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Made on a Mac
 
NileNET Acceptable Use Policy & User Contract
A. Introduction
  We start every new caller relationship with a contract. It spells out what you can expect from us, and what we expect from you. We do not know each caller personally, so it is important to set out the ground rules clearly in advance.

If you agree to what you read below, welcome to NileNet!

If you have any questions about any part of the contract, please send us an e-mail message (to support@nilenet.com), or call the technical support number (303-825-1950). We will be glad to explain why these contract provisions are important for our system. We are willing to work with you on making changes if you can show us you have a better approach

B. Price and Payment
 

(1) Price

Information regarding our prices can be found on our Services and Pricing sheet or online at our web page http://www.nilenet.com/nilenet/ServicesAndPricing.php.

  • We can change the prices and fees at any time. All price changes will be announced in the nilenet.announce newsgroup, or the NileNet Announce mailing list, 30 days in advance.

(2) Payment

  • You may pay by check or by credit card. You will be given the opportunity to choose the payment method on the enclosed User Agreement.
  • If you choose to pay by credit card, we will automatically bill the amount due to your credit card account on the 1st of the month. (I.E. June's Access fees will be billed on the 1st of June).
  • If you choose to pay by check we will send you an invoice on the 1st of the month. Payment is due by the 20th of the month.
  • Returned checks or Electronic Payments are subject to a $20.00 Returned Item Charge.
  • Accounts over 10 days past due will be suspended. Past due accounts will be assessed a $5.00 late fee. There is a $20.00 fee to restore service after an account has been suspended.
  • Cancellations must be made in writing, either by USPS or e-mail (to support@nilenet.com). Customers who cancel new accounts will receive a refund of unused access fees. Setup fees are not refundable.
C. System Rules
 
  • Feel free to express yourself, but do not do anything to injure or harm others. In particular, if you dislike someone else's ideas, you can attack the ideas, but not the person.
  • We want people to speak freely on our system. But if you misuse that freedom to abuse others, we will take the liberty of cutting that discussion short.
  • Using our Internet Email and News servers to distribute unsolicited, commercial messages is expressly prohibited. As well, you are not permitted to send unsolicited commercial messages to other Internet Email and News servers while you are connected to our system.
  • Do not use our system for anything that might be illegal. This system may not be used to encourage any thing to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes.
  • People sometimes have trouble figuring out whether certain activities are illegal. It's usually not that hard. If it's illegal out there, it's illegal on NileNet.
  • Using an online service to commit a crime does not make it less of a crime. In fact, if you use an online service to commit a crime, you're exposing others on the system to legal risks that should be yours alone.
  • If you genuinely do not know whether something you'd like to do is legal, or illegal, discuss it with us before you proceed. And if we tell you we do not want you to pursue your plans on our system, you must respect our decision.
  • Respect the security of our system. Do not try to gain access to system areas private to ourselves, or to other callers. Some callers try to crack system security just to show it can be done. Don't try to demonstrate this on our system.
  • Our non-dedicated accounts are meant to be used in an interactive, dial-up basis only.
  • Running a server with our non-dedicated accounts is not permitted.
  • Running programs such as "keepalive" or any other program intended to circumvent the idle timeout is not permitted with our non-dedicated accounts.
  • Signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others.
D. Privacy
 

We offer private electronic mail on our system as a service to our callers. We will endeavor to keep all of your e-mail private, viewable only by you and the person to whom you address it, except:

  • We, as system administrators, may need to look at your electronic mail if we believe it is necessary to protect ourselves or other callers from injury or damage. For example, if we have reason to believe a caller is involved in illegal activities, which could lead the authorities to seize or search our system, we may review his or her electronic mail for our own protection. We will not, however, monitor electronic mail unless we believe it is being misused.
  • We will not deliberately disclose electronic mail to other callers. If we believe certain electronic mail is connected with illegal activities, we may disclose it to the authorities to protect our system, ourselves, and other callers.
  • Remember that the person to whom you send electronic mail is not legally required to keep it secret. The sender or receiver of electronic mail has the right to make it public.
  • If the authorities ever search or seize our system, they may gain access to your private electronic mail. In that case, we cannot assure they will not review it. Remember that you have personal rights of privacy that even the government cannot legally violate, though you may have to go to court to enforce those rights.

E. Ownership of Materials

 

You shall retain all rights to all original messages you post and all original files you upload. Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any messages or files unless you own them, or you have the full authority to transmit them to this system.

We own certain things you will find on this system, including the name of our system, and the collective work copyright in sequences of public messages on our system. You cannot reproduce any message thread from our system, either electronically or in print, without our permission and the permission of all participants in the thread. This is not a complete list. Other things on the system are also our property. Before you copy anything from our system with plans of reproducing it or distributing it, contact us about it.

F. Limitation of Liability and Indemnity
 

The great danger for us, and for all operators of online services is that we might be held accountable for the wrongful actions of other people. If one person libels another person, the injured person might blame us, even though the first person was really at fault. If a person uploads a program with a computer virus, and other persons' computers are damaged, we might be blamed. If a person transfers illegal credit card information to another person through private electronic mail, we might be blamed even though we did nothing more than unknowingly carry the message from one person to another.

We did not start this service to take the blame for others' actions, and we cannot afford to operate it if we must take that blame. Accordingly, we need all callers to accept responsibility for their own acts, and to accept that an act by another person that damages them must not be blamed on us, but on the other party. These needs are accomplished by the following paragraph:

You agree that we will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us our our system by other callers or third parties.

G. Choice of Law
  Our online service can be reached by people from around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own state and country, Colorado USA, will apply to all matters relating to this Agreement and to our Internet services. In addition, you agree and consent that if there is ever any legal action against us, the courts of our own state and country, Colorado USA, will have exclusive jurisdiction and be the exclusive venue for any such legal actions.
H. General
 

This agreement is the entire understanding between you and us regarding your relationship to NileNet. If either you or we fail to notify the other of any violations of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement.

We will make every effort to make sure that the system, and all services are available 100% of the time. We will make every effort to notify users in advance if the system and/or services, will be unavailable. However, from time to time the system, or some services, may be unavailable due to events beyond our control.

We reserve the right to discontinue, or revise any or all services at our sole discretion. We will provide 15 days notice to such changes via the nilenet.announce newsgroup, and the NileNet Announce mailing list. Your continued use of our service indicates your acceptance of these terms and conditions.

  Direct questions and comments to support@nilenet.com.
© 1996-2003 NileNet, Ltd.
Last Modified: 02/3/08 01:04 PM/nilenet/AUP.php