| |
- Introductio
n
Vinet
Network's Acceptable Use Policy ("AUP") is
intended to help enhance the use of the Internet by
preventing unacceptable use. All users of vinet Network'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. Similarly, we do not exercise editorial
control over the content of any Web site, electronic mail
transmission, newsgroup, or other material created or
accessible over or through the Services, except for
certain proprietary Web sites. 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.
vinet Network 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 vinet Network account
or other actions as detailed in Section 3. This AUP should
be read in conjunction with our Internet Service Agreement
and other policies.
Violations of
Vinet
Network's Acceptable Use Policy
The
following constitute violations of this AUP:
-
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.
-
Harm to minors.
Using the Services to harm, or attempt to harm, minors
in any way.
-
Threats. Using
the Services to transmit any material (by email,
uploading, posting, or otherwise) that threatens or
encourages bodily harm or destruction of property.
-
Harassment. Using
the Services to transmit any material (by email,
uploading, posting, or otherwise) that harasses
another.
-
Fraudulent
activity. Using the Services to making 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."
-
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.
-
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.
-
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 vinet
Network's 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.
-
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.
-
Collection of
personal data. Using the Services to collect, or
attempt to collect, personal information about third
parties without their knowledge or consent.
-
Reselling the
services. Reselling the Services without vinet
Network's authorization.
-
Network
disruptions and unfriendly activity. Using the
Services for any activity that adversely affects the
ability of other people or systems to use vinet
Network 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.
-
News. vinet
Network 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.
Vinet
Network considers "multiposting" to 10 or more
groups within a two-week sliding window to be excessive.
vinet Network servers currently limit the number of
allowable "cross-posts" to 9.
Vinet
Network 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.
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. Members may not use
the Services on a standby or inactive basis in order
to maintain a connection. Pinging is expressly
prohibited. Accordingly, vinet Network maintains the
right to terminate any member's connection following
any extended period of inactivity as determined by
vinet Network.
Payment
Obligations of a Member
(a)
Members must (i) provide
Vinet
with
accurate and complete billing information including legal
name, address, telephone number, and credit card/billing
information, and (ii) report to Vinet
all changes to this information within thirty (30) days of
the change. Members are responsible for any charges to
their account.
(b) Members
having questions regarding charges to an account should
contact Vinet's
Customer Service Department at
(714)-418-1278.
All charges are considered valid unless disputed in
writing within sixty (60) days of the billing date.
Adjustments will not be made for charges that are more
than 60 days old.
(c) Charges
are billed to Members' credit cards or debit cards, as
applicable, each month for the basic service and any
additional usage or services.
Vinet
is
not responsible for any charges or expenses (e.g for
overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by Vinet.
(d) If
paying by check, payments are due within 7 days after the
renewal date in which the charges are incurred.
(e) If you
pay for Services through a prepayment plan, automatic
billing described above shall only apply to the charges
not paid for through the prepayment plan.
(f) If you
purchase Services through a reseller who in turns pays
Vinet,
the reseller must pay all amounts owing for your account.
If the reseller fails to pay Vinet
any amounts due-whether or not you have paid the
reseller-your account will be subject to suspension or
cancellation until you or the reseller has paid all
amounts due.
(g)
Delinquent accounts may be suspended or canceled at
Vinet's
sole discretion; however, charges will continue to accrue
until the account is canceled. Vinnet
may bill an additional charge to reinstate a suspended
account.
Member's
Account, Password, and Security
Upon
registration, Members receive a username, password, and
account designation. You and members of your household
or business, if you have purchased a business account,
are the only authorized users of your
Vinet
account
and must comply with this Agreement. You must keep your
password confidential so that no one else may access the
Services through your account. You must notify Vinet
immediately upon discovering any unauthorized use of your
account.
Using a
personal account for high volume or commercial use (e.g.,
revenue generation, advertising, etc.) is prohibited.
Email accounts exceeding 10MB in size may, at
Vinet's
discretion, be transferred to a compressed temporary file
or storage. Vinet
may delete the temporary file from the server 60 days
after notifying you. Any free Web site exceeding 20MB may
be suspended until the Member reduces the disk space usage
to 20MB or less or purchases additional megabytes. Any
free Web site exceeding 250MB of traffic will be billed
for excess traffic. You may establish a commercial or
high-volume account by calling
(714)-418-1218.
Members
agree not to use any automatic method to avoid inactivity
disconnect or to otherwise maintain a connection unless
actively using it. Members agree not to provide any public
information services over a dial-up connection.
Vinet
may change its POP numbers at any time. Vinet
reserves the right to direct Members to use certain
numbers to access the Service or to restrict use of
specific access numbers. Usernames, passwords and email
addresses are ViNet's
property and ViNet
may alter or replace them at any time.
Monitoring
the Services
Vinet
has no obligation to monitor the Services, but may do so
and disclose information regarding use of the Services for
any reason if Vinet, in
its sole discretion, believes that it is reasonable to do
so, including to: satisfy laws, regulations, or
governmental or legal requests; operate the Services
properly; or protect itself and its Members. Please see
our Privacy Policy. Vinet
may immediately remove your material or information from Vinet's
servers, in whole or in part, which Vinet,
in its sole and absolute discretion, determines to
infringe another's property rights or to violate our
Acceptable Use Policy.
Disclaimer
of Warranties and Limitation of Liability
Except
for certain products and services specifically
identified as being offered by
Vinet,
Vinet does not control
any materials, information, products, or services on the
internet. The internet contains unedited materials, some
of which are sexually explicit or may be offensive to you.
Vinet
has no control over and accepts no responsibility for such
materials. You assume full responsibility and risk for use
of the services and the internet and are solely
responsible for evaluating the accuracy, completeness, and
usefulness of all services, products, and other
information, and the quality and merchantability of all
merchandise provided through the service or the internet.
The
services are provided on an "as is" and "as
available" basis.
Vinet
does
not warrant that the services will be uninterrupted,
error-free, or free of viruses or other harmful
components. Vinet makes
no express warranties and waives all implied warranties
including, but not limited to, warranties of title,
non-infringement, merchantability, and fitness for a
particular purpose regarding any merchandise, information
or service provided through Vinet
or the internet generally. No advice or information given
by Vinet or its
representatives shall create a warranty. Vinet
and its employees are not liable for any costs or damages
arising directly or indirectly from your use of the
services or the internet including any indirect,
incidental, exemplary, multiple, special, punitive, or
consequential damages. In any event, Vinet's
cumulative liability to any member for any and all claims
relating to the use of the services shall not exceed the
total amount of service fees paid during a one year
period.
|