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| 1. Introduction SpinnNet is committed to and supports the free flow of information and ideas over the Internet. SpinnNet reserves the right to remove any materials SpinnNet does become aware of that are, in SpinnNet's sole discretion, potentially illegal, could subject SpinnNet to liability, or violate this Acceptable Use Policy. Your violating this Policy may result in the suspension or cancellation of your SpinnNet services. Unlimited Access - allows the user to use their account at any hour without having to worry or keep up with hours of use. Unlimited Access does not mean "dedicated service" nor can it be connected as "server". 2. Policies The following are violations of SpinnNet's acceptable use policies: Using a personal account for high volume or commercial use. Such as a dedicated server. If you would like to receive high-volume or commercial services, please contact SpinnNet's Business Sales Department at (505) 938-7746 for information about establishing a business account. Activities which are prohibited as high volume include, but are not limited to: Any mailbox exceeding 10MB may, at SpinnNet's discretion, be transferred to a compressed temporary file or storage. Members will be notified at that time with further information. Sixty days after this notification, SpinnNet reserves the right to delete the temporary file from the server. Exceeding 6MB of disk space for free Web sites. Any free Web site exceeding 6MB will be suspended until the customer brings the disk space usage under 6MB. . Using SpinnNet services for illegal purposes or in support of illegal activities. SpinnNet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. Exporting software or technical information in violation of U.S. export control laws. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products, items, or services originating from your account. Attempting to access the accounts of others, or attempting to penetrate security measures of SpinnNet's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data. Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup. Sending unsolicited email messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section. Member acknowledges that he/she/it is expressly prohibited from utilizing SpinnNet's service, SpinnNet's equipment or any SpinnNet's electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of SpinnNet's service, SpinnNet's equipment or any SpinnNet's electronic mail address. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and /or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. Member specifically agrees that he/she/it will not utilize the SpinnNet service, SpinnNet's equipment or any SpinnNet electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Members responsible for these acts may be terminated at SpinnNet's discretion. For each day upon which this provision is violated, Member agrees to pay SpinnNet $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, SpinnNet may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay SpinnNet $200.00 per day. SpinnNet at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent SpinnNet from seeking to obtain other legal remedies against member, including other damages or an injunction. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same username and password combination. Forging any message header, in part or whole, of any electronic transmission, originating or passing through SpinnNet services. Distributing viruses to or from SpinnNet systems. Use of software or any device that would allow your account to stay logged on while you are not actively using SpinnNet services or use the account for the purpose of operating a server of any type. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions). Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others. Engaging in any of the above activities using the service of another provider but channeling such activities through an SpinnNet account or re-mailer, or using an SpinnNet account as a mail drop for responses. 3. SpinnNet Assumes No Liability SpinnNet has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on SpinnNet's systems, nor can SpinnNet ensure prompt removal of any such communications or content after transmission or posting. Accordingly, SpinnNet does not assume liability to subscribers or others for any failure to enforce the terms of this Policy. 4. Revisions to this Policy SpinnNet reserves the right to modify this Policy at any time upon at least thirty (30) days prior notice. Notice of modifications to this Policy may be given to subscribers by posting such changes to the SpinnNet homepage (http://www.spinn.net), by electronic mail, or by conventional mail. |
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