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| Our Terms Of Service can be summed up in three sentences: |
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1. Don't use our service to do illegal things.
2. Other people have the right to use the Internet (and provide Internet service) in peace - let them do so.
3. The Internet is a powerful tool, and we give you full access to it. Use it wisely.
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| Simple and reasonable. Even so, we still have to have a long-winded legal version. Please look this over, since we cannot provide you with Internet access unless you agree to these terms. |
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The following is an agreement between Independentsus.com
and any customer using our service (Subscriber)
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| I. General Overview |
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Our policy is to offer unlimited, unrestricted Internet access to all users in its coverage area. However, freedom of access is not a license for chaos, and certain rules are necessary to protect our own rights and the rights of our users, and to ensure that all of our Subscribers are able to enjoy their Internet access to the fullest. Independentsus.com therefore requires its Subscribers to follow the rules in this document.
The Internet is a vast resource which is incapable of being completely monitored or controlled by any one entity. Independentsus.com cannot and will not control or warrant the validity, usefulness or suitability of any information on the Internet which is accessed through our service. Independentsus.com does not willfully censor or monitor any information available on the Internet.
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| II. Subscriber Consent To Rules |
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Before signing up with Independentsus.com, or continuing to use our service, please read these rules. By using Independentsus.com services, you agree to comply with these Acceptable Use rules.
We may terminate your account if you fail to comply with these rules.
If you do not agree to follow these rules, please notify webmaster@Independentsus.com so we can cancel your service.
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| A. USE OF SERVICES |
1. The Subscriber agrees to use our services for lawful purposes, in compliance with all applicable laws.
2. Candidates and General accounts are provided for use in conformance with these rules and Terms and Conditions. Independentsus.com reserves the right to investigate suspected violations of the rules. When we becomes aware of possible violations, we may initiate an investigation, which may include gathering information from the Subscriber or Subscribers involved and the complaining party, if any, and examination of material on our servers.
3. During an investigation, we may suspend the account or accounts involved and/or remove the material involved from its servers, and Independentsus.com is not responsible in any way for any damages resulting there from. If we believes a violation of these rules has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from our servers, the cancellation of news group posts, warnings to the Subscriber or Subscribers responsible, and the suspension or termination of the account or accounts responsible. Independentsus.com, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these rules could also subject the Subscriber to criminal or civil liability.
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| B. USE OF MATERIALS |
1. Materials in the Website(e.g., images, text, and programs) may be downloaded or uploaded using our services. Subscribers may also re-distribute materials in the Website. The Subscriber assumes all risks regarding the determination of whether material is in the public domain.
2. The Subscriber is prohibited from storing, distributing or transmitting any unlawful material through our services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Subscriber may not post, upload or otherwise distribute copyrighted material on our servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Subscriber to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above.
3. The Subscriber may not store or distribute certain other types of material on our servers. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojans and tools to compromise the security of other sites.
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| C. PASSWORDS |
1. Website accounts are for individual use only. Subscribers may not share passwords or accounts with other individuals.
2. In the event that the security of a Subscriber is compromised, we may require the Subscriber to use a new password.
3. Independentsus.com staff may check the security of a Subscriber's passwords at any time. A Subscriber with an insecure password may be asked to change the password to one which complies with the above rules. Subscribers who repeatedly choose insecure passwords may be assigned a password by Independentsus.com; continued failure to maintain password security may be grounds for account termination.
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| D. SYSTEM SECURITY |
1. The Subscriber is prohibited from utilizing our services to compromise the security of, or tamper with, our system resources or accounts on any of our computers, routers, terminal servers, modems, or any other equipment at Independentsus.com or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools or network probing tools
2. Independentsus.com reserves the right to release the user names of Subscribers involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. Independentsus.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
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| E. SYSTEM RESOURCES |
1. Independentsus.com will allocate system resources to provide all Subscribers with the best service possible. As part of resource allocation, we may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.
2. Additionally, we may institute services and fees for Subscribers who are interested in accessing system resources above and beyond acceptable usage. See below, Section III.
3. Independentsus.com may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above.
4. System abuse is defined as any use of Independentsus.com resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of memory, disk space, or bandwidth, or otherwise affecting the performance of our servers or networks.
5. Subscribers may not run programs which provide network services from their accounts. Example of prohibited programs include, but are not limited to, mail, http and irc servers, and multi-user interactive forums.
6. Subscribers may only make use of our system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives.
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| III. Acceptable Usage |
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Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including, but not limited to, usage of our systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include file storage on our servers for Subscriber's own personal web page, file access area (FTP), and possibly Unix utilities used in a shell account. Shell users may be permitted to use their own software on our servers, subject to our examination and approval, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document.
This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.
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| IV. Prohibited Activities |
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Activities specifically prohibited by Independentsus.com administration include but are not limited to the following: |
| 1) Background and/or server-type applications |
Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the user that continues execution on the system upon user logout. |
| 2) Long-term storage of data |
Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes but is not limited to programs such as shareware programs which the user may download to their account for purposes of transferring to their home computer. Such programs should be removed at such time as they are successfully transferred to the user's personal system. |
| 3) Flooding or abuse of other users |
Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at Independentsus.com. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods. |
| 4) Attempts to compromise system and/or network security |
Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into non-Independentsus.com systems. |
| 5) Sharing of accounts |
Sharing of a user's account with another party for purposes of avoiding payment for a second account is strictly prohibited. |
| 6) Attempts to bypass resource usage limitations |
In order to provide fair service to all Independentsus.com users, Independentsus.com has implemented certain resource limitations, the two most common being disk quotas on the servers, and idle time-outs on dial-ups. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges. Attempts to bypass the idle time-outs are also prohibited. The current idle time-out limit is twenty minutes. |
| 7) E-mail Abuse |
E-mail abuse typically comes in one of three forms, the transfer of an unsolicited message to individuals (spamming), the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user. |
| 8) Usenet order News Abuse |
Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted. |
| 9) Pyramid/Money-Making schemes (MMF, or Make Money Fast Scams) |
Such activities as the transfer of information or solicitation of persons via the Internet in in attempt to extort money or other valuables or the use of pyramid/chain letters are all illegal, and all prohibited. |
| 10) Pirated Software |
Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Independentsus.com website. Such prohibition also includes the 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. The exportation of software or technical information in violation of USA. export control laws is strictly prohibited. |
| 11) High-Traffic Web sites |
Individual accounts on Independentsus.com machines are intended to provide access to individuals only. As most individual pages are fairly low-traffic for the most part, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages which draws a large number of hits to their pages and thus degrade performance for other users' pages. Due to this, Independentsus.com has had to implement certain limitations on the amount of traffic an individual user's home page can receive. Typically a page can safely receive around 4-5,000 hits per day and/or transfer under 20-25 megs per day without causing excessive load on the host system. Sites generating more than this must be moved over to our Web Hosting services, which are better suited to deal with the extra traffic. |
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| V. Penalties for Abuse |
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1. Penalties for account abuse include termination of a user's account and any applicable legal penalties. The penalties imposed on a user for abuse will vary based on the level of the offense. Independentsus.com will usually give a warning on the first offense, but will terminate the account immediately and without warning if the offense is severe enough. Accounts closed due to subscriber abuse will not be reopened.
It is vital for Independentsus.com to provide a quality service for all users, and we will not tolerate users who through their actions hinder us in that endeavor. It is also important for us to have a non-intrusive presence to the rest of the net, and thus prohibited activities which adversely affect users on other service providers and their associated networks. To this end, Independentsus.com reserves the right to modify and/or disable user service at any such time abuse occurs.
2. We will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
3. All Independentsus.com Internet Users agree to indemnify and hold Independentsus.com, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the user's violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the user's dependents, or the infringement of any intellectual property or privacy right of any person or entity.
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| VI. Additional Policies |
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A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, Independentsus.com reserves the right to add and enforce new policies.
B. While we strives to provide local access to our Subscribers, we cannot guarantee such service. It is the user's responsibility to verify with the telephone carrier whether the calls made via the Subscriber's modem to access the Internet are local or not. Independentsus.com makes no warranties as to whether we can provide users with local Internet access numbers.
C. We will not be responsible for lost data in the event that an account was suspended/terminated due to an outstanding balance.
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| VII. Limitation of Liability |
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Our liability under any circumstances is limited to the current month's service charge.
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| VIII. Warranties |
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Our service is provided on an as is, as available basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to our service or any information or software therein. Under no circumstances, including negligence, shall Independentsus.com be liable for any incidental, special, or consequential damages that result from the use of or inability to use our service. Nor shall Independentsus.com be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond our reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to NAC records, programs, or services. In no event shall Independentsus.com total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.
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