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cyberMIND's Web Hosting Acceptable Use Policy
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 Web Hosting Agreement.
2. Acceptable Use Policies
The following constitute violations of cyberMIND's Policy:
2.1. 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:
2.1.1. Unauthorized copying of copyrighted material including,
but not limited to, digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and copyrighted
2.1.2. Exporting software or technical information in violation
of U.S. export control laws.
2.1.3. Posting or emailing of scams such as 'make-money-fast'
schemes or 'pyramid/chain' letters.
2.1.4. Threatening bodily harm or property damage to individuals
2.1.5. Making fraudulent offers of products, items, or services
originating from your account.
2.1.6. 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.
2.1.7. The unauthorized use of a person's name or likeness.
2.2. 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.
2.2.1. 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.
126.96.36.199. 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).
188.8.131.52. 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.
184.108.40.206. 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
day 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 day. 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.
2.3. 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.
2.4. Forging any message header, in part or whole, of any
electronic transmission, originating or passing through cyberMIND's
2.5. Distributing viruses to or from cyberMIND's Service.
2.6. 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).
2.7. Cross-posting advertisements for products, items, or
services to ten (10) or more unrelated USENET newsgroups.
2.8. 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.
2.9. Disrupting any newsgroup with frivolous, excessively
vulgar, or repetitious postings.
2.10. 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.
2.11. 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.
2.12 Posting or therwise providing non-acceptable content.
Examples of non-acceptable content or links:
Hackers programs or archives
Mp3 if being illegally distributed
We will be the sole arbiter as to what constitutes a violation
of this provision.
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
2.14 Traffic Guidelines: Due to the unique resource characteristics
and traffic patterns associated with certain types of sites,
the following are limited to 3 gigs of free traffic:
Shareware, sound, video, image and multimedia archives
Any site whose primary purpose is file distribution
2.15 CGI Scripts
Each account comes with its own cgi-bin. You are free to use
any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation
without prior warning.
2.16 Chat Rooms
We do not allow clients to install their own chat rooms. These
tend to be large system hogs and we cannot allow it as an
account option. We do provide a choice of Java chat rooms
for a small extra charge that will more than fill your needs
and run without hindering the performance of the machine for
2.17 Background Running Programs
Background daemons in general are prohibited, we will consider
requests on a one on one basis. If allowed extra charges will
be assesed based on resources on system maintainence needed.
We currently do not allow IRC or IRC bots to be operated on
2.19 Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination
address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. Advertising sites
on other servers which in turn contain links to a domain on
our servers is prohibited. We consider spam any mass unsolicited
message in the mediums of Newsgroups and Email. If you are
found to have spammed, then we will immediately, without warning,
disable your domain. In addition, we will impose a $100 penalty
for each spam policy violation. We reserve the right to refuse
or cancel service to known spammers. Lastly, we reserve the
right to determine what violates this policy.
As such, any violation will result in immediate deactivation
of services without refund.
2.20 Server Abuse:
Any attempts to undermine or cause harm to a server is strictly
Content: All services may be used for lawful purposes only.
Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal,
State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be
threatening, obscene, demeaning to others, or material protected
by trade secret and other statute. The subscriber agrees to
indemnify and hold us harmless from any claims resulting from
the use of the service which damages the subscriber or any
other party. Pornography and sex-related merchandising are
prohibited on all servers. This includes sites that may infer
sexual content, or link to adult content elsewhere. This is
also true for sites that promote any illegal activity or content
that may be damaging to our servers or any other server on
the internet. Links to such materials are also prohibited.
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. Customer agrees
that it shall defend, indemnify, save and hold cyberMIND harmless
from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against cyberMIND,
its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, it's
agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless cyberMIND against liabilities arising out
of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with cyberMIND
server; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement.
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).
6. Refusal of Service
We reserve the right to refuse or cancel service at our sole
cyberMIND will not be responsible for any damages your business
may suffer. cyberMIND makes no warranties of any kind, expressed
or implied for services we provide. cyberMIND disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, and any
and all service interruptions caused by cyberMIND and its
employees. cyberMIND reserves the right to change or update
policies without notice
If any terms or conditions are failed to be followed it may
result in account deactivation.