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Table
of Contents
| INTRODUCTION: |
| The main purpose of
ByteSite
is to provide access to the Internet for its subscribers through its
various service types. It is the intention of ByteSite to
allow its subscribers that access with minimal or no
interference |
| In a multi-subscriber environment such as
ByteSite, the actions of a single subscriber may have a
severe impact on other customers' abilities to access the Internet. It is
not uncommon for an Internet Service Provider (ISP) to be blocked from use
of another organization's systems due to repeated misuses of that ISP's
resources. As we feel that this would be grossly unfair to our many
subscribers, ByteSite has adopted these Acceptable Use
Policies.
They are intended to provide guidelines on what
ByteSite constitutes inappropriate use of the access to the Internet
and alert our subscribers to whatever actions we may be forced to take,
with or without notice, should we become aware of the inappropriate use of
this service.
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ByteSite
recognizes that many
of the individual components of the Internet have other specific
guidelines for use. The preservation of ByteSite's
technical resources, the continuation of its high quality service to its
customers, the compliance with existing laws and regulations, and the
protection of ByteSite's reputation as a service provider
compel us to enact the Acceptable Use Policies detailed below.
These
guidelines will be enforced when dealing with complaints from the Internet
community to determine when action should be taken. All ByteSite
subscribers and advertisers are expected to follow these
policies.
|
ACCESS TO
BYTESITE
INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS
AND CONDITIONS: |
I.
Warranties / Disclaimers: |
| The
ByteSite Internet service
is provided on an "as is, as available" basis. While our intention is to
provide more than adequate bandwidth to support our subscriber base, no
warranties, express or implied, including, but not limited to, those of
merchantability or fitness for a particular purpose, are made with respect
to ByteSite or any information or software therein.
ByteSite
shall have no liability or responsibility for
any direct, indirect, incidental, or consequential damages suffered by you
in connection with your use of or inability to use the ByteSite
services including, but not limited to, damages from loss of
data resulting from delays, non-deliveries, misdeliveries, service
interruptions, or the inadvertent release or disclosure of information
sent by you even if the same is caused by ByteSite's own
negligence.
ByteSite further specifically 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 through ByteSite
services. In no event shall ByteSite's
aggregate liability exceed the amount paid by you to ByteSite
for ByteSite services. Use of any
information obtained via ByteSite's Internet service is
at the user's own risk.
ByteSite specifically disclaims
any responsibility for the accuracy, safety, or quality of information
obtained through its services.
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II.
Security: |
| The subscriber is responsible for all use of
subscriber's account(s), confidentiality, safety of password(s), and
ensuring file protections are set correctly. ByteSite
retains the right to suspend access or change access to subscriber's
account(s) immediately upon notification by subscriber that subscriber's
password has been lost, stolen, or otherwise compromised.
ByteSite
Internet is not liable for the consequences of any usage of
compromised accounts prior to ByteSite making the
necessary account alteration. No computer system should be considered safe
from intrusion, although electronic mail (e-mail) on this system is as
private as we can make it. E-mail should not be considered a secure means
of communication even if encrypted (which is only as secure as the
encryption method utilised).
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III. Personal Files: |
|
ByteSite
is not responsible
for subscriber's personal files residing on ByteSite.
ByteSite reserves the right to delete subscriber's
personal files after one or both parties terminate the service agreement
between ByteSite and subscriber. |
IV.
Non-Transferability of Account: |
| The right to use
ByteSite's
Internet service is not transferable, being expressly limited to the
individual or business whose name appears on the account. |
V.
Network Address Ownership: |
| Any network address assignments issued by
ByteSite (i.e., IP address) are the property of
ByteSite and are assigned dynamically. In the event
service with ByteSite is discontinued for any reason,
such addresses will revert to ByteSite. The network
addresses are assigned on a per session basis and are designed to allow
for Web Surfing. This design/assignment of network addresses could effect
(not allow) some games/services (IRC, CU-See Me, web page hosting) that
require a fully qualified address. |
VI.
Compliance with all Laws: |
Subscriber 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, Australia/National., or international law or regulation is
prohibited;
- that any material to be reproduced or
transmitted on ByteSite's service through subscriber's account(s) does not violate or infringe any patent, trademark,
copyright, statutory, common law, or proprietary rights of
others;
- that such material as might be reproduced or
transmitted on ByteSite's service through his/her
account does not contain anything obscene, libelous, or threatening.
Subscriber agrees software intended to facilitate any such violations or
infringements may not be stored on ByteSite;
- at
ByteSite's discretion,
not to use ByteSite services or accounts for
inappropriate usage; and
- subscriber shall defend, indemnify and hold
harmless ByteSite from and against any claims,
liabilities and expenses, including reasonable attorneys' fees,
resulting from subscriber's use of the ByteSite service
or subscriber's account(s) in an unlawful manner or otherwise in
violation of or contrary to subscriber's Agreement with ByteSite
or ByteSite's Acceptable Use
Policies.
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VII.
Acceptable Conduct: |
The following usage of
ByteSite
resources is deemed acceptable under the terms of
service:
- usage for private personal
communications;
- usage for public communications as suggested
by the charters of USENET newsgroups, and the well-known guidelines
generally accepted by the users and news administrators of
same;
- usage for research or educational purposes;
and
- usage for data communications in accordance
with applicable laws.
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VIII. Unacceptable Conduct: |
The following types of conduct are grounds for
immediate suspension of service pending investigation by ByteSite
and may result in termination of the account(s) determined to
have originated this conduct. In addition, ByteSite
reserves the right, where feasible, to implement technical blocks to
multiple postings by a ByteSite subscriber as described
in (A), (B), (C), and (F) below before such postings are
forwarded:
- violation of any applicable local, state,
federal, or international laws;
- posting identical or substantially similar
articles to an excessive (more than 10) number of newsgroups or
continued posting of articles which are off topic for a newsgroup
(according to the newsgroup charter or which provoke complaints from the
regular readers of the newsgroup for being off topic). ByteSite
will apply a charge of $0.05 per copy for misposted USENET
articles;
- sending unsolicited mass (to more than 15
users) e-mailings which provoke complaints from the recipients. Any
subscriber who perpetrates such unsolicited non-commercial mass
e-mailings shall be subject to a $1,000 service charge, payable to
ByteSite. Unsolicited commercial advertisements are not
allowed in e-mail. ByteSite will apply a charge of $150
per user for unsolicited commercial e-mail;
- engaging in either (a) or (b) from a
provider other than ByteSite while using an account on
ByteSite as a mail drop for responses, or to draw
attention to a web site housed within ByteSite's
networks;
- continued harassment of other individuals on
the Internet after being asked to stop by those individuals and by
ByteSite;
- mail bombing (the transmission of large
volumes of unsolicited e-mail to individuals or to individual business
accounts);
- impersonating another user or otherwise
falsifying one's user name in e-mail, USENET postings, on Internet Relay
Chat (IRC), or with any other Internet service;
- privacy violations: Any attempt to gain
access to any other system or users' private data without express
consent of the user. Such attempts include, but are not limited to,
tricking other people into releasing their passwords, password cracking,
and security hole scanning;
- use of IRC 'bots or
clone bots on
ByteSite. An IRC 'bot is a program which runs and is
connected to an IRC server 24 hours a day, automatically performing
certain actions;
- use of programs or methods that trick our
systems from disconnecting an inactive user after a pre-determined
amount of time (or on deactivation of the Ad Bar), and/or a program that
connects or re-connects the user's session automatically and without
his/her manual intervention;
- network unfriendly activity. Any attempt to
interfere with the regular workings of ByteSite's
systems or network connections or which adversely affect the ability of
other people or systems to use ByteSite services or the
Internet, including, but not limited to:
- 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 ByteSite system;
- any use of this or any other
ByteSite
system as a staging ground to disable other
systems.
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IX.
Right to Disconnect Nondedicated Accounts: |
|
ByteSite
unlimited
access dial-up connections are not intended to be full-time
dedicated connections and may be disconnected after 15 minutes of
inactivity or after four (4) hours of continuous use. Subscriber agrees
not to use any automatic method to avoid disconnection, to keep the
connection active only when the subscriber is actively using it, and not
to provide public information services over the connection.
ByteSite
Internet reserves the right to impose a restriction on accounts deemed
by it to be in violation of these conditions.
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X.
Excess Utilization of System or Network Resources: |
|
ByteSite
flat rate/unlimited
access services are subject to fair use to ensure an enjoyable
internet experience for all subscribers. Where ByteSite
determines that excessive utilization adversely affects ByteSite's
ability to provide service for all subscribers this may result
in immediate action to relieve the problem. In that event, the subscriber
will be notified as soon as is practicable. |
XII.
Monitoring / Privacy: |
|
ByteSite
reserves the right
to monitor any and all communications through or with CAIS facilities.
Subscriber agrees that ByteSite 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 ByteSite employees
to examine system accounting logs and other records to determine if
privacy violations or other network unfriendly activities have occurred.
ByteSite
also reserves the right to access a subscriber's
mailbox or other files stored on ByteSite systems to
resolve system problems or mail system errors.
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XIII. Cooperation with Authorities: |
|
ByteSite 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 copyrighted material, postings, or e-mail containing
threats of violence or other illegal activity. |
XIV.
Confidentiality of Personal Subscriber Information: |
|
ByteSite will not release a
subscriber's personal subscriber information, nor a subscriber's billing
information to any third party except upon presentation of a valid court
order of a government or entity within our jurisdiction. Subscriber agrees
that ByteSite's judgment as to the validity of any court
order of subpoena shall be considered proper and final. |
XV.
Right to Suspend or Cancel Account: |
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ByteSite reserves the right
to suspend or cancel service to a subscriber at any time and without
notice for any reason including, but not limited to, refusal or failure to
pay for services provided or by sole judgment of ByteSite
that the subscriber may be performing activities harmful to ByteSite
or its subscribers, employees, vendors, business
relationships, or any other users of the Internet. |
XVI.
Right to Damages: |
|
ByteSite reserves the right
to collect damages (software, hardware, and man hours) if any harm is done
to ByteSite which requires repair or reconfiguration of
any kind. |
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XVII. Other Remedies / Non-Waiver: |
| Nothing contained in these policies shall be
construed to limit action ByteSite may take or remedies
available to ByteSite in any way with respect to any of
the described conduct.
ByteSite reserves the right to
take any additional actions ByteSite 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 ByteSite service, and levying
cancellation charges to cover ByteSite's costs in the
event of disconnection of dedicated access for the causes outlined above.
In addition, ByteSite reserves at all times all rights
and remedies available to ByteSite with respect to such
conduct at law or in equity. Non-enforcement of any policy or rule herein
does not constitute consent or waiver, and ByteSite
reserves the right to enforce such policy or rule at its sole
discretion.
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XVIII. Right to Change Service: |
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ByteSite reserves the right
to change without notice the ByteSite service, including,
but not limited to, access procedures, hours of operation, menu
structures, commands, documentation, vendors, and services
offered. |
XIX.
Right to Modify Acceptable Use Policies: |
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ByteSite may modify its
Acceptable Use Policies upon notice published on line via ByteSite
's web page. Subscriber's use of ByteSite
services after such notice shall constitute subscriber's acceptance of the
modifications to these policies. |
XX.
Telephone Charges (POP) Local Dial-in Errors Policy |
| It is the responsibility of the subscriber to
verify with their local telephone company their correct access number to
insure a local connection
ByteSite
assumes no liability
for Telephone charges incurred by users for incorrectly entering a local
access number in their computer. ByteSite does not pay for the
cost of connecting to our POPs under any circumstances. In addition,
ByteSite will not reimburse customers for Telephone
charges under the following conditions:
failure to adequately install our software
product;
improperly entering the local access
number;
- improperly obtaining a local access number
from the Readme File or the ByteSite technical support
pages;
- improperly obtaining a local access number
from Customer Service or any other ByteSite
employee;
- improperly obtaining a local access number
from the technical insert provided with the software upon receipt of the
product.
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