Netscorp Acceptable Use Policy

The primary purpose of NetsCorp is to facilitate communication among the numerous computer networks that comprise what is commonly called the Internet. It is NetsCorp's intention to allow NetsCorp users complete access to everything the Internet has to of fer, with minimal or no interference.

Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for acceptable use. As the Intern et expands, it is increasingly common for an Internet Service Provider, such as NetsCorp, to be blocked from use of another organization's systems due to repeated misuses of that system's resources. Because NetsCorp runs multi-user systems, the actions of one NetsCorp Customer may have severe impact on another Customer's ability to use the system(s).
This is unfair to all NetsCorp users.

To this end, NetsCorp has developed an Acceptable Use Policy. Our intention is to provide a guide to NetsCorp users as to what constitutes inappropriate use of NetsCorp access to the Internet and t o inform our Customers what actions NetsCorp may take, with or without notice, in the event that NetsCorp becomes aware of inappropriate use of services. Acceptable Use standards will be utilized to assist NetsCorp system adminis trators to prioritize complaints from users of NetsCorp or other Internet-connected systems. Acceptable Use Standards will also determine when action must be taken to deter abuse. We expect that all NetsCorp users will follow the policies set forth herein. Protection of NetsCorp technical resources and our ability to continue to provide high quality service to our Customers, in compliance with existing state and federal laws and regulations, and the protec tion of Netscorp's reputation as a service proovider are all contributing factors to the policies outlined below.

Access To NetsCorp Internet Service Is Provided Subject To The Following Terms And Conditions:

1.
Warranties/Disclaimers: NetsCorp service is provided on an as is, as available basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to NetsCorp or any information or software therein. You release NetsCorp from and NetsCorp shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suf fered by you in connection with your use of or inability to use the services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclo sure of information sent by you even if the same is caused by NetsCorp's own negligence. Without limiting the generality of the foregoing, NetsCorp disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Netscorp services. In no event shall NetsCorp's aggregate liability exceed the amount paid by you to NetsCorp for the NetsCorp services. Use of any information obtained via NetsCorp's Internet service is at the user's own risk. NetsCorp specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2.
Security: The Customer is responsible for all use of Customer account(s) and confidentiality of password(s), and ensuring file protections are set correctly. NetsCorp will suspend access or change access to Customer's account(s) i mmediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. NetsCorp is not liable for any usage and or charges prior to NetsCorp making the necessary account alteration. Electronic mail on this system is as private as we can make it. NetsCorp Customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted , and even encrypted information is only as secure as the encryption method utilized.

3.
Personal Files: NetsCorp is not responsible for Customer's personal files residing on NetsCorp's Network. Customer is responsible for independent backup of Customer's data that is stored on NetsCorp. NetsC orp reserves the right to delete Customer's personal files after one or both parties terminates the service agreement between NetsCorp and Customer.

4.
Non-Transferability of Account: The right to use NetsCorp's Internet service is not transferable. Use of NetsCorp accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5.
Network Address Ownership: Any network address assignments issued by NetsCorp (i.e., Class C address space) are the property of NetsCorp and are considered to be loaned to its customers. In the event service with NetsCorp is discont inued for any reason, such addresses will revert to NetsCorp.

6.
Compliance with all Laws: Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or internat ional law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on NetsCorp's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprieta ry rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on NetsCorp's Network. Customer shall defend, indemnify and hold harml ess NetsCorp from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the NetsCorp service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with NetsCorp or NetsCorp's Acceptable Use Policies. At NetsCorp's discretion, NetsCorp may revoke Customer's access to NetsCorp services or accounts for inappropriate usage.

7.
Unacceptable Conduct: The following types of conduct are grounds for immediate suspension of service pending investigation by NetsCorp and may result in modification and/or termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, NetsCorp reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a NetsCorp Customer as described in (a) and (b) below before such postings are forwarded:

(a)
Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes compla ints from the regular readers of the newsgroup for being off-topic).

(b)
Attempting to cancel, supersede or otherwise interfere with email or USENET posts other than one's own.

(c)
NetsCorp accounts may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email.

(d)
Engaging in either (a) or (b) from a provider other than NetsCorp and using an account on NetsCorp as a mail drop for responses, or to draw attention to a web site housed within NetsCorp's networks.

(e)
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by NetsCorp.

(f)
Mail bombing, i.e., sending large volumes of Email to individuals or to individual business accounts.

(g)
Impersonating another user or otherwise falsifying one's user name in Email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of an onymous Emailer services.)

(h)
Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(i)
Use of IRC bots or clonebots on NetsCorp, whether on IRC servers controlled by NetsCorp or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatic ally performing certain actions.

(j)
Network unfriendly activity: Attempts to interfere with the regular workings of NetsCorp's systems or network connections or which adversely affect the ability of other people or systems to use Netscorp services or the Internet , including, but not limited to:

1.
any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other NetsCorp system

2.
any use of this or any other NetsCorp system as a staging ground to disable other systems

(k)
Submitting Chain Letters to Newsgroups or Sending Unsolicited Email.

(l)
NetsCorp's facilities or services are not to be used to host or distribute in any way material of a sexual, vulgar, or threatening nature.

8.
Right to Disconnect Non-Dedicated Accounts: NetsCorp unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 12-20 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. Users who average more than 8 hours of use a day on a continuous basis will be asked to curb their usage or upgrade to a dedicated account. NetsCorp reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

9.
Excess Utilization of System or Network Resources: NetsCorp account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limit s is included in the price for that type of Customer. In the event NetsCorp determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by Email. If the excess use continues for more than 48 ho urs after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by NetsCorp to adversely affect NetsCorp's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notifie d by Email as soon as practicable.

10.
Compliance with Rules of Other Networks: Any access to other networks connected to NetsCorp's Internet service must comply with the rules for that other network as well as with NetsCorp's rules.

11.
Monitoring/Privacy: NetsCorp takes your privacy and security very personally, which is why we've implemented several internal safeguards to ensure that you get day-in and day-out reliable Internet service. It is NetsCorp's policy N OT to monitor Email communications, except when we have to intervene to solve a Email delivery problem. NetsCorp, however, reserves the right to monitor any and all communications through or with NetsCorp facilities, to ensure the quality of our service t o you. Customer agrees that NetsCorp is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for NetsCorp employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. NetsCorp also reserves the right to access a Customer's mailbox or other files stored on NetsCorp systems to resolve system p roblems or mail system errors.

Your password: The password that you use for your account is only kept on our servers, in binary, which means we don't know what it is after it is set. In order to change your Email account to new a password, we have to remove yo ur account and re-start it with the new password. This gives you an extra level of privacy and security. Passwords will be changed only after customer identification has been verified.

12.
Cooperation with Authorities: NetsCorp reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyri ghted material, postings or Email containing threats of violence or other illegal activity.

13.
Confidentiality of Personal Subscriber Information: NetsCorp will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that NetsCorp's judgment as to the validity of any court order of subpoena shall be considered proper and final.

14.
NetsCorp's Right to Suspend or Cancel Account: NetsCorp reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for serv ices provided or by sole judgment of NetsCorp that the Customer may be performing activities harmful to NetsCorp or its Customers, employees, vendors, business relationships or any other users of the Internet.

(a)
Balances will be considered past due if payment has not been received 5-days from the invoice due date.

(b)
If an account balance is 60-days past due the balance will be sent to a Collections Agency whereby an additional $25 Collections fee will be assessed along with a $5 Handling Charge.

(c)
It is the sole responsibility of the Customer to provide NetsCorp with changes or updates in the Customer's billing status, phone or address changes and temporary or permanent termination of the Customer's service.

(d)
Refunds for terminated services pre-paid to NetsCorp for terms prior to the expiration of the NetsCorp service will result in a refund of the total amount paid for the service(s) less the time of service used based on Month-by -Month fees.

15.
Right to Damages: NetsCorp reserves the right to collect damages (software, hardware and man hours) if any harm is done to NetsCorp which requires repair or reconfiguration of any kind.

16.
Other Remedies/Non-Waiver: Nothing contained in these policies shall be construed to limit action NetsCorp may take or remedies available to NetsCorp in any way with respect to any of the described conduct. NetsCorp reserves the right to take any additional actions NetsCorp may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the NetsCorp service, and levying cancellation charges to cover NetsCorp's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, NetsCorp reserves at all times all rights and remedies available to NetsCorp with re spect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and NetsCorp reserves the right to enforce such policy or rule at its sole discre tion.

17.
NetsCorp's Right to Change Service: NetsCorp reserves the right to change without notice the NetsCorp service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

18.
NetsCorp's Right to Modify its' Acceptable Use Policies: NetsCorp may modify its' Acceptable Use Policies upon notice published online via NetsCorp. Customer's use of NetsCorp services after such notice shall constitute Customer's acceptance of the modifications to these policies.

Questions should be directed to support@netscorp.net.

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