Revised February 16, 2004
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that NetVigour cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because NetVigour cannot monitor or censor the Internet, and will not attempt to do so, NetVigour cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that NetVigour does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over NetVigour's network and may reach a large number of people, including both subscribers and non-subscribers of NetVigour, subscribers' postings to the Internet may affect other subscribers and may harm NetVigour's goodwill, business reputation, and operations. For these reasons, subscribers violate NetVigour policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward NetVigour, but also because it can overload NetVigour's network and disrupt service to NetVigour subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NetVigour has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. NetVigour is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. NetVigour's policy is to cancel the privileges of customers who commit repeat violations of copyright laws.
Using NetVigour's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. NetVigour is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through NetVigour's network.
Using NetVigour's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
NetVigour reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the TUP.
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that NetVigour determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. NetVigour will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with NetVigour policy or applicable law. When NetVigour becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
NetVigour also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching NetVigour's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. NetVigour does not require its subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of its subscribers. NetVigour has the right to directly take action against a customer of a subscriber. Also, NetVigour may take action against the NetVigour subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, NetVigour anticipates that subscribers who offer Internet services will cooperate with NetVigour in any corrective or preventive action that NetVigour deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NetVigour policy.
NetVigour also is concerned with the privacy of online communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NetVigour urges its subscribers to assume that all of their on-line communications are insecure. NetVigour cannot take any responsibility for the security of information transmitted over NetVigour's facilities.
NetVigour will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. NetVigour may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NetVigour may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. NetVigour assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, NetVigour may disclose subscriber information or information transmitted over its network where necessary to protect NetVigour and others from harm, or where such disclosure is necessary to the proper operation of the system.
NetVigour expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate NetVigour policy. Finally, NetVigour wishes to emphasize that in signing the service agreement, subscribers indemnify NetVigour for any violation of the service agreement, law, or NetVigour policy, that results in loss to NetVigour or the bringing of any claim against NetVigour by any third-party. This means that if NetVigour is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against NetVigour, plus costs and reasonable attorneys' fees.
We hope this TUP is helpful in clarifying the obligations of Internet users, including NetVigour and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this TUP should be sent to email@example.com.