regarding this Policy on Spamming, please contact abuse@nexgenaccess.com
5. REVISIONS TO THIS
ACCEPTABLE USE POLICY
NexGenAccess
reserves the right to revise, amend, or modify this AUP, our Internet Service
Agreement and our other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted in accordance
with the Internet Service
Assignment.
NexGenAccess shall be entitled to assign this Agreement either
in whole or in part.
The User undertakes that he/she will not assign, re-sell, sub-lease
or in any other way transfer his/her rights or obligations under this
Agreement.
Rev. 08/02/2004