Net-Express is committed to and supports the free flow of information and ideas over
the Internet. Net-Express does not actively monitor nor exercise editorial control
over the content of any web site, electronic mail transmission, mailing list, news group
or other material created or accessible over our services. However we do reserve the right
to remove any materials we do become aware of that are, in our sole discretion,
potentially illegal, could subject ISDN-Net, Inc. or Net-Express to liability, or violate this
Acceptable Use Policy ("Policy"). Your violating this Policy may result in the
suspension or cancellation of your Net-Express services.
2. Policies
2.1. Using a personal account for high volume or commercial use. If you would like to
receive high-volume or commercial services, please contact Net-Express Sales
(423)-691-2011 for information about establishing a commercial account. Activities which
are prohibited as high volume include, but are not limited to:
2.1.1. Any mailbox exceeding 10MB may, at our sole discretion, by transferred to a
compressed temporary file or storage. Members will be notified at that time with further
information. Sixty days after this notification, we reserve the right to delete the
temporary file from the server.
2.1.2. Exceeding 6MB of disk space for Free Web sites. Any Free Web site exceeding 6MB
can be suspended until the customer brings the disk space usage under 6MB.
2.1.3. Exceeding 1GB of traffic in a one month period for free Web sites. Any Free Web
site exceeding 1 GB of traffic will be billed for the excess traffic Charges will be
determined according to current rates.
2.1.4 Long Connection times. Using a personal account for
high volume or commercial use is prohibited. The standard dialup services are intended for
periodic, active use of email, newsgroups, file transfers, Internet chat, games, and
browsing the World Wide Web.
Users may stay connected so long as they are actively using the connection for the
above purposes.
Users may not use the services on a standby or inactive basis in order to
maintain a connection. Pinging and other tricks of software to hold a line open are
expressly prohibited. Net-Express maintains the right to terminate any
member's connection following any extended period of inactivity as determined by
Net-Express personnel. Net-Express reserves the right to terminate accounts of
repeated violators of this policy. For purposes of definition
only, a online usage time over over 240hrs in a month for a dialup home account is
considered beyond normal usage and subject to inspection with the goal of conversion
to a dedicated or bandwidth on demand type account.
2.2. Using Net-Express services for illegal purposes or in support of illegal
activities. In accordance with the Internet Access Agreement,
ISDN-Net, Inc. and Net-Express
reserve 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:
2.2.1. 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.
2.2.2. Exporting software or technical information in violation of U.S. export control
laws.
2.2.3. Posting or emailing of scams such as 'make-money-fast' schemes or
'pyramid/chain' letters.
2.2.4. Threatening bodily harm or property damage to individuals or groups.
2.2.5. Making fraudulent offers of products, items, or services originating from your
account.
2.2.6. Attempting to access the accounts of others, or attempting to penetrate security
measures of Net-Express or other entities' systems ("hacking"), whether or
not the intrusion results in corruption or loss of data.
2.3. 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.
2.3.1. 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.
2.3.1.1. Member acknowledges that he/she is expressly prohibited from utilizing
Net-Express service, equipment or any Net-Express 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 Net-Express's service, equipment or any Net-Express electronic
mail address.
2.3.1.2. 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.
2.3.1.3. Member specifically agrees that he/she will not utilize the Net-Express
service, equipment or any Net-Express 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. For each day upon which this
provision is violated, Member agrees to pay Net-Express $10.00 per day for an
unintentional violation of this provision, but where warranted, such as in the case of an
accidental transmission, Net-Express may waive all or part of the applicable charge. In
cases of willful violations of this provision, Member agrees to pay Net-Express $200.00
per day. Net-Express at its sole discretion shall determine whether such a violation
was unintentional or willful. Payment by member under this provision shall not prevent
Dataworld or Net-Express from seeking to obtain other legal remedies against member,
including other damages or an injunction.
2.4. Revealing your account password to others or allowing use of your account by
others (other than authorized users in your household).
2.4.1 At no time can there be simultaneous use of the same username and password
combination.
2.5. Forging any message header, in part or whole, of any electronic transmission,
originating or passing through Net-Express services.
2.6. Distributing viruses to or from Net-Express systems.
2.7. Use of software or any device that would allow your account to stay logged on
while you are not actively using Net-Express services or use the account for the purpose
of operating a server of any type not covered by your access agreement.
2.8. Cross-posting advertisements for products, items, or services to ten (10) or more
unrelated USENET newsgroups.
2.9. 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.
2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious
postings.
2.11. 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).
2.12. 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.
2.13. Engaging in any of the above activities using the service of another provider but
channeling such activities through a Net-Express account or re-mailer, or using a
Net-Express account as a mail drop for responses.
3. Dataworld and Net-Express Assumes No Liability.
Net-Express has no practical ability to restrict all conduct, communications or content
which might violate this Policy prior to its transmission on the Net-Express systems, nor
can Net-Express ensure prompt removal of any such communications or content after
transmission or posting. Accordingly, Net-Express does not assume liability to subscribers
or others for any failure to enforce the terms of this Policy.
4. Revisions to this Policy
Net-Express 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 Net-Express homepage (http://www.nxs.net), by electronic
mail, or by conventional mail.
