Long Island Web Services Inc.
Acceptable Use Policies
Thank you for choosing Long Island Web Services, Inc. as your Internet Service Provider.
It is Long Island Web Services' goal to protect network resources, preserve the security of our network and connecting networks, and preserve the good standing of Long Island Web Services within the Internet Community.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Long Island Web Services reserves the right at all times to prohibit activities that damage its commercial reputation and good standing within the Internet Community.
When using Long Island Web Services, please be aware that the following Acceptable Use Policies apply at all times. These Policies have been developed in order to ensure that you and all other Long Island Web Services' customers have a high quality service that is being used appropriately by all customers. By establishing and using your Long Island Web Services account, you agree to all of the Policies set out in this document.
1. General Terms and Policies. Long Island Web Services is a private company providing a commercial gateway to the Internet. Long Island Web Services' equipment and facilities may be used to host servers, send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise use all legal aspects of the Internet, subject to these Policies (referred to in this document as "the Service.")
This service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Policies. If you do not agree to be bound by these Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
2. Coverage. If you are an individual Subscriber, these Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all of your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
3. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Long Island Web Services to suspend or terminate your account. You agree that Long Island Web Services has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); the suspension or termination which will result from spamming is entirely separate from and in addition to the fees which will be placed on your account due to such activity;
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access and/or intercept an account of which you are not the owner or a communication on which you are not the sender or intended recipient;
d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;
e. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass posting to large numbers of USENET groups;
f. Using the Service to promote or solicit competing Internet services;
g. Using the Service for unauthorized relays through any third party systems;
h. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
i. Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;
j. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s) or their connectivity, including but not limited to syn flood attacks and smurfing,
k. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);
l. Using the Service to forward or post "chain letters" (multipleforwarding) of any type;
m. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
n. Engaging in harassment, whether through language, frequency, or size of messages;
o. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
4. Long Island Web Services is concerned that many forms of Internet gambling could violate state, federal, and foreign anti-gambling laws. Some forms of Internet gambling may lead to violations of the Interstate Wire Act, a federal criminal statute enacted to combat the placement of bets by telephone and telegraph. Moreover, at least three states - Minnesota, New York, and Florida - have stated formally that Internet gambling may violate their states' laws.
Accordingly, Long Island Web Services has decided not to provide web-site hosting or Internet access services to entities engaged in Internet-based gambling or other wagered activities which are determined to be illegal. Long Island Web Services Internet Services and its employees are forbidden from aiding, advising, counseling, conspiring with, or providing service to an entity offering illegal gambling, gaming, or other illegal activities over the Internet.
5. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Long Island Web Services as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
6. Intellectual Property. Long Island Web Services does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If Long Island Web Services is informed of an alleged copyright or trademark infringement on the Service, Long Island Web Services will attempt to notify the affected Subscriber(s) of those allegations and secure a response. Long Island Web Services may, at its sole discretion, remove on a temporary or permanent basis, materials that Long Island Web Services believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against Long Island Web Services for any such removal.
7. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Long Island Web Services, neither Long Island Web Services nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Long Island Web Services neither endorses nor is responsible for the accuracy of such material, and you agree that Long Island Web Services is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on Long Island Web Services' equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Long Island Web Services and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service which results in damages to Long Island Web Services as a result of any spamming or other violations of this Acceptable Use Policy. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Long Island Web Services may pursue any such claims against you in District Court in Suffolk County, New York.
8. Warranty. LONG ISLAND WEB SERVICES MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY LONG ISLAND WEB SERVICES OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY LONG ISLAND WEB SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; LONG ISLAND WEB SERVICES DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. LONG ISLAND WEB SERVICES DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
9. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Long Island Web Services has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
10. Privacy. Long Island Web Services commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Long Island Web Services will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive, unless any such information is publicly available. Long Island Web Services may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. Long Island Web Services may provide aggregate data on Subscribers to third parties.
11. Disputes. You agree that any dispute between you and Long Island Web Services arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Long Island Web Services will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association's office in Suffolk County, New York. The arbitration must be held in Suffolk County, New York, and the arbitrator must be a person with experience in online services operation or law.
12. Changes. These terms of service and acceptable use policies may be changed at any time and for any reason by Long Island Web Services. Revised terms and policies will be posted at http://www.liweb.net/. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform info@liweb.net at once, and your account will be closed, with a refund of any unused portion of your billing, less applicable termination fees, as of the date of account closure.
