Elkhorn Networks Acceptable Use Policy

Acceptable Use Policy

Elkhorn Networks sets forth an Acceptable Use Policy (AUP) with the intent of protecting our service, our customers, and other users of the Internet. The following policy is non-exclusive; any action about which there is doubt should be referred to Elkhorn Networks for evaluation. Elkhorn Networks may alter this policy from time to time as need dictates.

IMPORTANT: Elkhorn Networks reserves the right to restrict or terminate service without refund in the event of an AUP violation. Elkhorn Networks reserves the right to take action on abuse that is not specifically named in this AUP at our sole discretion. Use of the Elkhorn Networks systems and network constitutes understanding and agreement of this policy and acknowledgment by Customer that he or she is at least eighteen years of age.

Elkhorn Networks exercises no control whatsoever over the content of the information passing through the Elkhorn Networks System. Elkhorn Networks also disclaims all warranties, including any warranty of merchantability or fitness for a particular purpose. Elkhorn Networks will not be responsible for any damages Customer suffers. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or Customer errors or omissions, or any other causes.

Use of information obtained via Elkhorn Networks is at Customer's own risk, and Elkhorn Networks specifically denies any responsibility for the accuracy or quality of information obtained through its services. In no event shall Elkhorn Networks be liable for any indirect, special or consequential damages or lost profits arising out of or relating to this arrangement, the performance or breach thereof, or the content of the information passing through the Elkhorn Networks System. Elkhorn Networks liability if any shall in no event exceed the total amount paid to Elkhorn Networks hereunder.

The Elkhorn Networks System may only be used for lawful purposes. Transmission of any material in violation of any international, foreign, U.S. or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene or material protected by trade secret. Customer agrees to indemnify, defend and hold harmless Elkhorn Networks from any claims resulting from Customer's use of the service or breach of these Terms and Conditions which results in damage to Customer or another party.

Abuse of the Elkhorn Networks system will not be tolerated. Elkhorn Networks reserves the right to immediately terminate the account of any Customer deemed to have abused Elkhorn Networks system. To report abuse of any of the following please E-mail admin@elkhorn.net for details. Such abuse includes:

NETWORK

Attempting to circumvent user authentication or security of any host, network, or account on Elkhorn Networks systems or the Internet at large ("cracking").

Use of Elkhorn Networks systems or networks (willfully or negligently) in a manner that encumbers disk space, processors, bandwidth, or other system resources so as to interfere with others' normal use of services on Elkhorn Networks or other systems and networks ("denial of service" attack).

Activities which violate local, state, or federal statutes.

Sending unsolicited mass mailings of any nature, including those with a "negative option" for continuation. The negative option is inviting those who do not wish to receive more email to reply to you.

Sending a large number of email messages, or singularly large email messages, to a single address in order to flood someone's mailbox.

Forging email headers to obscure the true originator of the message.

Creating or participating in pyramid schemes or chain letters. (Forward all such email you receive to admin@elkhorn.net and delete the message.)

Sending harassing email, either by language, size, or frequency. This includes sending email (or real time) messages to a person who has asked explicitly that you do not.

Activities which violate local, state, or federal statutes.

USENET

Posting unsolicited messages to a large number of Usenet newsgroups either by cross posting or posting to individual groups ("spamming").

Attempting to cancel, supersede, or otherwise interfere with Usenet posts other than one's own.

Blatant posting of articles which violates the named charter for specific newsgroups.

Publishing someone's real-world data (such as phone number, address, social security number, etc.) in such a way as to cause the person trouble or to incite others to do so.

Forging Usenet header information to obscure the true originator of the message.

Activities that violate local, state, or federal statutes.

ELKHORN NETWORKS WEB/FTP SPACE

Distribution of restricted software or materials in violation of copyrights or distribution licenses.

Distribution of materials which violates local, state, or federal statutes.

DOMAIN NAMES

Falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts.

DIAL-UP ACCESS

Dial-up connections to Elkhorn Networks that are idle for more than 10 minutes or connected for more than 24 hours continuously will be disconnected. Idle time is defined as a period during which no input or output is sent or received across the modem connection.

Multiple simultaneous logins to a single Elkhorn Networks dial-up account are prohibited.

Connectivity is provided for Customer's organization only. Resale, sharing or any other use of the connection by another organization is prohibited.

Our service is not a dedicated modem connection. Use of Elkhorn Networks dial-up service as a dedicated modem connection through use of redialers and idle-time traffic generators is prohibited.

ACCOUNT TERMS

Customer agrees to pay all charges incurred. Charges shall be invoiced monthly via electronic mail unless otherwise specified. For uninterrupted service payment is required by invoice due date. Accounts for which payments are not received by due date are in default and may have their service interrupted. Such interruption does not relieve Customer from the obligation to pay continuing charges.

If Customer's payment is returned to Elkhorn Networks unpaid, Customer is immediately in default and subject to a return charge of $25.00 from Elkhorn Networks.

An eight dollar ($8.00) charge will be assessed for the creation of accounts that are canceled without ever being used. Once accounts are used, the customer will be assessed their monthly charge.

To terminate this agreement, Customer must provide thirty (30) days notice. Only a written request by Customer to terminate service relieves Customer of the obligation to pay continuing charges. Long term accounts terminated before the end of said term will be subject to a five dollar ($5.00) handling fee. Accounts in default are subject to an interest charge of 1.75% per month on the outstanding balance. If Customer defaults, Customer agrees to pay Elkhorn Networks its reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights under this AUP.

These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of the Elkhorn Networks System constitutes acceptance of these Terms and Conditions.

Elkhorn Networks reserves the right to modify these Terms and Conditions without notice.

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Updated 12/14/98