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By using our services you agree to the following:
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PIXIUS COMMUNICATIONS, LLC.
Acceptable use policy 7/19/04
I. Definitions
- Subscriber - any patron or visitor of PIXIUS COMMUNICATIONS, LLC.
- Statements - any message, macro, action words, pages, whispers, registry information and system broadcasts.
- Moderator - staff and customer's that have been chosen to monitor and/or assist with operations of PIXIUS COMMUNICATIONS, LLC.
- Derogatory statements - spiteful, foul, or insulting statements directed towards others. This includes but is not limited to statements directed towards another users' character, physical characteristics, religion, gender, sexual orientation, sexual preference, intelligence, ethnic background or age. Messages or statements that are intended to annoy, disrupt or harass others. (this includes the use of macros or action statements)
- Profane/obscene statements - suggestive, lewd, vulgar, indecent words, groups of words or expressions.
- Access - the right to use our service as available.
Account types:
H. Monthly accounts (unmeasured access) - a monthly account that does not measure access for billing purposes.
II. Purpose - the primary purpose of PIXIUS COMMUNICATIONS, LLC is to provide data communications services to our customers. We cannot guarantee the privacy of our user's e-mail and files, however, we do our best to maintain a secure environment and we are personally dedicated to the privacy of our users. We will never intentionally read a user's e-mail except under the following circumstances: (1) to protect ourselves or other users from injury or damage if we have reasonable cause to believe that a user is involved in any activity which could cause our system(s) to be seized by authorities. (2) if any electronic activity is connected with illegal acts, we may disclose it to authorities to protect our system, our users, and ourselves.
Any process that a user may have running while not logged into our system is subject to termination. If you have a specific need or desire to run a process while not on-line you must contact us first.
Advertising on the Internet is a touchy subject and can create an overwhelming negative response. There are a variety of effective methods of advertising without bringing down the wrath of the net on you or us. Please contact us if you wish to put any type of ad on the Internet.
Iii. Customer account information - PIXIUS COMMUNICATIONS, LLC will not release any account information to anyone, including that which may be found on-line. False information may result in termination of a customer's account. Those under the age of 18 years old will not be given access to the Internet without the signature of a parent or legal guardian.
IV. Derogatory/profanity/obscenity statements - no derogatory/profane/obscene statements of any kind are allowed within a public area. These statements will only be allowed within private chat areas. Engaging in the use of derogatory, profane or obscene statements outside the private chat areas may result in immediate termination without notice.
V. Criminality - illegal activities within any area, (including private chat) is expressly forbidden. Such activity will result in the termination of your account, and potential criminal prosecution. Engaging in sexual or lewd conversations with minors or minors engaging in sexual or lewd conversation is absolutely forbidden. Any customer engaging in these activities will be terminated without notice. If you are not certain of another customer's age, don't take the chance.
VI. Statement restrictions - personal arguments or bickering are allowed only in private chat areas. Encrypted statements may only be used in private chat areas. The use of languages other than English should be restricted to private chat areas. All publicly posted messages become the sole property of PIXIUS COMMUNICATIONS, LLC. PIXIUS COMMUNICATIONS, LLC reserves the right to edit, delete, monitor/record or remove any statement (s) they determine to be derogatory, profane, non-topical, or otherwise inappropriate.
VII. File libraries, www/ftp space - PIXIUS COMMUNICATIONS, LLC offers only files that are intended for distribution under the shareware concept or are public domain. It is our policy not to accept upload(s) of any commercial or copyrighted materials. All files downloaded are at the risk of the customer. It is the responsibility of the customer to check each file for the presence of computer viruses and trojans. PIXIUS COMMUNICATIONS, LLC shall not be held responsible for: direct or consequential damages resulting from the use or inability to use, loss of any online time, time, or any other direct or indirect liability resulting from the functionality, or lack thereof of any software or files acquired from PIXIUS COMMUNICATIONS, LLC. No adult material of any kind is allowed in any file library, web or ftp space. If you wish to upload files that may be questionable or not viewable by children then do not upload the file(s) to our servers. All files placed in your www/ftp space are publicly readable. If you do not want it downloaded by the public then don't post it in your www/ftp space.
VII. a. - Personal www/ftp space is for "personal" use. Personal www/ftp space is not to be used to host a business site. Any site that is used to generate revenue is NOT considered "personal" and may be removed without notice. All personal www/ftp space is limited to 20mb of disk storage. Any usage over 20mb may be removed without notice.
VII. b. - Business www/ftp space can be used to host revenue generating sites but is still restricted to the terms stated in section VII. www/ftp space is limited by the hosting plan you chose.
VIII. Unauthorized access to account - unauthorized use of PIXIUS COMMUNICATIONS, LLC is a violation of federal and Kansas state law. Unauthorized use includes but is not limited to, accessing another customer's account. Unauthorized access to an account may result in heavy fines, confiscation of your computer equipment, and possible jail sentence. You are responsible for all activities on your account including, but not limited to messages posted or sent. The owner of a PIXIUS COMMUNICATIONS, LLC account will suffer any penalties or consequences as listed in section XI below. PIXIUS COMMUNICATIONS, LLC is not liable for any unauthorized use of any account, nor the results thereof.
IX. Illegal activities- illegal activities on PIXIUS COMMUNICATIONS, LLC will result in account termination. In the event PIXIUS COMMUNICATIONS, LLC is contacted by any law enforcement agency, we will cooperate with authorities in any investigation and/or prosecution. PIXIUS COMMUNICATIONS, LLC will provide all available information to law enforcement agencies in its possession. This includes, but is not limited to, account information, audit records, and other electronically stored information.
X. Sanctions and penalties - we reserve the right to terminate or suspend a users account without notice. The following procedures will apply as consequences for violations of the terms and conditions and/or statement of purpose and acceptable use policy:
Warnings - PIXIUS COMMUNICATIONS, LLC will notify a customer when the terms and conditions and/or the statement of purpose and acceptable use policy have been violated. You will receive a copy of the acceptable use policy and issued a formal warning.
Termination - anyone who continues to violate the terms and conditions and/or the acceptable use policy or disrupts business after one warning, may be terminated without notice. Reasons for suspension or termination may include:
(1) breaching, or attempting to breach security on any system or network without written authorization of those responsible for said system(s) or network.
(2) forging e-mail or news articles. That is, attempting to make articles or e-mail appear to come from someone or somewhere they do not originate.
(3) propagating chain letters via e-mail, Usenet news, or other Internet services.
(4) spamming. A simple definition of spamming is sending people messages they don't want and for which they didn't ask. Whether it is sending unsolicited commercial e-mail (uce), making mass postings to Usenet news, or sending out the address of your web page via mass unsolicited e-mail, spamming will not be tolerated.
(5) sharing your account. There is nothing wrong with letting someone read news over your shoulder, or showing someone around the Internet, however, you must not share your user id and password with others. Immediate suspension or termination may result.
(6) extreme violation of netiquette. The Internet is frequently described as the last forum for free speech. People regularly clash over such matters as race, religion, sexual preference, and political standing. It is difficult to be on the net for any length of time without being offended by someone. It is also quite possible to do the offending.
We will investigate any complaints we receive. We may suggest a more appropriate newsgroup or forum to a user, or perhaps a different approach. If a user is disrupting a newsgroup or other network simply for the sake of being disruptive we may take additional action.
If a user's presence on our system jeopardizes our primary purpose, we may suspend or terminate that user's account. PIXIUS COMMUNICATIONS, LLC is not responsible for any credits, benefits, or game contest standing lost because of a customer's probation, suspension, or termination. Each member of PIXIUS COMMUNICATIONS, LLC staff has the ability to issue warnings. Termination of an account is subject to management review.
XI. Statement of ownership - PIXIUS COMMUNICATIONS, LLC is a Kansas Limited Liability Company. We are a privately owned and operated data communications service provider. PIXIUS COMMUNICATIONS, LLC is not a public information resource, and the general public is not extended any privileges or rights of access to any of its services or functions. All resources, programs, files, hardware, and data are the sole property of PIXIUS COMMUNICATIONS, LLC. PIXIUS COMMUNICATIONS, LLC reserves the right to extend or deny any or all of its services at any time. PIXIUS COMMUNICATIONS, LLC also reserves the right to make any changes or modifications to the statement of purpose and acceptable use policy at any time without prior notification.
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