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cyberMIND's Web Hosting Acceptable Use Policy

1. Introduction
cyberMIND supports the free flow of information and ideas over the Internet. cyberMIND does not actively monitor nor does cyberMIND exercise editorial control over the content of any Web site, electronic mail transmission, mailing list, newsgroup, or other material created or accessible over cyberMIND's Service. However, cyberMIND reserves the right to remove any materials that, in cyberMIND's sole discretion, are potentially illegal, may subject cyberMIND to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of your cyberMIND Service. This Policy should be read in conjunction with cyberMIND Web Hosting Agreement.

2. Acceptable Use Policies
The following constitute violations of cyberMIND's Policy:

2.1. Using cyberMIND's Service for illegal purposes or in support of illegal activities. In accordance with Section 5 of the Internet Access Agreement, cyberMIND reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
2.1.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
2.1.2. Exporting software or technical information in violation of U.S. export control laws.
2.1.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
2.1.4. Threatening bodily harm or property damage to individuals or groups.
2.1.5. Making fraudulent offers of products, items, or services originating from your account.
2.1.6. Attempting to access the accounts of others, or attempting to penetrate security measures of cyberMIND's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
2.1.7. The unauthorized use of a person's name or likeness.

2.2. Harassing others by 'mail-bombing' or 'news-bombing.' 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.
2.2.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.
2.2.1.1. Subscribers acknowledge that they are expressly prohibited from utilizing cyberMIND's Service, cyberMIND's equipment, or any cyberMIND email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of cyberMIND's Service, cyberMIND's equipment, or any cyberMIND email address(es).
2.2.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.
2.2.1.3. Subscriber specifically agrees that he/she/it will not utilize cyberMIND's Service, cyberMIND's equipment, or any cyberMIND email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. A Subscriber responsible for these acts may be terminated at cyberMIND's discretion. For each day upon which this provision is violated, Subscriber agrees to pay cyberMIND $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, cyberMIND may waive all or part of the applicable charge. In cases of willful violations of this provision, Subscriber agrees to pay cyberMIND $200.00 per day. cyberMIND at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent cyberMIND from seeking to obtain other legal remedies against member, including other damages or an injunction.

2.3. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time may there be simultaneous use of the same username and password combination.
2.4. Forging any message header, in part or whole, of any electronic transmission, originating or passing through cyberMIND's Service.
2.5. Distributing viruses to or from cyberMIND's Service.
2.6. Use of software or any device that would allow your account to stay logged on while you are not actively using cyberMIND's Service or use the account for the purpose of operating a server of any type. (See section 3 below).
2.7. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
2.8. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
2.9. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
2.10. Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.
2.11. Installation of 'auto-responders,' 'cancel-bots,' or similar automated or manual routines which generate excessive amounts of Net traffic, or disrupt Net newsgroups or email use by others unless such routines are installed by cyberMIND.
2.12 Posting or therwise providing non-acceptable content. Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3 if being illegally distributed
We will be the sole arbiter as to what constitutes a violation of this provision.
2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through an cyberMIND account or re-mailer, or using an cyberMIND account as a mail drop for responses
2.14 Traffic Guidelines: Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigs of free traffic:
Shareware, sound, video, image and multimedia archives
Mirror sites
Distribution points
Any site whose primary purpose is file distribution
2.15 CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
2.16 Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
2.17 Background Running Programs
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assesed based on resources on system maintainence needed.
2.18 IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
2.19 Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
2.20 Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.
Indemnification: .

3. Content
Content: All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

4. cyberMIND Assumes No Liability
cyberMIND has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on cyberMIND's systems, nor can cyberMIND ensure prompt removal of any such communications or content after transmission or posting. Accordingly, cyberMIND does not assume liability to Subscribers or others for any failure to enforce the terms of this Policy. Customer agrees that it shall defend, indemnify, save and hold cyberMIND harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against cyberMIND, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless cyberMIND against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with cyberMIND server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

5. Revisions to this Policy
cyberMIND reserves the right to amend, alter, or modify the Policy at any time and in any manner. Any amendment, alteration, or modification is effective immediately upon posting on cyberMIND's Web site (www.cyberMIND-usa.net).

6. Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.

7. Disclaimer
cyberMIND will not be responsible for any damages your business may suffer. cyberMIND makes no warranties of any kind, expressed or implied for services we provide. cyberMIND disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by cyberMIND and its employees. cyberMIND reserves the right to change or update policies without notice

If any terms or conditions are failed to be followed it may result in account deactivation.