This
Acceptable Use Policy (“Policy”) describes
actions by Users that are prohibited by Net Star. “Users”
means any user of the Internet related services (“Services”)
that are provided by Net Star pursuant to the Customer
Agreement (which Users must accept as a condition to
receiving any Services from Net Star). User
acknowledges and agrees that this policy may be revised
from time to time by Net Star at its discretion, with
any such modifications effective when the revised Policy
is posted to http://www.netstartel.net/legal.htm. In
addition, all Users must comply with the then-current
industry standard acceptable use policy set forth at
http://www.corp.att.com/aup/ , or such other
acceptable use policy web sites as set forth from time
to time by Net Star. To the extent these third-party
acceptable use policies conflict with this Policy, the
terms of this Policy will prevail. Net Star may in its
sole discretion determine whether a User is in violation
of this Policy. As specified below, Net Star believes
that illegal usage, abusive usage and/or use of the
Services to interfere with other Users’ enjoyment of the
Services is unacceptable. In the event that you believe
that you have been a victim of abusive or illegal usage
of the Services, please contact
abuse@NetStarTel.net .
Illegal
Use Prohibited. The Services may only be used
for lawful purposes and may not be used for any illegal
use or any use that may result in civil or criminal
liability. Unlawful uses include, without limitation,
effecting or participating in any of the following
activities via the Services provided by Net Star:
-
storing, posting or transmitting unlawful
materials, e-mail or information;
-
storing, posting or transmitting
harassing, threatening or abusive materials, e-mail or
information;
-
storing, posting or transmitting
defamatory, libelous, slanderous or scandalous
materials, email or information;
-
storing, posting or transmitting obscene,
pornographic, profane or otherwise objectionable
information of any kind;
-
storing, posting or transmitting materials,
e-mail or information that would constitute an
infringement upon the patents, copyrights, trademarks,
trade secrets or other intellectual property rights of
others;
-
storing, posting or transmitting materials
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 the U.S. export control laws and regulations;
(vii) storing, posting or transmitting materials
that would give rise to liability under the Computer
Fraud and Abuse Act;
(viii) storing, collecting, posting or transmitting
credit card, debit card, electronic funds transfer
numbers or other similar types of data for either a
fraudulent or illegal purpose, or in a manner that would
permit others to use such data for a fraudulent or
illegal purpose; and
(ix) collecting, without adequate security and a
legitimate purpose (as determined by Net Star), any of
the following: (a) information from Users under the age
of sixteen (16) without consent from such Users’ parents
or legal guardians; (b) User’s personal health
information or personal financial information without
informed consent from such User; or (c) other personal
information without the advising the User.
Abusive
Use Prohibited.
The
Services may not be used for abusive purposes, as
determined by Net Star. Abusive purposes include,
without limitation, effecting or participating in any of
the following activities via the Services provided by
Net Star:
(i) posting five (5) or more messages similar
in content to Usenet or other newsgroups, listservs,
forums, e-mail mailing lists or other similar groups or
lists;
(ii) posting to any Usenet or other newsgroups,
listservs, forums, e-mailing lists or other similar
groups or lists articles which are off-topic according
to the charter or other owner-published FAQ’s, rules, or
policies or descriptions of the group or list;
(iii) sending unsolicited e-mailings (including,
without limitation, commercial advertising and
informational announcements) to more than five (5)
e-mail addresses within a forty-eight (48) hour period,
if such unsolicited e-mailings could reasonably be
expected to or do in fact provoke complaints;
(iv)
falsifying User information provided to Net Star
or to other Users of the Services; and
(v) engaging in any of the foregoing activities
by using the services of another provider, but
channeling such activities through an account provided
by Net Star, re-mailer, or otherwise through the
Services or using an account provided by Net Star 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 provider of Services or its supplier.
(vi) operating a server in connection with the
Services in an “open relay” configuration (a
configuration whereby a mail server processes email
messages where neither the sender nor the recipient is a
local user). Servers configured in this manner expose
both Net Star’s network and the User’s personal account
to fraudulent and abusive use by third parties. User
hereby acknowledges and agrees that it will not operate
servers with in an open relay configuration. If a User
requires assistance in determining the configuration of
the User’s server and/or instructions to secure a server
the User may contact:
abuse@NetStarTel.net.
Interfering With Other Users Prohibited. No
User shall interfere with any other person’s use of the
Services or the Internet by effecting or participating
in any of the following activities via the Services
provided by Net Star:
(i) restricting or inhibiting any other User
or any other person from using and enjoying Services
and/or the Internet;
(ii) posting or transmitting any information or
software that contains a virus worm, cancelbot or other
harmful component;
(iii) without permission from the owner of a
system or network, doing any of the following: (a)
accessing the system or network, (b) monitoring data or
traffic, (c) probing, scanning, testing firewalls, (d)
testing the vulnerability of a system or network or (e)
breaching the security or authentication routines of a
system or network;
(iv)
conducting or forwarding surveys, contests,
pyramid schemes, charity requests or chain letters;
(v)
relaying e-mail in an anonymous fashion or
forging any TCP-IP packet header; or
(vi) mailbombing, flooding, overloading,
attacking or otherwise interfering with a system or
network.
Remedies. Violation of this Policy may result
in civil or criminal liability, and Net Star may, in
addition to any remedy that it may have at law or in
equity, terminate permission for the User to use the
Services and charge User any applicable cancellation or
termination fee. In addition, Net Star may investigate
incidents that are contrary to this Policy and provide
requested information to third parties who have provided
notice to Net Star stating that they have been harmed by
a User’s failure to abide by this Policy or the policies
listed above. Net Star's failure to enforce this policy
in every instance in which it might have application
does not amount to a waiver of Net Star's rights.
