Accepable
Use Policy
1.1
When you use the Services for Internet access, you must protect
the WinBeam network by either disabling or password protecting
file and print sharing on your computer(s) or have a firewall
solution that prohibits unauthorized access to your computer.
When using the Service, you may not:
1.1.1
restrict or inhibit any other user from using the Internet;
1.1.2
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, vulgar, obscene, indecent, profane, hateful, bigoted
or otherwise objectionable information of any kind, including
without limitation any transmissions, constituting or encouraging,
conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state,
national or international law, including without limitation
U.S. export control laws and regulations;
1.1.3
post or transmit any information or software that contains
a virus, trojan horse, worm or other harmful component;
1.1.4
post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained
through Services for commercial purposes;
1.1.5
upload, post, publish, transmit, reproduce, or distribute
in any way, information, software or other materials, or other
proprietary right, or derivative works without obtaining permission
of the copyright owner or rightholder;
1.1.6
upload, post, publish, reproduce, transmit or distribute in
any way any component of the Services or derivative works,
as Services are copyrighted as a collective work under U.S.
copyright laws;
1.1.7
remove or alter copyright management information including,
without limitation, name or identification information of
the author or owner, copyright note or terms & conditions
for use of a work;
1.1.8
avoid, bypass, remove, deactivate or circumvent by any means,
any process or system such as copy protection systems that
are intended to protect the rights of a copyright owner;
1.1.9
send unsolicited E-Mail that causes complaints from the recipients
of the unsolicited E-Mail ;
1.1.10
send large quantities of unwanted or unsolicited E-Mail to
individual E-Mail accounts (also known as "spamming"
or "mailbombing");
1.1.11
make any unauthorized attempt to gain access to any account
or computer resource not belonging to that user
1.1.12
attempting to send E-Mail or newsgroup articles or postings
using a name or address of someone other than yourself, attempting
to impersonate any person or using forged headers or other
identifying information.
1.1.13
engage in conduct which interferes with WinBeam's
ability to provide the Services or interferes with the rights
of others including, but not limited to hacking, circumvention
of user authentication or security of any host network, or
account, "denial of service" attacks (port scans,
flooding of networks, deliberate overload attempts, etc.);
1.1.14
scan or probe the security of the WinBeam or any other network
for any purpose whatsoever by the use of packet sniffers,
siphons, decoders or other methods;
1.1.15
obtain or attempt to obtain Services by any means or device
with intent to avoid payment;
1.1.16
unauthorized access, alteration, destruction, or any attempt,
of any information of any WinBeam customers or end-users by
any means or device;
1.1.17
use WinBeam's products and services to interfere
with the use of the WinBeam network by other customers or
authorized users;
1.1.18
violate the law or aid another in any unlawful
act;
1.1.19
resell the Services or any other WinBeam service
to any third parties without prior express written consent
from WinBeam;
1.1.20
engage in any commercial or business activities using a residential
account without prior express written consent from WinBeam;
1.1.21.
run programs or servers that provide network services to others
through the Services which includes, but is not limited to,
web hosting, multi-user interactive forums, game servers,
operating an internal mail/http/ftp/irc/dhcp server to serve
external connections or support multi-user interactive forums;
1.2
You are responsible for ensuring that your usage of the Services
does not improperly restrict, degrade or adversely affect
any other user's use of the Services, nor represent, in WinBeam's
sole judgement, an unusually large burden on the network itself.
You must comply with the then current bandwidth, data storage
and other limitations on the Services. If WinBeam determines
that your account is exceeding the bandwidth limits, you will
be notified by mail or E-Mail . If the excess use continues
for more than 10 days, the Services may be suspended or terminated.
If excessive bandwidth utilization is determined by WinBeam
to adversely affect WinBeam's ability to provide the Services
for its other customers, immediate action may be taken to
alleviate the problem. In such event, you will be notified
by mail, phone call or E-Mail as soon as practicable.
1.3
Except for information, products or services clearly identified
as being supplied by WinBeam, WinBeam does not operate or
control any information, products or services on the Internet.
1.4
The Internet contains unedited materials that may be offensive
or objectionable to you. You access these materials at your
own risk. WinBeam has no control over and accepts no responsibility
for these materials. Customer may wish to utilize software
designed to limit access to certain material on the Internet.
1.5
YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL
AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES
AND PROFITS, ATTORNEY'S FEES, COSTS, OR THE COURT MAY AWARD
STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY
CAN ALSO INCLUDE FINES AND IMPRISONMENT.
1.6
WinBeam may take any action it deems appropriate without notice
to protect the Services and its facilities for provision of
the Services. If WinBeam denies you access to the Services
pursuant to this Section, you will have no right: (i) to access
through WinBeam any materials stored on the Internet, or (ii)
to access third party services, merchandise or information
on the Internet through WinBeam, and WinBeam will have no
responsibility to notify any third-party providers of services,
merchandise or information nor any responsibility to any consequences
resulting from lack of notification.
1.7
WinBeam has no obligation to monitor the Services. You agree
that WinBeam has the right to monitor the Services electronically
from time to time, and you consent to WinBeam's access, use
and disclosure of any information as necessary to satisfy
any law, regulation or other governmental request, to operate
the Services properly, to improve the Services, or to protect
itself or its customers. WinBeam reserves the right to refuse
or to remove any information or materials, in whole or in
part, that in its sole discretion are unacceptable, undesirable,
or in violation of this Agreement.
1.8
If you wish to make purchases on the Internet, you may be
asked by the merchant or service provider from whom you are
making the purchase to supply certain information, including
credit card or other payment mechanism information. You agree
that all information you provide any merchant or information
or service provider on the Internet for the purposes of making
purchases will be accurate, complete and current. The merchants
and information and service providers offering merchandise,
information and services on the Internet set their own prices
and may change prices or institute new prices at any time.
You agree to pay all charges incurred by users of your account
and credit card or other payment mechanism at the prices in
effect when the charges are incurred. You also will be responsible
for paying any applicable taxes relating to purchases on the
Internet.
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