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Table
of Contents
| INTRODUCTION: |
| The main purpose of Brisnet
is to provide access to the Internet for its subscribers through its
various service types. It is the intention of Brisnet to
allow its subscribers that access with minimal or no
interference |
| In a multi-subscriber environment such as
Brisnet, the actions of a single subscriber may have a
severe impact on other customers' abilities to access the Internet. It is
not uncommon for an Internet Service Provider (ISP) to be blocked from use
of another organization's systems due to repeated misuses of that ISP's
resources. As we feel that this would be grossly unfair to our many
subscribers, Brisnet has adopted these Acceptable Use
Policies.
They are intended to provide guidelines on what Brisnet constitutes inappropriate use of the access to the Internet
and alert our subscribers to whatever actions we may be forced to take,
with or without notice, should we become aware of the inappropriate use of
this service.
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| Brisnet
recognizes that many
of the individual components of the Internet have other specific
guidelines for use. The preservation of Brisnet's
technical resources, the continuation of its high quality service to its
customers, the compliance with existing laws and regulations, and the
protection of Brisnet's reputation as a service provider
compel us to enact the Acceptable Use Policies detailed below.
These
guidelines will be enforced when dealing with complaints from the Internet
community to determine when action should be taken. All Brisnet
subscribers and advertisers are expected to follow these
policies.
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ACCESS TO THE BRISNET
INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS
AND CONDITIONS: |
I.
Warranties / Disclaimers: |
| The Brisnet Internet service
is provided on an "as is, as available" basis. While our intention is to
provide more than adequate bandwidth to support our subscriber base, no
warranties, express or implied, including, but not limited to, those of
merchantability or fitness for a particular purpose, are made with respect
to Brisnet or any information or software therein.
Brisnet
shall have no liability or responsibility for
any direct, indirect, incidental, or consequential damages suffered by you
in connection with your use of or inability to use the Brisnet
services including, but not limited to, damages from loss of
data resulting from delays, non-deliveries, misdeliveries, service
interruptions, or the inadvertent release or disclosure of information
sent by you even if the same is caused by Brisnet's own
negligence.
Brisnet further specifically disclaims to
the full extent permitted by applicable law any responsibility for, and
under no circumstances shall be liable for any conduct, content, goods,
and services available on or through the Internet or through Brisnet
services. In no event shall Brisnet's
aggregate liability exceed the amount paid by you to Brisnet
for Brisnet services. Use of any
information obtained via Brisnet's Internet service is
at the user's own risk.
Brisnet specifically disclaims
any responsibility for the accuracy, safety, or quality of information
obtained through its services.
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II.
Security: |
| The subscriber is responsible for all use of
subscriber's account(s), confidentiality, safety of password(s), and
ensuring file protections are set correctly. Brisnet
retains the right to suspend access or change access to subscriber's
account(s) immediately upon notification by subscriber that subscriber's
password has been lost, stolen, or otherwise compromised.
Brisnet
is not liable for the consequences of any usage of
compromised accounts prior to Brisnet making the
necessary account alteration. No computer system should be considered safe
from intrusion, although electronic mail (e-mail) on this system is as
private as we can make it. E-mail should not be considered a secure means
of communication even if encrypted (which is only as secure as the
encryption method utilised).
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III. Personal Files: |
| Brisnet
is not responsible
for subscriber's personal files residing on Brisnet.
Brisnet reserves the right to delete subscriber's
personal files after one or both parties terminate the service agreement
between Brisnet and subscriber. |
IV.
Non-Transferability of Account: |
| The right to use Brisnet's
Internet service is not transferable, being expressly limited to the
individual or business whose name appears on the account. |
V.
Network Address Ownership: |
| Any network address assignments issued by
Brisnet (i.e., IP address) are the property of
Brisnet and are assigned dynamically. In the event
service with Brisnet is discontinued for any reason,
such addresses will revert to Brisnet. The network
addresses are assigned on a per session basis and are designed to allow
for Web Surfing. This design/assignment of network addresses could effect
(not allow) some games/services (IRC, CU-See Me, web page hosting) that
require a fully qualified address. |
VI.
Compliance with all Laws: |
Subscriber agrees:
- to use the service in a manner consistent
with any and all applicable laws and regulations. Reproduction or
transmission of any material in violation of any local, state, Australia/National., or international law or regulation is
prohibited;
- that any material to be reproduced or
transmitted on Brisnet's service through subscriber's account(s) does not violate or infringe any patent, trademark,
copyright, statutory, common law, or proprietary rights of
others;
- that such material as might be reproduced or
transmitted on Brisnet's service through his/her
account does not contain anything obscene, libelous, or threatening.
Subscriber agrees software intended to facilitate any such violations or
infringements may not be stored on Brisnet;
- at Brisnet's discretion,
not to use Brisnet services or accounts for
inappropriate usage; and
- subscriber shall defend, indemnify and hold
harmless Brisnet from and against any claims,
liabilities and expenses, including reasonable attorneys' fees,
resulting from subscriber's use of the Brisnet service
or subscriber's account(s) in an unlawful manner or otherwise in
violation of or contrary to subscriber's Agreement with Brisnet
or Brisnet's Acceptable Use
Policies.
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VII.
Acceptable Conduct: |
The following usage of Brisnet
resources is deemed acceptable under the terms of
service:
- usage for private personal
communications;
- usage for public communications as suggested
by the charters of USENET newsgroups, and the well-known guidelines
generally accepted by the users and news administrators of
same;
- usage for research or educational purposes;
and
- usage for data communications in accordance
with applicable laws.
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VIII. Unacceptable Conduct: |
The following types of conduct are grounds for
immediate suspension of service pending investigation by Brisnet
and may result in termination of the account(s) determined to
have originated this conduct. In addition, Brisnet
reserves the right, where feasible, to implement technical blocks to
multiple postings by a Brisnet subscriber as described
in (A), (B), (C), and (F) below before such postings are
forwarded:
- violation of any applicable local, state,
federal, or international laws;
- posting identical or substantially similar
articles to an excessive (more than 10) number of newsgroups or
continued posting of articles which are off topic for a newsgroup
(according to the newsgroup charter or which provoke complaints from the
regular readers of the newsgroup for being off topic). Brisnet
will apply a charge of $0.05 per copy for misposted USENET
articles;
- sending unsolicited mass (to more than 15
users) e-mailings which provoke complaints from the recipients. Any
subscriber who perpetrates such unsolicited non-commercial mass
e-mailings shall be subject to a $1,000 service charge, payable to
Brisnet. Unsolicited commercial advertisements are not
allowed in e-mail. Brisnet will apply a charge of $150
per user for unsolicited commercial e-mail;
- engaging in either (a) or (b) from a
provider other than Brisnet while using an account on
Brisnet as a mail drop for responses, or to draw
attention to a web site housed within Brisnet's
networks;
- continued harassment of other individuals on
the Internet after being asked to stop by those individuals and by
Brisnet;
- mail bombing (the transmission of large
volumes of unsolicited e-mail to individuals or to individual business
accounts);
- impersonating another user or otherwise
falsifying one's user name in e-mail, USENET postings, on Internet Relay
Chat (IRC), or with any other Internet service;
- privacy violations: Any attempt to gain
access to any other system or users' private data without express
consent of the user. Such attempts include, but are not limited to,
tricking other people into releasing their passwords, password cracking,
and security hole scanning;
- use of IRC 'bots or
clone bots on
Brisnet. An IRC 'bot is a program which runs and is
connected to an IRC server 24 hours a day, automatically performing
certain actions;
- use of programs or methods that trick our
systems from disconnecting an inactive user after a pre-determined
amount of time (or on deactivation of the Ad Bar), and/or a program that
connects or re-connects the user's session automatically and without
his/her manual intervention;
- network unfriendly activity. Any attempt to
interfere with the regular workings of Brisnet's
systems or network connections or which adversely affect the ability of
other people or systems to use Brisnet services or the
Internet, including, but not limited to:
- any unauthorized attempts by a user to
gain root access or access to any account not belonging to that user
on this or any other Brisnet system;
- any use of this or any other Brisnet
system as a staging ground to disable other
systems.
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IX.
Right to Disconnect Nondedicated Accounts: |
| Brisnet
unlimited
access dial-up connections are not intended to be full-time
dedicated connections and may be disconnected after 15 minutes of
inactivity or after four (4) hours of continuous use. Subscriber agrees
not to use any automatic method to avoid disconnection, to keep the
connection active only when the subscriber is actively using it, and not
to provide public information services over the connection.
Brisnet
reserves the right to impose a restriction on accounts deemed
by it to be in violation of these conditions.
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X.
Excess Utilization of System or Network Resources: |
| Brisnet
flat rate/unlimited
access services are subject to fair use to ensure an enjoyable
internet experience for all subscribers. Where Brisnet
determines that excessive utilization adversely affects Brisnet's
ability to provide service for all subscribers this may result
in immediate action to relieve the problem. In that event, the subscriber
will be notified as soon as is practicable. |
XII.
Monitoring / Privacy: |
| Brisnet
reserves the right
to monitor any and all communications through or with CAIS facilities.
Subscriber agrees that Brisnet is not considered a
secure communications medium for the purposes of the Electronic
Communications Privacy Act, and that no expectation of privacy is
afforded. It may become necessary for Brisnet employees
to examine system accounting logs and other records to determine if
privacy violations or other network unfriendly activities have occurred.
Brisnet
also reserves the right to access a subscriber's
mailbox or other files stored on Brisnet systems to
resolve system problems or mail system errors.
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XIII. Cooperation with Authorities: |
| Brisnet reserves the right
to cooperate with law enforcement and other authorities in investigating
claims of illegal activity including, but not limited to, illegal transfer
or availability of copyrighted material, postings, or e-mail containing
threats of violence or other illegal activity. |
XIV.
Confidentiality of Personal Subscriber Information: |
| Brisnet will not release a
subscriber's personal subscriber information, nor a subscriber's billing
information to any third party except upon presentation of a valid court
order of a government or entity within our jurisdiction. Subscriber agrees
that Brisnet's judgment as to the validity of any court
order of subpoena shall be considered proper and final. |
XV.
Right to Suspend or Cancel Account: |
| Brisnet reserves the right
to suspend or cancel service to a subscriber at any time and without
notice for any reason including, but not limited to, refusal or failure to
pay for services provided or by sole judgment of Brisnet
that the subscriber may be performing activities harmful to Brisnet
or its subscribers, employees, vendors, business
relationships, or any other users of the Internet. |
XVI.
Right to Damages: |
| Brisnet reserves the right
to collect damages (software, hardware, and man hours) if any harm is done
to Brisnet which requires repair or reconfiguration of
any kind. |
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XVII. Other Remedies / Non-Waiver: |
| Nothing contained in these policies shall be
construed to limit action Brisnet may take or remedies
available to Brisnet in any way with respect to any of
the described conduct.
Brisnet reserves the right to
take any additional actions Brisnet may consider
appropriate with respect to such conduct, including, without limitation,
taking action to recover the costs and expenses of identifying offenders
and removing them from the Brisnet service, and levying
cancellation charges to cover Brisnet's costs in the
event of disconnection of dedicated access for the causes outlined above.
In addition, Brisnet reserves at all times all rights
and remedies available to Brisnet with respect to such
conduct at law or in equity. Non-enforcement of any policy or rule herein
does not constitute consent or waiver, and Brisnet
reserves the right to enforce such policy or rule at its sole
discretion.
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XVIII. Right to Change Service: |
| Brisnet reserves the right
to change without notice the Brisnet service, including,
but not limited to, access procedures, hours of operation, menu
structures, commands, documentation, vendors, and services
offered. |
XIX.
Right to Modify Acceptable Use Policies: |
| Brisnet may modify its
Acceptable Use Policies upon notice published on line via Brisnet
's web page. Subscriber's use of Brisnet
services after such notice shall constitute subscriber's acceptance of the
modifications to these policies. |
XX.
Telephone Charges (POP) Local Dial-in Errors Policy |
| It is the responsibility of the subscriber to
verify with their local telephone company their correct access number to
insure a local connection
Brisnet
assumes no liability
for Telephone charges incurred by users for incorrectly entering a local
access number in their computer. Brisnet does not pay for the
cost of connecting to our POPs under any circumstances. In addition,
Brisnet will not reimburse customers for Telephone
charges under the following conditions:
failure to adequately install our software
product;
improperly entering the local access
number;
- improperly obtaining a local access number
from the Readme File or the Brisnet technical support
pages;
- improperly obtaining a local access number
from Customer Service or any other Brisnet
employee;
- improperly obtaining a local access number
from the technical insert provided with the software upon receipt of the
product.
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