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WARP 8 Internet Subscriber Acceptable Use Policy ("AUP")
Introduction
WARP 8 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 WARP 8's network. However, WARP 8 reserves the right to remove any
materials that, in WARP 8's sole discretion, are potentially illegal, may subject WARP 8
to liability, or violate this Acceptable Use Policy ("Policy" or
"AUP"). Your violating this Policy may result in the suspension or cancellation
of your services. WARP 8 also reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime or civil wrong.
This AUP should be read in conjunction with WARP 8's Internet Service Agreement. Policies
The following are violations of WARP 8's acceptable use policies:
- Any mailbox exceeding 10MB. Such mailbox may, at WARP 8's discretion, be transferred to
a compressed temporary file or storage. WARP 8 reserves the right to transfer or delete
the temporary file from the server thirty days after notification.
- Any free Web site exceeding 5MB. Such Web site will be suspended until the customer
brings the disk space usage under 5MB or less. Or, additional megabytes may be purchased.
- Any free Web site exceeding 200MB per month of traffic. Such Web site will be billed for
the excess traffic. Charges will be determined according to WARP 8's pricing policies.
- 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.
- Exporting software or technical information in violation of U.S export control laws.
- Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain'
letters.
- Threatening bodily harm or property damage to individuals or groups.
- Making fraudulent offers of products, items, or services originating from your account.
- Attempting to access the accounts of others, or attempting to penetrate security
measures of WARP 8's or other entities' systems ("hacking"), whether or not the
intrusion results in corruption or loss of data.
- The unauthorized use of a person's name or likeness.
- Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending
more then ten (10) similar mail messages to the same email address. 'News bombing'
constitutes cross-posting to more than 10 different newsgroups.
- Revealing your account password to others or allowing use of your account by others
(other than authorized users in your household).
- At no time can there be simultaneous use of the same username and password combination.
- Forging any message header, in part or whole, of any electronic transmission,
originating or passing through WARP 8 services.
- Distributing viruses to or from WARP 8 systems.
- Use of software or any device that would allow your account to stay logged on while you
are not actively using WARP 8 services or use the account for the purpose of operating a
server of any type.
- 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.
- Engaging in "spamming", as that term is commonly understood in the industry,
or as that term is defined in any federal, state, or local regulation or legislation.
Unlimited Service You acknowledge that WARP 8'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. You further agrees not to use the service as a dedicated
connection, or a connection that is actively---or inactively in use for 24 hours a day.
WARP 8 reserves the right to monitor any heavily active or inactive account, and reserves
the right to terminate any connection that is inactive for more than 4 hours a session.
WARP 8 also reserves the right to suspend, cancel, or upgrade an "unlimited
service" account to a "dedicated connection" account in the event the
Customer or User is using the service as a dedicated connection. The use of pinging, or
any other technologies that mimic activity is expressly prohibited. Unsolicited Electronic
Mail 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 Acceptable Use Policy. You acknowledge that you are expressly prohibited from
utilizing WARP 8's service, WARP 8's equipment or any WARP 8's email addresses 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 WARP 8's service, WARP 8's equipment or any WARP 8's email
address(es) or IP address(es). 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.
You agree that You will not utilize the WARP 8 service, WARP 8's equipment or any WARP 8
email address in connection with the transmission of the same or substantially similar
unsolicited message to 10 or more recipients, or 10 or more newsgroups in a single day.
For each day upon which this provision is violated, You agree to pay WARP 8 $50.00 per day
for an unintentional violation of this provision, but where warranted, such as in the case
of an accidental transmission. In cases of willful violations of this provision, You agree
to pay WARP 8 up to $500.00 per day. You agree that WARP 8, at its sole discretion, shall
determine whether such a violation was unintentional or willful. Payment by member under
this provision shall not prevent WARP 8 from canceling the WARP 8 Service in its sole
discretion, or seeking to obtain any other legal remedies against member, including
monetary damages or injunctive relief or any other remedy provided by law. Subscriber
agrees to pay any legal, or other fees, incurred by WARP 8 in pursuing such legal
remedies, in the event WARP 8 prevails on any material issue or claim brought as a result
of the above described activity.
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