Accepted Use

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Introduction

This document provides a general understanding of SURFSIDETX.NET policy on the Acceptable Use of the SURFSIDETX.NET Internet access service. It is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. We hope and expect that common sense and good judgment will guide all of our subscribers Internet activities. These guidelines point out generally accepted practices on a range of topics and the general SURFSIDETX.NET Service approach to these areas.

The key contributing factors to decisions and actions taken on Acceptable Use Policy violations include but are not limited to protection of our customers and our resources, provision of quality service to our customers, compliance with applicable law, and the protection of our reputation as a service provider.

If a SURFSIDETX.NET account is involved in a violation of these policies, we reserve the right to suspend or terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and any corrective action that may be necessary. However, repeated or flagrant violations of these policies may result in immediate termination of service.

In the event that an account is inactivated as a result of any activities proscribed by these policies, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by SURFSIDETX.NET .

SURFSIDETX.NET may take such action as it deems appropriate against any subscriber or account user for violations of the Terms and Conditions for the service or of these policies. However, there is no promise or obligation on our part to monitor or police any such activity and SURFSIDETX.NET will have no liability to any party for any other party's violation of these policies or the Terms and Conditions of the service.

E-mail

Commercial E-mail

Sending unsolicited commercial e-mail is prohibited. Using a SURFSIDETX.NET e-mail address to collect responses from unsolicited commercial e-mail is prohibited.

Mail bombing

Sending large volumes of unsolicited e-mail, commercial or otherwise, is prohibited.

Harassment

Sending threatening or harassing e-mail after being requested to stop, is prohibited.

Other E-mail related issues

Subscribers also may not engage in the following activities while using the SURFSIDETX.NET service:

Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;

Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;

Knowingly or maliciously transmitting files that contain a virus or corrupted data;

Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;

Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;

Using SURFSIDETX.NET 's systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

Internet Relay Chat (IRC)

Violation of any accepted policies on IRC servers and the use of IRC bots is prohibited. If SURFSIDETX.NET is banned or threatened with being banned or restricted from a server, the offending account may be terminated.

General

Impersonation

You may not attempt to send Electronic Mail or USENET News articles using a name and address other than your own. Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. Attempts to do so that are discovered by SURFSIDETX.NET or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames by themselves, does not constitute impersonation.

Network unfriendly activity

Activities which adversely affect the ability of other people or systems to use SURFSIDETX.NET services or the Internet is prohibited.

Unauthorized uses - non-payment

Sharing wireless connection with anyone, or re-selling service without express written consent from SURFSIDETX.NET , or offering any public information service using such accounts, such as running a web server, IRC Server, Game Server, FTP server, or any other such server is prohibited. Subscribers may not provide public or commercial information over such connections. SURFSIDETX.NET does offer dedicated connection services for such purposes. Untimely payment of any and all amounts due may result in account cancellation.

Excessive bandwidth or disk utilization

Where SURFSIDETX.NET account descriptions specify limits on bandwidth and/or disk utilization, use in excess of those limits is not permitted without an appropriate change in account type or status. Bandwidth and disk utilization will be computed or determined by SURFSIDETX.NET from time to time in developing its product and service offerings. In the event SURFSIDETX.NET determines that an account is exceeding the relevant bandwidth or disk utilization, the account owner will be notified. If excessive bandwidth or disk space utilization is determined to adversely affect SURFSIDETX.NET 's ability to provide service, immediate action may be taken. The account owner will be notified as soon as practicable thereafter.

Automated Data

Data that is generated on a user's computer system automatically, either by an automated program, script, automatic re-dialers or any other software device, is considered automated data. Automated data of any kind is not considered interactive use of the SURFSIDETX.NET service, and as such, may be disregarded in determining idle timeouts.

Misuse of Subscriber Account

Internet access accounts cannot be transferred or used by anyone other than the subscriber and members of the subscriber's immediate family. Account sharing (other than among immediate family members) is strictly prohibited. No more than one login session can be active at a time by a subscriber. Accounts which have been transferred to other parties, or which show other activity in violation of this condition, may be terminated without notice.

Service, Network and System Interference

Subscribers may not attempt to interfere with or compromise the operation of the SURFSIDETX.NET network in whole or part, to interfere with any of the equipment comprising the system, or to access other accounts or restricted areas of the system.

Subscribers may not use SURFSIDETX.NET 's systems in a manner that adversely affects the availability of its resources to other SURFSIDETX.NET customers.

Facility Usage

Subscribers may only use those SURFSIDETX.NET service and computing facilities and service areas which have been authorized for subscriber use. If access is protected by a password, subscribers are not to make this password available to others or use the password(s) of others to gain access to such areas. Subscribers may not attempt to find out the password of another user, nor aid such attempt by any other person.

Subscribers may use SURFSIDETX.NET service and computing facilities and service areas only for authorized purposes.

Subscribers may not attempt to interfere with the proper or intended operation of any computing facility.

Subscribers may not attempt to subvert -- or aid others to subvert -- the security of any computing facility.

Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of SURFSIDETX.NET 's or any other party's internal business practices or records.

Any attempts, whether successful or not, to gain access to any computer system or customer's data without consent is prohibited.

Privacy

It may be necessary for SURFSIDETX.NET employees or representatives to examine system operational and accounting logs and other records to resolve service-related problems. SURFSIDETX.NET reserves the right to access an account's mailbox or other features to resolve problems or mail system errors.

In addition, SURFSIDETX.NET will cooperate with the appropriate legal authorities or other parties in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.

SURFSIDETX.NET makes no guarantee and assumes no liability for the security of any data on any server including those designated as "secure servers."

No computer system can be completely protected or should be considered 100% safe from intrusion. E-mail and other data transmissions over the Internet may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, such information is only as secure as the encryption method used.

SURFSIDETX.NET does not generally monitor the activity of accounts except to measure system utilization and accumulate billing records. However, in our efforts to protect the integrity of our service and fulfill any responsibility we have as good citizens within the Internet community, if we become aware of inappropriate use of the SURFSIDETX.NET service we may respond accordingly.

Censorship

SURFSIDETX.NET does not intend to censor the content of any newsgroups. We believe such choices should generally be left to the individual subscriber. Software tools, such as SurfWatch, are available to screen a subscriber account's access to newsgroups and Web sites that might be considered offensive. It is the subscriber's responsibility to make use of such tools if desired.

Newsgroup postings and other e-mail messages sent via SURFSIDETX.NET and the Internet are communications between the senders and consenting receivers thereof, and SURFSIDETX.NET has neither the authority nor the responsibility to regulate their content. The views and comments expressed by SURFSIDETX.NET subscribers or other senders of such postings or messages are solely those of their authors and do not reflect any review, approval or endorsement by SURFSIDETX.NET . SURFSIDETX.NET will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify SURFSIDETX.NET of the problem.

Illegal Activity

Internet access and all other services provided to SURFSIDETX.NET subscribers may be used for lawful purposes only, and use by a subscriber of the SURFSIDETX.NET service for the transmission or storage of any information, data, or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright, trade secrets, and information that is confidential as a matter of law) is strictly prohibited. The subscriber may not use the SURFSIDETX.NET service to transmit or store any information, data, or material that is threatening, libelous, or obscene.

Copyright Infringement

It is assumed that, unless otherwise specified by the sender, all data distributed on the Web by the sender is intended to remain the intellectual property of the sender or the party who furnished such data to the sender, and each subscriber transmitting any such data (or making it available for download or other transmissions) is assumed to warrant that he or she has full ownership rights or appropriate licenses to the reports, documents, photographs, graphic images, audio files, video files and other data placed on the subscriber's personal web pages or otherwise transmitted. SURFSIDETX.NET subscribers are solely responsible for any actions which may be necessary to protect ownership rights in such data. Subscribers acknowledge that SURFSIDETX.NET has no control over the individuals using the Internet and that SURFSIDETX.NET expressly does not warrant that any individuals might not make copies of or otherwise infringe upon the subscriber's information as distributed on the Web.

Subscribers should be aware of the law of copyright as it affects computer software and other information or materials available or accessible on the Internet. A formal copyright need not be in evidence for legal copyright protection to be in force.

As a general rule, the subscriber is the copyright owner of any file which that subscriber solely creates for his or her own exclusive use. Any other file is copyright either by its creator, by commercial vendors, or by other individual users, and it is generally illegal for the subscriber to reproduce such file in any part or in any form, except by permission of the copyright owner.

Ownership of any software developed or modified by SURFSIDETX.NET and all graphics, text or other information or content materials supplied or furnished by SURFSIDETX.NET as part of the SURFSIDETX.NET service or for incorporation into a subscriber's personal Web page in connection with the service shall remain with SURFSIDETX.NET (or the party which supplied such materials to SURFSIDETX.NET ).

Removing or falsifying the source or origin of software or other material contained in a file that a subscriber has uploaded is prohibited.

Knowingly receiving or downloading a file that cannot be legally distributed is prohibited, even though a file may have been mailed or posted notwithstanding such illegality.


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