In choosing to use Xplornet Internet Services (the "Service"),
you agree that you will not initiate or participate in any of the
following activities through or in connection with the Service,
which constitute examples of improper use of the Service and
therefore are prohibited. Engaging in one or more of these
practices may result in suspension or termination of your access to
and use of the Service. You may not:
- Use the Service for illegal purposes or for the transmission of
material that is known to be false, unlawful, harassing, libelous,
defamatory, profane, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, sexually explicit, hateful
or otherwise objectionable; to post material, non-public
information about companies, without the authorization to do so; to
post or transmit third-party copyrighted information or in any way
infringe on the intellectual property, contractual, or fiduciary
rights of others; for the transmission of junk mail or chain
letters, or to distribute bugs, viruses or such other harmful
elements; to post improper messages; or to violate the letter or
spirit of the End User Agreement, which is available at www.xplornet.com;
- Post messages substantially similar in content to ten (10) or
more news groups, forums, automated e-mail lists or other similar
groups or lists (each a "List") or intentionally post to any List
any content or information that violates or is otherwise in
consistent with the terms of use or other owner published
description of the group or List;
- Send any spam, unsolicited mass distribution of e-mail or other
solicitations, or otherwise unsolicited e-mail. Except as otherwise
defined under applicable law; "unsolicited e-mail" does not include
any message (i) addressed to an individual with whom the sender has
a pre-existing and ongoing business or personal relationship, (ii)
received from a noncommercial organization or entity of which the
individual is a pre-existing member or (iii) posted to a List that
does not otherwise violate this policy;
- Falsify member information provided to Xplornet or to users of
the Service in connection with use of the Service or impersonate
someone else, including but not limited to either a Xplornet
employee or non-employee serving with Xplornet's authorization as a
chat moderator;
- Engage in any of the foregoing activities by using the service
of another provider, but channeling such activities through a
Xplornet account or using a Xplornet account as a mail drop for
responses or otherwise using the services of another provider for
the purpose of facilitating the foregoing activities if such use of
another party's service could reasonably be expected to adversely
affect the Service;
- Use the Service for commercial purposes; resell, share or
otherwise distribute the Service or any portion thereof to any
third party; or provide network services to others via the
Service;
- Improperly restrict, inhibit, or degrade any other member's use
of the Service, or restrict, inhibit, disrupt, degrade or impede
Xplornet's ability to deliver the Service and monitor its delivery
of the Service;
- Install automated search and retrieve programs or similar
automated and manual routines, which generate excessive amounts of
net traffic;
- Engage in any activity that compromises or threatens Xplornet's
ability to provide the Service in a reasonable and efficient
manner. Examples of prohibited use include, but are not limited to,
running servers for mail, http, ftp, irc, and multi-user
interactive forums, and providing Internet access to others through
a dial-up connection, multi-user interactive forums, or similar
means;
- Engage in any other activity which is in violation of law, or
threatens the integrity of any computer system, or violates
generally accepted standards of Internet conduct and usage,
including but not limited to denial of service attacks, web page
defacement, port and network scanning and unauthorized system
penetrations.
Xplornet reserves the right to implement technical mechanisms
which block postings and messages which, in Xplornet's sole
discretion, violate this policy before they are forwarded or
otherwise sent to their intended recipients. Xplornet also reserves
the right to take such action as may be necessary to protect the
integrity of the system, including, but not limited to, limiting
the amount of emails that can be sent in specific time periods,
regular system monitoring, as well as port scanning and shutting
down of ports affected by viruses, worms or other malicious code
and disclose any information concerning users necessary to satisfy
any law, regulation or lawful request.
Users are prohibited from violating any system or network
security measures including but not limited to engaging in
unauthorized access or use of Xplornet's or a third party's
network, data or information. Users are unauthorized to monitor
Xplornet's or third party's data, systems or network traffic. Users
are prohibited from interfering with the provision of service to
any user, host or network by any means including without
limitation, mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks. Users are prohibited from forging
any TCP-IP packet header or any part of the header information in
an e-mail or newsgroup posting.
Neither Xplornet nor any of its affiliates attempt to censor or
monitor the use of the Service by the Customer or User and except
as provided herein, have no control over such use. The User of the
Service assumes total responsibility and risk for access to or use
of Content and for the use of the Service.
Xplornet does not guarantee privacy to users of the Service.
Xplornet therefore recommends that the Service not be used for the
transmission of confidential information.
Nothing contained in this policy shall be construed to limit
Xplornet's rights or remedies in any way with respect to any of the
foregoing activities, and Xplornet reserves the right to take any
and all additional actions that it may deem appropriate with
respect to such activities, including without limitation,
investigating suspected violations of this policy, taking action to
recover the costs and expenses of identifying offenders and
terminating their access to and use of the Service, and levying
cancellation charges to cover Xplornet's costs in the event of
termination of access to the Service. In addition, Xplornet
reserves at all times all available rights and remedies with
respect to such activities at law or in equity.
This policy may be clarified or modified periodically. Any
member who does not agree to abide by all of the terms of this
policy should not continue to use the Service.
The failure of Xplornet to enforce this Policy, for whatever
reason, shall not be construed as a waiver of any right to do so at
any time.
If any portion of this Policy is held invalid or unenforceable,
that portion will be construed consistent with applicable laws as
nearly as possible and the remaining portions will remain in full
force and effect.