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The
internet is a community of users. Like all healthy communities,
rules provide an environment for life, liberty, and the
pursuit of happiness. Consequently, NetHere has developed
it's own rules which govern both how NetHere relates to
you as a customer, and how you interact with the larger
internet. We have attempted to minimize the legalese, and
apologize for any inconvenience. But, they allow us to provide
you with the best service, support and performance. Please
read the following agreements prior to the initiation of
your service and review this site from time-to-time for
updates.
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Rev.
6-3-1999
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Terms
and Conditions:
Your
agreement and acceptance of these Terms and Conditions or
use of NetHere Inc construes acceptance of these Terms and
Conditions and Acceptable Use Policy which supersede all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of
any order. NetHere Inc reserves the right to modify these
Terms and Conditions and Acceptable Use Policy and change
pricing and/or services at any time without notice.
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No
Warranties:
With respect to the services provided, unless outlined below,
NetHere Inc makes no warranties of any kind, whether expressed
or implied, including any implied warrantee or merchantability
or fitness of this service for a particular purpose. NetHere
Inc takes no responsibility for any damages suffered by Customer,
including, but not limited to, loss of data from delays, non
deliveries, mis-deliveries, or service interruptions caused
by NetHere Inc.'s own negligence or Customer's errors and/or
omissions.
It is a customer's responsibility to maintain their web pages.
NetHere Inc is not responsible for loss of data in regards
to web pages. The owner of the web page must keep a valid
copy of all web space material.
LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY;
LIMITATIONS ON NETHERE'S OBLIGATIONS AND LIABILITIES
A. NetHere offers a 30-day money-back guarantee on its dial-up
internet access product. If the Customer is not completely
satisfied with the product and cancels his/her account within
the first 30 days and has used the account less than a total
of five hours, he/she is entitled to receive a full refund
of any amount paid to NetHere, less any set-up or installation
fees.
B. To receive the refund the customer must notify NetHere,
via electronic mail, at guarantee@NetHere.com
of their service cancellation. This electronic mail must be
received by NetHere within 30 days of the account's creation.
NetHere will then confirm that the customer used the account
less than five hours, and if so, refund the amount to the
customer.
C. After the initial 30-day period or more than five hours
of use, services provided by NetHere to the Customer shall
be deemed accepted for all purposes. No claim related to such
accepted services may be raised at a later date.
D. NetHere's liability to Customer hereunder is limited to
the amount paid to and received by NetHere. NetHere will use
its best efforts to maintain performance, but NETHERE MAKES
ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. NETHERE CANNOT GUARANTEE CONTINUOUS
SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA
STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NETHERE NOR ANYONE
ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT
WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS
OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR
ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH
SERVICES, whether or not resulting from fault or negligence
on NetHere's part, even if NetHere has been advised as to
the possibility of such damages. Some jurisdictions may prohibit
certain disclaimers, so the above disclaimers may not apply.
Customer's local jurisdiction's laws will apply only to the
extent they override this agreement.
E. Customer will take all necessary measures to preclude NetHere
from being made a party to any lawsuit or claim regarding
NetHere services provided to Customer. Customer hereby agrees
to indemnify and hold harmless NetHere from any and all such
lawsuits or claims.
F. Refunds will only be applied to customers that have adhered
to all of the term and conditions outlined in NetHere's terms
and conditions and acceptable use policies outlined in the
subscriber agreement.
F. NetHere reserves the right to modify, amend or cancel this
guarantee at any time and may deny refund for cause at its
sole and absolute discretion.
Limited 99% Network Availability Guarantee; DISCLAIMERS OF
WARRANTY;
LIMITATIONS ON NETHERE'S OBLIGATIONS AND LIABILITIES
A. NetHere offers a 99% Network Availability Guarantee on
each of its dedicated Internet access products. If the Customer's
service is interrupted or does not meet the performance standards
of the product description for greater than 1% of the billing
period, the Network Availability Guarantee is applicable.
Please note that any outages or deficiencies that are the
result of the customer's actions do not constitute an outage
in terms of this guarantee. As part of its network management
and monitoring, NetHere will attempt to calculate any credits
on a real-time basis. Should the customer feel that NetHere
has missed a credit, they can then apply by sending an e-mail
to guarantee@nethere.com. NetHere must receive all claims
within 45 days of the close of the billing period in question.
B. Should a credit be applicable, NetHere determines the sum
of the outages (rounded up to the nearest whole hour) related
to server interruption. This figure is divided by 720 (NetHere's
total hours per billing cycle), to derive the percent of the
billing cycle that the service was impaired. The percentage
is then applied to the total monthly service charge to calculate
the account credit amount. The total credit is then applied
to the customer's account for the next billing period.
C. NetHere's liability to Customer hereunder is limited to
the amount paid to and received by NetHere. NetHere will use
its best efforts to maintain performance, but NETHERE MAKES
ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. NETHERE CANNOT GUARANTEE CONTINUOUS
SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA
STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NETHERE NOR ANYONE
ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT
WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS
OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR
ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH
SERVICES, whether or not resulting from fault or negligence
on NetHere's part, even if NetHere has been advised as to
the possibility of such damages. Some jurisdictions may prohibit
certain disclaimers, so the above disclaimers may not apply.
Customer's local jurisdiction's laws will apply only to the
extent they override this agreement.
D. Customer will take all necessary measures to preclude NetHere
from being made a party to any lawsuit or claim regarding
NetHere services provided to Customer. Customer hereby agrees
to indemnify and hold harmless NetHere from any and all such
lawsuits or claims.
E. Refunds will only be applied to customers that have adhered
to all of the term and conditions outlined in NetHere's terms
and conditions and acceptable use policies outlined in the
subscriber agreement.
F. NetHere reserves the right to modify, amend or cancel this
guarantee at any time and may deny refund for cause at its
sole and absolute discretion. |
USE
OF SERVICE & RESTRICTIONS:
This service may only be used in accordance with NetHere's
Acceptable Use Policy. You may not resell any account or service
provided to you by NetHere Inc. |
PRICING:
NetHere Inc reserves the right to change its pricing at any
time. If the customer is on a prepaid account, the customer
has the right to accept or deny the new rates. Should the
customer deny the new rates, NetHere Inc shall provide the
customer a prorated refund at current rates of any unused
time. |
PAYMENT POLICIES:
Automated credit card or check debit processing will be automatically
renewed on your Account expiration date, unless account is
cancelled 72 hours in advance of the expiration date. If cancellation
request has not been confirmed prior to 72 hours, NetHere
Inc is not responsible for auto processing charges, and customer
agrees to accept responsibility with bank or credit card company.
There is a $15.00 service charge for each returned check.
Delinquent accounts will be placed on "hold" and
may not be used until the account is brought up to date. Once
account is placed on "hold" NetHere Inc cannot guarantee
a users mail file will be unaffected. |
NON
RENEWALS: Non
renewed accounts that are unpaid after 14 days will be deleted.
Deleted/terminated accounts may be reinstated upon payment
of any outstanding charges. There will be a $10 reactivation
fee to reinstate a terminated account. Interruption of accounts
does not relieve you from past due charges. After termination
of account NetHere Inc does not guarantee reservation of previous
login. NetHere Inc is not responsible for loss of data in
regards to web pages. |
HAZARDS
OF THE INTERNET: You
understand that the Internet provides access to adult and
sexually explicit material, which may not be suitable for
minors and may be offensive to some users. In some cases,
computer viruses and other unwanted effects may result from
accessing the Internet. Assume that communications on the
Internet are not private. NetHere does not manage the activities
of its users. You are responsible to monitor and censor the
activity on your account. |
CUSTOMER CARE:
Setup
fee includes initial configuration only. If at any time you
need assistance in configuring your computer again, instructions
can be mailed to you at no fee or NetHere can help you reconfigure
your Internet connection for an additional setup fee to be
charged on your credit card only. |
INDEMNIFICATIONS:
NetHere Inc is not responsible for any
telephone charges incurred by dialing a number that is not
local to you.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO
LEGAL THEORY SHALL NETHERE OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF OR INABILITY TO USE NETHERE; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND NETHERE'S REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS
LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
NETHERE RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT NETHERE
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
In no event shall NetHere's total liability for all damages,
losses, and causes of action, whether in contract, tort, including
negligence, or otherwise, exceed the aggregate dollar amount
paid by subscriber to NetHere Inc under this Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF NETHERE IS
AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY NETHERE INC, ITS AGENTS, OR ITS EMPLOYEES
SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CERTAIN
SUBSCRIBERS.
THE ABOVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
ARE MATERIAL PARTS OF THE BARGAIN BETWEEN THE PARTIES AND
ARE REFLECTED IN SERVICE PRICING.
Subscriber agrees, at NetHere's request, to indemnify and
hold NetHere Inc harmless from any claims and expenses, including
reasonable attorneys' fees and expenses, related to Subscriber's
violation of this Agreement. |
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Acceptable
Use Policy |
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Important Note: This information is updated
often. Please make a habit of reviewing it from time to
time to stay abreast of acceptable as well as inappropriate
uses of your NetHere account.
INTRODUCTION:
When you open your NetHere account, you join two communities.
First is the community formed by our network and our customers;
the second community is the one made up of all networks
and users connected to each other to form the Internet.
Becoming a member of these communities gives you certain
rights and privileges, but also imposes certain duties and
responsibilities. NetHere has established an Acceptable
Use Policy in order to make these duties and responsibilities
more clear. This document is intended to provide a general
understanding of NetHere's Acceptable Use Policy. The following
factors guide the establishment and enforcement of NetHere's
usage policies:
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- Ensure
reliable service to our customers
-
Ensure security and privacy of our systems and network,
as well as the networks and systems of others
- Comply
with existing laws
- Maintain
our reputation as a responsible service provider
- Encourage
responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
- Preserve
the value of Internet resources as a conduit for free
expression and exchange of information
- Preserve
the privacy and security of individual user.
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NetHere
intends to provide its customers access to everything the
Internet has to offer. While NetHere is firmly committed to
the principles of free speech, certain activities are damaging
to the resources of both NetHere and the Internet and cannot
be permitted under the guise of free speech. The resources
of NetHere and the Internet are limited, and abuse of these
resources by one user has a negative impact on the entire
community.
We may not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
service.
If a NetHere account is used to violate the Acceptable Use
Policy, we reserve the right to terminate your service without
notice. We prefer to advise customers of inappropriate behavior
and any necessary corrective action. However, flagrant violations
of the Acceptable Use Policy may result in immediate termination
of service. Our failure to enforce this policy, for whatever
reason, shall not be construed as a waiver of our right to
do so at any time.
As a member of our network community, you must use your Internet
access responsibly. If you have any questions regarding this
policy, please contact us at support@NetHere.com. |
GENERAL
INFORMATION
Your
NetHere account provides you access to a vast collection of
networks and services around the world such as the World Wide
Web, electronic mail, and newsgroups. Your use of these services
is subject to the following policy. Violations of this policy
may result in termination of your account with or without
notice. In general, you may NOT use your NetHere account:
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- In
a manner which violates any law, regulation, treaty or
tariff;
- In
a manner which violates the rules, regulations and policies
of any network, server, web site, database or service
provider that you access through your NetHere account;
- In
a manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
- To
threaten, harass, abuse or intimidate others;
- To
damage the name or reputation of NetHere, its parent,
affiliates and subsidiaries;
- To
break security on any computer network, or to access an
account which does not belong to you; or
- In
a manner which interferes with other customers' use and
enjoyment of the services provided by NetHere.
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reserves sole discretion to determine whether any use of the
service is a violation of this policy. Guidelines for using
your account follows. This information is only a guideline,
and is not intended to be all-inclusive. |
ELECTRONIC
MAIL:
Your NetHere account gives you the ability
to send and receive electronic mail. Misuse of electronic
mail may result in termination of service. The following examples
are non-exclusive and are provided for your guidance.
You may not use your account to send unsolicited bulk or commercial
messages ("spam"). This includes, but is not limited
to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures,
and political or religious tracts. Such messages may only
be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other providers.
Forging, altering or removing electronic mail headers is prohibited.
You may not send numerous copies of the same or substantially
similar message, nor may you send very large messages or files
to a recipient, with the intent to disrupt a server or account
("mail bombing").
You may not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks
to stop receiving email, you must not send that person any
further messages.
You may not forward or otherwise propagate chain letters,
whether or not such messages solicit money or other items
of value, and whether or not the recipient wishes to receive
such mailings.
NetHere accounts may not be used to collect replies to messages
sent from another Internet service provider if those messages
violate this Acceptable Use Policy or the acceptable use policy
of the other service provider.
If you use the services of another provider to promote a web
site hosted by or through NetHere, then the provisions of
this Acceptable Use Policy shall apply to the methods used
to promote such site. |
NEWSGROUPS:
Your NetHere account gives you access to thousands of newsgroups.
These newsgroups allow you to read and post messages on a
variety of topics. Newsgroups may be moderated or un-moderated.
Newsgroups may also have a charter or a FAQ that describes
what subjects are appropriate for each newsgroup. Misuse of
newsgroups may result in the termination of your service.
NetHere provides an uncensored newsfeed. As such, NetHere
does not control the content of the newsgroups available to
you. NetHere believes that decisions about which newsgroups
and messages to read are best left to its customers. Screening
software is available from third parties, and it is your responsibility
to use such tools if desired. NetHere is not responsible for
the content of any newsgroup message, whether or not a NetHere
customer posted the message.
Messages posted to newsgroups must comply with the written
charters or FAQ's for those newsgroups. Advertisements, solicitations,
or other commercial messages should be posted only in those
newsgroups whose charters or FAQ's explicitly permit them.
You are responsible for determining the policies of a given
newsgroup before posting to it. If you are unable to find
a newsgroup's policy regarding commercial messages, you must
assume that such messages are not welcome.
You may not post or cross-post the same or substantially similar
message to more than 5 newsgroups. Continued cross-posting
can result in termination of service and the cancellation
of the message.
You may not post binary files to newsgroups not specifically
named for that purpose.
You may not post messages promoting pyramid schemes, "Make
Money Fast" (MMF) schemes, chain letters, or other schemes
to newsgroups. Doing so will result in immediate termination
of service.
You may not forge or remove header information. This includes
attempting to circumvent the approval process for posting
to a moderated newsgroup.
You may not solicit mail for any address other than your NetHere
account or service where doing so manifests an intent to harass
others.
You may not post messages for the purpose of threatening,
harassing or intimidating others.
You may not post messages that infringe on personal or property
rights of others (privacy rights or copyrights, for example).
You may not cancel messages other than your own, with the
exception of official newsgroup moderators performing their
duties.
NetHere does not censor or control content posted to a newsgroup.
As a user of our service, you are solely responsible for the
content that you publish. NetHere, upon receiving notification
that certain posts violate this policy, or any state or federal
law, or infringe on the trademarks or copyrights of another,
reserves the right to remove such posts from our news server
and to terminate your account. |
PERSONAL
HOME PAGE: Your account with NetHere
may provide a personal home page space. NetHere may not routinely
monitor the contents of your personal home page.
You are solely responsible for any information contained on
your personal home page. However, if complaints are received
regarding language, content or graphics contained on your
personal home page, NetHere may, at its sole discretion, remove
the personal home page hosted on NetHere servers and terminate
your personal home page service.
You may not use your personal home page site to publish material
that NetHere determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings,
and audio recordings.
Unlawful content is that which violates any law, statute,
treaty, regulation, or lawful order. This includes, but is
not limited to: obscene material; defamatory, fraudulent or
deceptive statements; threatening, intimidating or harassing
statements, or material which violates the privacy rights
or property rights of others (copyrights or trademarks, for
example).
Indecent content is that which depicts sexual or excretory
activities in a patently offensive matter as measured by contemporary
community standards.
Objectionable content is otherwise legal content with
which NetHere concludes, in its sole discretion, it does not
want to be associated in order to protect its reputation and
brand image, or to protect its employees, shareholders and
affiliates.
Examples of prohibited personal home page content:
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- Materials
which depict or describe scantily-clad and lewdly depicted
male and/or female forms or body parts, and which lack
serious literary, artistic, political or scientific value.
- Materials
which suggest or depict obscene, indecent, vulgar, lewd
or erotic behavior, and which lack serious literary, artistic,
political or scientific value.
- Materials
which hold NetHere including its affiliates, employees
or shareholders up to public scorn or ridicule.
- Materials
which encourage the commission of a crime; or which tends
to incite violence; or which tends to degrade any person
or group based on sex, nationality, religion, color, age,
marital status, sexual orientation, disability or political
affiliation.
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EXTRA
E-MAIL BOXES:
Your account with NetHere may provide an extra
E-mail box(es). All provisions of the Acceptable Use Policy
apply to your use of extra E-mail boxes; in particular, please
note the Electronic Mail, Newsgroups, and Security
section of this policy. Misuse of extra E-mail boxes may result
in the termination of your account.
As the primary account holder, you are responsible for all
account activity. If a Secondary mailbox or mailbox alias
is involved in a violation of the Acceptable Use Policy, your
account, including all Secondary mailboxes and mailbox aliases
may be terminated. A terminated account will result in lost
e-mail and Internet access for all users of your account.
Therefore, it is important that you make sure everyone you
allow to use your account or a Secondary mailbox or mailbox
alias understands all terms of this Acceptable Use Policy
and the consequences of violations. |
SECURITY:
You are responsible for any misuse of
your account, even if a friend, family member, guest or employee
committed the inappropriate activity. Therefore, you must
take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your
account to breach security of another account or attempt to
gain unauthorized access to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Passwords must contain at least six characters, and should
contain at least one number or symbol, should contain both
uppercase and lowercase letters, and should not be based on
any word found in the dictionary or on any personal information
(name or birthdate, for example). Your password should not
be the same as your userid.
Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others
from using your account since you will be held responsible
for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security
of any host, network or account ("cracking"). This
includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user,
host, or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
Users who violate systems or network security may incur criminal
or civil liability. NetHere will cooperate fully with investigations
of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in
the investigation of suspected criminal violations.
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NETWORK
PERFORMANCE: NetHere
accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have
a negative impact on all other customers. Misuse of network
resources in a manner that impairs network performance is
prohibited by this policy and may result in termination of
your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs that negatively impact
other customers or the performance of NetHere systems or networks.
NetHere reserves the right to terminate or limit such activities.
You may not establish more than one connection to our network
from your account at any one time, unless otherwise authorized.
You may not provide network services from your account (for
example, you may not use your account to operate an ftp or
a web server).
Messages left on NetHere's mail servers for more than forty-five
(45) days are subject to immediate deletion. Mailboxes under
five megabytes in total size will be exempt from the 45-day
retention limit. Total mailbox storage is limited to ten megabytes
without regard to the age of messages in the mailbox. Once
the ten megabyte limit is exceeded, any incoming messages
will be returned to the sender until the subscriber reduces
mailbox size by removing mail from the server.
You may not employ automated electronic or mechanical processes
designed to defeat network inactivity time-outs. Such tools
include, but are not limited to, use of an auto-dialer and
repetitive pinging of a host. |
INTERNET
RELAY CHAT: Although
NetHere does not offer software or technical support for Internet
Relay Chat (IRC), you may use your account to connect to IRC
servers and networks maintained by third parties. Please remember
that you are a guest when you make use of these facilities.
It is particularly important that you do not engage in activities
that might interfere with other customers' access to IRC.
You may not use IRC scripts or programs that interfere with
or deny service to other users on any other server, host,
network or channel.
You may not engage in activities that harass other users.
This includes, but is not limited to, "flooding"
(rapidly entering text with the intent to disrupt service),
"flashing" (disrupting terminal emulation), "takeovers"
(improper seizing and abuse of operator privileges), attempting
to send private messages to those who do not wish to receive
them, attempting to return to a channel after being banned
from it, and other disruptive behaviors.
You may not attempt to impersonate other users. The use of
nicknames does not constitute impersonation.
You may run "clones" (multiple simultaneous IRC
connections) and "robots" only as permitted by the
host IRC server. |
ILLEGAL ACTIVITY:
Any activity on our network that is a
violation of any state or federal law is a violation of this
policy and will result in immediate termination of service.
Prohibited activities include, but are not limited to: |
- Transmitting
obscene materials
- Intentionally
spreading or threatening to spread computer viruses
- Gaining
or attempting to gain unauthorized access to any network,
including NetHere's private network infrastructure
- Accessing
or attempting to access information not intended for you
- Transmitting
pirated software
- Conducting
or participating in illegal gambling
- Soliciting
for pyramid and other illegal schemes.
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Legal
Notices and Trademarks
NetHere Inc. maintains this site (the "Site") for
your entertainment, information, education, and communication.
Please feel free to browse the content of this site, including
but not limited to the text and images herein and their arrangement,
are copyright © 1999 by NetHere INC., Inc. All Rights
Reserved.
If you are browsing this Site as a non-commercial consumer,
you may download material displayed on the Site for your non-commercial,
personal use only. If you are browsing this Site as an employee/agent/member
of any business or organization, you may download material
displayed on the Site only for non-commercial purposes within
your business or organization. This permission is specifically
conditioned on your retaining all copyright and other proprietary
notices contained on the materials. Additionally, you may
not distribute or transmit (except, within your business or
organization), modify, reuse, report, or use the contents
of the Site for public or commercial purposes, including the
text, images, audio, and video without NetHere's written permission.
Your access and use of the Site is also subject to the following
terms and conditions ("Terms and Conditions") and
all applicable laws. By accessing and browsing the Site, you
accept, without limitation or qualification, the Terms and
Conditions below.
Terms and Conditions
1. You should assume that all material on the Site is protected
by copyright unless otherwise noted and may not be used except
as permitted in these Terms and Conditions or in the text
on the Site.
2. Your use of the Site is at your risk. NetHere Inc. makes
no warranties or representations as to its accuracy and NetHere
Inc. specifically disclaims any liability or responsibility
for any errors or omissions in the content on the Site. Neither
NetHere Inc. nor any other party involved in creating, producing,
or delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of
your access to, or use of, or inability to use or access the
Site. Without limiting the foregoing, everything on the Site
is provided to you "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties.
3. Features and specifications of products described or depicted
on the Site are subject to change at any time without notice.
Non-metric weights and measures are approximate. All monitor
screens are measured diagonally; all monitor screen images
contained in this database are simulated pictures unless otherwise
indicated.
4. NetHere Inc. assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your
computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of
any materials, data, text, images, video, or audio from the
Site.
5. If you send any enc. or materials to the Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like, all such enc. are, and will be treated
as, non-confidential and non-proprietary. Anything you transmit
or post may be used by NetHere Inc. or its affiliates for
any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, NetHere Inc. is free to use, without any compensation
to you, any ideas, concepts, know-how, or techniques contained
in any communication you send to the Site for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products using such information.
6. Materials displayed on the Site are either the property
of, or used with permission by, NetHere Inc. The use of these
materials by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions
or specific permission is provided elsewhere on the Site.
Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil
and criminal statues.
7. The Site refers to products and/or services that are generally
available for purchase in the 48 continental United States
and Alaska but may not be available in your particular country
or locality. The reference to any such products or services
in this Site does not imply or warrant that these products
or services will be available at any time in your particular
locality. You should therefore check with your local NetHere
Inc. authorized representative for specific product/service
availability in your locality.
8. NetHere Inc. is not responsible for the content of any
site linked to or from the Site. Your linking to any other
site is entirely at your own risk. While NetHere Inc. may
provide links on this Site to other sites; the inclusion of
such links is for your convenience only and should not be
interpreted as an endorsement of the owner/sponsor of the
site or the content of the site. NetHere Inc. disclaims all
warranties, express and implied, as to the accuracy, validity,
legality or otherwise of any materials or information contained
on such sites.
9. Although NetHere Inc. may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin
boards and the like on the Site, NetHere Inc. is under no
obligation to do so and assumes no responsibility or liability
arising from the contents of any such enc. nor for any error,
defamation, libel, obscenity, profanity, or inaccuracy contained
in any such communication. You are prohibited from posting
or transmitting any unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise
violate any law. NetHere Inc. will fully cooperate with any
law enforcement authorities or court order requesting or directing
NetHere Inc. to disclose the identity of anyone posting such
materials.
10. NetHere Inc. may at any time revise these Terms and Conditions
by updating this posting. Since your are bound by these Terms
and Conditions, you should therefore periodically visit this
page, by clicking the Legal and Trademark hyperlink at the
bottom of the NetHere Inc. Web pages, to review the then current
Terms and Conditions.
11. These Terms and Conditions are to be governed by and construed
in accordance with the law of California, United States of
America, without reference to its conflicts of law rules.
Trademarks, the trademarks, logos, and service marks (collectively
the "Trademarks"), listed below are trademarks of
NetHere Inc. and/or its affiliates. Any other Trademarks used
in the Site are trademarks of their respective owners. Nothing
contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right
of use any Trademark displayed on the Site without the written
permission of NetHere Inc. or such third party owner.
PRIVACY
POLICY:
NetHere
Inc. respects the privacy of every individual who visits our
websites. This privacy statement provides notice of the standards
and terms under which NetHere protects the privacy of information
supplied by visitors to sites on the World Wide Web that are
owned and operated by NetHere, including www.nethere.com.
This privacy statement provides notice of our information
collection practices and of the ways in which your information
may be used. This policy may change from time to time, so
please check back periodically to review this information.
A. Personally-Identifiable
Information:
NetHere typically receives specific data about its website
visitors only when such information is provided voluntarily,
such as when our visitors request information, purchase
or enroll for services, provide resume information for employment
opportunities, or send us e-mail. Of course, some of these
activities require that you give us information, such as
when you make a purchase, use a credit card to pay for services,
submit your resume, or request certain types of information.
When you provide personally-identifiable information to
NetHere through one of our websites, it will be used to
fulfill your specific request. In most cases, you will be
given the opportunity to select whether you do, or do not,
want NetHere to use this information for additional purposes.
You may also request that NetHere not use your information
by sending an e-mail to privacy@nethere.com, however, NetHere
reserves the right, in its discretion, to send you bulletins
and other important information about your NetHere services.
NetHere will not sell or trade your personally-identifiable
information unless we are authorized or legally required
to do so, or in the case of imminent physical harm to the
visitor or others. On those NetHere sites where you may
provide NetHere with credit card or other ordering information
via the web, NetHere protects and secures this information
by employing commercially customary web-based security and
encryption protocols, an example of which include Secure
Socket Layer (SSL). On those sites where you voluntarily
offer any feedback, data, answers, questions, comments,
suggestions, ideas or the like, NetHere will treat that
portion of the information as non-confidential and non-proprietary
and, except as otherwise expressed in this privacy statement,
NetHere assumes no obligation to protect such information
from disclosure.
B. Non Personally-Identifiable (Generic) Information:
In general,
NetHere gathers some generic information automatically.
Generic information does NOT reveal the identity of the
visitor. It usually includes information about the Internet
address assigned to your computer, the number and frequency
of visitors, and the NetHere sites visited. NetHere gathers
this information for the limited purpose of determining
customer service and website needs. We accomplish this by
using certain technologies, including "cookies"
(a technology that can be used to provide the visitor with
tailored information about NetHere services). NetHere does
not combine information collected in this way with any personally-identifiable
information. You can set your browser to notify you when
you receive a cookie and you can refuse it.
C. Your
NetHere -Hosted Website, Bulletin Boards, Chat Rooms and
Third-Party Sites:
Information
that you disclose in a public space, including on any bulletin
board, chat room, or website NetHere may host for you as
part of your NetHere services, is available to anyone else
who visits that space. NetHere cannot safeguard any information
you disclose in these locations. Additionally, NetHere websites
contain links to sites that belong to third parties unrelated
to NetHere. NetHere cannot protect any information you may
disclose in these sites and recommends that you review the
privacy policy statements of those sites you visit.
D. Exceptions
and Limitations:
Notwithstanding
the foregoing and in compliance with applicable laws, NetHere
(i) cooperates fully with state, local, and federal officials
in any investigation relating to any content (including
personal or private electronic communications transmitted
to NetHere) or purported unlawful activities of any user
of the Service, and (ii) takes reasonable measures to protect
its proprietary rights. For the limited purposes of accomplishing
such cooperation and measures and in compliance with applicable
laws, NetHere may be required to disclose personally identifiable
information. In addition, NetHere may elect to monitor the
areas of communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate NetHere; or (iii)
to protect the rights or property of NetHere or others.
In connection with the potential sale or transfer of any
of its interest in www.nethere.com and other sites owned
by the company, NetHere reserves the right to sell or transfer
your information (including, but not limited to name, address
information, and other information you provided to NetHere)
to a third party that (i) concentrates its business in communication
products or services; (ii) agrees to be NetHere's successor
in interest with regard to the maintenance and protection
of information collected and maintained by NetHere; and
(iii) agrees to the obligations of this policy statement
E. Notification of Changes:
If we
decide to change our privacy policy, we will post those
changes on our site www.nethere.com so our users are can
be aware of what information we collect, how we use it,
and under circumstances, if any, we disclose it. If at any
point we decide to use personally identifiable information
in a manner different from that stated at the time it was
collected, we would notify users by way of email. Users
will have a choice as to whether or not we use their information
in this different manner.
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