(a) Prohibited activities on or in connection with the Service include, but are not limited to, the activities listed below. For purposes of the Prohibited Network Abuse Activities, the term “content” means information or material of any type capable of being posted or transmitted on or through the Internet, including material in print, graphic, pictorial audio, or audio-visual form.
(b) When using the Service you agree not to:
(i) post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(ii) post or transmit any fraudulent content on or through the Service. This includes content that you know or have reason to know is false and that you intend for others to rely on.
(iii) post or transmit on or through the Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(iv) post or transmit or sponsor any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals, or entities, except in those areas that are designated for such a purpose. You further agree not to involve or associate NEHP in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising a NEHP-hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to a NEHP email address.
(v) post or transmit on or through the Service any content that infringes another person’s or entity’s copyright in all or any part of the content.
(vi) post or transmit on or through the Service any content that infringes, dilutes or otherwise violates another person’s rights in its trademarks, service marks, trade dress, or other indicia of origin.
(vii) post or transmit on or through the Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(viii) post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Service.
(ix) use the Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
(x) use the Service to impersonate any person, including but not limited to, an agent or employee of NEHP or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(xi) use the Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other Members, users, individuals, or entities.
(xii) use the Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(xiii) make false or unverified complaints against NEHP or any NEHP Member, or otherwise abuse any of NEHP’s complaint policies or procedures.
(xiv) abuse of NEHP’s system, or any other system accessible through the Internet via NEHP, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at NEHP or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(xv) post or cross post, regardless of content, copies of the same message to twenty (20) or more newsgroups.
(xvi) post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of NEHP or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”), services which send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
(xvii) operate a mail server with an open mail relay.
(c) New Hope Internet offers to it’s customers 15 megabytes of e-mail server space and 15 megabytes of ftp server space. It will be your responsibility to delete enough old email or web content or other files to come back to within the disk storage limit. If you fail to do so, your account could become unusable for sending or receiving mail or performing other tasks.
(d) Further, using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited.
(e) If you receive communications via the Internet or the Service that appear threatening or abusive, you should first contact the appropriate criminal or civil authorities with a complaint. NEHP can only research alleged threatening or abusive communications complaints that are received from the appropriate authorities.
IV. Internet Service.
(a) The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with NEHP or any of NEHP’s affiliates. NEHP cannot and does not guarantee that the Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
(b) YOU AGREE THAT IF NEHP TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND NEHP AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that NEHP is under no obligation to forward any email for an account canceled due to a violation. NEHP reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom NEHP suspects is acting on behalf of someone whose account has been canceled for a violation. NEHP reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.
(c) Subject to the provision of the Digital Millennium Copyright Act and any other applicable laws and regulations, NEHP reserves the right to remove or block access to, either permanently or temporarily, any files which NEHP suspects or which a third party alleges are associated with a violation of the law, this Agreement or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.
(d) By using the Service you agree that neither NEHP nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Service.
(e) At no additional cost to you, NEHP provides spam filtering services. You should note, however, that spam filtering is never perfect and some spam will slip through no matter what we do. NEHP MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF ITS SERVICE WILL BE SPAM-FREE OR SUBSTANTIALLY SPAM-FREE. NEHP’S EFFORTS TO REDUCE YOUR RECEIPT OF SPAM IS ON A BEST-EFFORTS BASIS.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEHP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEHP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. NO ADVICE FOR INFORMATION GIVEN BY NEHP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NEHP AND ITS AGENTS AND EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
VI. Content of Communications.
(a) The Service provides you access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on NEHP’s computer servers and on the Internet (the “Content”). As a matter of policy, NEHP does not pre-screen Content placed on NEHP’s computer servers by any of its subscribers. Moreover, NEHP does not have the practical ability to monitor, review, or restrict access to Content on NEHP’s servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations that are not NEHP Members. NEHP does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on NEHP’s own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability or usefulness of any Content available to you on or through the Service and for all your communication on the Service.
(b) You agree that notwithstanding anything herein to the contrary, NEHP has the right, but not the obligation, to remove Content from NEHP’s computer servers that NEHP, in its sole discretion, determines to be in violation of this Agreement.
NEHP does not control nor censor the subscriber’s use of or the content of the World Wide Web. Individual subscribers are responsible for their own actions. The use of NEHP for the reception, transmission, or storage of any material or any other action that is in violation of any federal, state, or local regulation is prohibited. Unauthorized attempts to access, modify, or interrupt information or normal system operations on our equipment or any other equipment is prohibited. You are responsible for your own use, conduct, and actions. If you are offended by information you find on the World Wide Web, your responsibility is to avoid whatever you find offensive. You must take responsibility for the statements you make in E-mail, chat or discussion forums, web pages, and news groups. If you act irresponsibly or your actions endanger NEHP, or you use NEHP for unlawful or unauthorized purposes, we may suspend or terminate your account at any time.
NEHP services are offered without regard to race, color, religion, disability, national origin, gender, age, sexual orientation, marital or veteran status, or any other legally protected status. No system has unlimited resources. Excessive concurrent processes or processes which continue after you have logged off are prohibited. Our server automatically ends long idle calls and during peak times you can expect minimum allowed idle time of at least 30 minutes. Your account is for your exclusive and individual use only; multiple concurrent logins of the same account are not allowed. You are responsible for the charges incurred by someone else you have allowed to use your account. For this reason you should protect your account and password as you would any other personal resource such as your telephone or credit card. NEHP is not responsible for any charges you incur or information you release through our services.