cyberMIND's Acceptable Use Policy
1. Introduction
cyberMIND supports the free flow of information and ideas
over the Internet. cyberMIND does not actively monitor nor
does cyberMIND exercise editorial control over the content
of any Web site, electronic mail transmission, mailing list,
newsgroup, or other material created or accessible over cyberMIND's
Service. However, cyberMIND reserves the right to remove any
materials that, in cyberMIND's sole discretion, are potentially
illegal, may subject cyberMIND to liability, or violate this
Acceptable Use Policy ("Policy"). Your violating
this Policy may result in the suspension or cancellation of
your cyberMIND Service. This Policy should be read in conjunction
with cyberMIND Internet Access Agreement.
2. Acceptable Use Policies
The following constitute violations of cyberMIND's Policy:
2.1. Using a personal account for high volume or commercial
use. If you would like to establish and utilize a commercial
account or a high-volume account, please contact cyberMIND's
Business Sales Department at (877) 373-6680. Activities which
are prohibited for Subscribers with personal accounts include,
but are not limited to:
2.1.1. Maintaining a mailbox exceeding 10MB. A mailbox exceeding
10MB may, at cyberMIND's discretion, be transferred to a compressed
temporary file or storage. Subscribers will be notified at
that time with further information. cyberMIND reserves the
right to delete the temporary file from the server 60 days
after this notification. Any single email message exceeding
10MB in size will not be accepted for delivery and will be
returned to the sender.
2.1.2. Exceeding 5MB of disk space for free Web sites. Any
free Web site exceeding 6MB will be suspended until the Subscriber
brings the disk space usage under 6MB or less. Or, additional
megabytes may be purchased. These prices may be obtained by
calling (877) 373-6680.
2.2. Using cyberMIND's Service for illegal purposes or in
support of illegal activities. In accordance with Section
5 of the Internet Access Agreement, cyberMIND 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:
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 cyberMIND's or other entities'
systems ("hacking"), whether or not the intrusion
results in corruption or loss of data.
2.2.7. The unauthorized use of a person's name or likeness.
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 electronic mail (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. Subscribers acknowledge that they are expressly prohibited
from utilizing cyberMIND's Service, cyberMIND's equipment,
or any cyberMIND email address in connection with the sending
of the same or substantially similar unsolicited email 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 cyberMIND's Service, cyberMIND's equipment, or
any cyberMIND email address(es).
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 email address
accessible to the public shall not constitute a request or
invitation to receive messages.
2.3.1.3. Subscriber specifically agrees that he/she/it will
not utilize cyberMIND's Service, cyberMIND's equipment, or
any cyberMIND email 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. A Subscriber responsible for these acts may be terminated
at cyberMIND's discretion. For each day upon which this provision
is violated, Subscriber agrees to pay cyberMIND $10.00 per
electronic mail message(e-mail) for an unintentional violation
of this provision, but where warranted, such as in the case
of an accidental transmission, cyberMIND may waive all or
part of the applicable charge. In cases of willful violations
of this provision, Subscriber agrees to pay cyberMIND $200.00
per electronic mail message (e-mail). cyberMIND at its sole
discretion shall determine whether such a violation was unintentional
or willful. Payment by member under this provision shall not
prevent cyberMIND 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). At no time may 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 cyberMIND's
Service.
2.6. Distributing viruses to or from cyberMIND's Service.
2.7. Use of software or any device that would allow your account
to stay logged on while you are not actively using cyberMIND's
Service or use the account for the purpose of operating a
server of any type. (See section 3 below).
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 newsgroups that have specifically requested
such material not be posted in the group's FAQ (Frequently
Asked Questions), charter or other public statement of the
forum that such material not be posted.
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 unless such routines are installed by cyberMIND.
2.13. Engaging in any of the above activities using the service
of another provider but channeling such activities through
an cyberMIND account or re-mailer, or using an cyberMIND account
as a mail drop for responses.
3. Unlimited Service
Subscriber acknowledges that cyberMIND's Service is intended
for periodic, active use of email, user newsgroups, file transfers
via FTP, Internet chat, Internet games, and browsing the World
Wide Web. Subscriber further agrees not to use the Service
on a standby or inactive basis in order to maintain a connection.
Pinging is expressly prohibited. Accordingly, cyberMIND maintains
the right to terminate Subscriber's connection following any
extended period of inactivity as determined by cyberMIND or
after the duration of Subscriber's connection exceeds 4 consecutive
hours.
4. cyberMIND Assumes No Liability
cyberMIND has no practical ability to restrict all conduct,
communications, or content which might violate this Policy
prior to its transmission on cyberMIND's systems, nor can
cyberMIND ensure prompt removal of any such communications
or content after transmission or posting. Accordingly, cyberMIND
does not assume liability to Subscribers or others for any
failure to enforce the terms of this Policy.
5. Revisions to this Policy
cyberMIND reserves the right to amend, alter, or modify the
Policy at any time and in any manner. Any amendment, alteration,
or modification is effective immediately upon posting on cyberMIND's
Web site (www.cyberMIND-usa.net).
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