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1. This is GAPC.net's
policy on the acceptable use of
the Service. It is designed to
help protect the Service,
GAPC.net's customers and the
Internet community, from
irresponsible or illegal
activities.
2. GAPC.net reserves the right
to deny Service to you, or
immediately to terminate your
Service for material breach, if
your use of the Service or your
use of an alias or the aliases
of additional users on your
account, whether explicitly or
implicitly, and in the sole
discretion of GAPC.net: (a) is
obscene, indecent, pornographic,
sadistic, cruel or racist in
nature, or of a sexually
explicit or graphic nature; (b)
espouses, promotes or incites
bigotry, hatred or racism; (c)
might be legally actionable for
any reason, (d) is objectionable
for any reason, or (e) in any
manner violates the terms of
this Acceptable Use Policy.
3. You may NOT use the Service
as follows: (a) for any
unlawful, improper or illegal
purpose or activity; (b) to post
or transmit information or
communications that, whether
explicitly stated, implied, or
suggested through use of
symbols, are obscene, indecent,
pornographic, sadistic, cruel,
or racist in content, or of a
sexually explicit or graphic
nature; or which espouses,
promotes or incites bigotry,
hatred or racism; or which might
be legally actionable for any
reason; (c) to access or attempt
to access the accounts of
others, to spoof or attempt to
spoof the URL or DNS or IP
addresses of GAPC.net or any
other entity, or to attempt to
penetrate or penetrate security
measures of GAPC.net or other
entities' systems ("hacking")
whether or not the intrusion
results in corruption or loss of
data; (d) to bombard individuals
or newsgroups or community
message boards with uninvited
communications, data or
information, or other similar
activities, including but not
limited to "spamming", "flaming"
or denial or distributed denial
of service attacks; (e) to
transmit unsolicited voluminous
emails (for example, spamming)
or to intercept, interfere with
or redirect email intended for
third parties using the Service;
(f) to introduce viruses, worms,
harmful code and/or Trojan
horses on the Internet; (g) to
post information on newsgroups
or community message boards
which is not in the topic area
or charter (e.g. off-topic
posting) of the newsgroup or
community message board; (h) to
interfere with another person's
usage or enjoyment of the
Internet or this Service; (i) to
post or transmit information or
communications that are
defamatory, fraudulent, obscene
or deceptive, including but not
limited to scams such as
"make-money-fast" schemes or
"pyramid/chain" letters; (j) to
damage the name or reputation of
GAPC.net, its parent, affiliates
and subsidiaries, or any third
parties; (k) to transmit
confidential or proprietary
information, except solely at
your own risk; (l) to violate
GAPC.net's or any third party's
copyright, trademark,
proprietary or other
intellectual property rights,
including trade secret rights;
(m) to use more than one IP
address obtained from GAPC.net;
(n) to generate excessive
amounts (as determined by
GAPC.net in its sole discretion)
of Internet traffic, or to
disrupt net user groups or email
use by others; (o) to engage in
activities designed to or having
the effect of degrading or
denying Service to GAPC.net
users or others (including
activities that compromise a
server, router, circuit,
software or other Internet
component; (p) to use any name
or mark of GAPC.net, its parent,
affiliates or subsidiaries, as a
hypertext link to any Web site
or in any advertising publicity
or other commercial manner; (q)
to use the Service to operate a
server in a manner that
interferes with the network or
other users' use of the Service;
(r) to use the Service or the
Internet in a manner intended to
threaten, harass, or intimidate;
(s) to cause the screen to
"scroll" faster than other
subscribers or users are able to
type to it, or any action that
has a similar disruptive effect,
on or through the Service; (t)
to use the Service to disrupt
the normal flow of online
dialogue, (u) to use the Service
to violate any operating rule,
policy or guideline of any other
online services provider or
interactive service; (v) to
attempt to subvert or to aid
third parties to subvert, the
security of any computer
facility or system connected to
the Internet; (w) to impersonate
any GAPC.net employee or
official or other person or use
a false name while using the
Service or implying an
association with GAPC.net; (x)
to install "auto-responders,"
"cancel-bots" or similar
automated or manual routines
which generate excessive amounts
of net traffic, or disrupt net
user groups or email use by
others; (y) to make false or
unverified complaints against
any GAPC.net subscriber, or
otherwise abusing any of
GAPC.net's complaint response
procedures; (z) to use software
or any other device that would
allow your account to stay
logged on while you are not
actively using the Service,
unless you are a Broadband
customer; (aa) to export
software or any information in
violation of US export laws;
(bb) to use the Service in
contravention of the limitations
of the pricing plan you have
chosen; (cc) for Broadband
customers who use static IP
address, to use an IP address
other than the one assigned by
GAPC.net; (dd) for customer who
have been assigned a dynamic IP
address to use such IP address
to circumvent the changing of IP
addresses assigned by the
Service or (ee) to open
connections to more than one
GAPC.net Usenet news service at
a time.
Usenet Policy and Posting
Restrictions: Usenet comprises a
system of bulletin boards called
newsgroups. Usenet access is
provided to Internet access
customers of GAPC.net through
the GAPC.net network. GAPC.net
Usenet may not be accessed via
any other network. You may open
no more than five simultaneous
connections to newsgroups at any
one time. You may not rapidly
open and close or create
connections for users other than
yourself (our Subscriber).
GAPC.net will carry newsgroups
at their sole discretion. We
also reserve the right in our
sole discretion, with or without
notice to you, to modify or
restrict the bandwidth available
to download content from our
Usenet Newsgroup services.
Requests to add a newsgroup,
from any source, will be
evaluated on a case-by-case
basis, and added at GAPC.net
sole discretion. You must
familiarize yourself with the
subjects and established
guidelines and restrictions of
any newsgroup in which you
participate and we reserve the
right, in our sole discretion to
terminate your Service in the
event you violate newsgroup
guidelines or restrictions.
4. Copyright Infringement/Repeat
Infringer Policy. GAPC.net
respects the intellectual
property rights of third
parties, including those granted
under the US copyright laws, and
the interests of its subscribers
and content providers on the
Internet. You may not store
material of any type or in any
format on, or disseminate such
material over, GAPC.net's
systems or servers in any manner
that constitutes an infringement
of third party intellectual
property rights, including
rights granted under the US
copyright laws. In accordance
with the Digital Millennium
Copyright Act (DMCA) and other
applicable law, it is the policy
of GAPC.net to terminate, in
appropriate circumstances, the
Service provided to any
subscriber or account holder who
is deemed to infringe third
party intellectual property
rights, including repeat
infringers. Appropriate
circumstances may exist where (i)
a Subscriber or account holder
has been found by a court of
competent jurisdiction to have
infringed the copyrights of a
third party on two or more
occasions, i.e., a repeat
infringer, (ii) Subscriber or
account holder has entered into
an agreement acknowledging
wrongdoing to settle a claim of
copyright infringement and
subsequently uses GAPC.net's
service to violate the terms of
that agreement by engaging in
copyright infringement or to
otherwise engage in conduct that
is found by a court of competent
jurisdiction to constitute
copyright infringement, (iii)
where a valid, effective and
uncontested notice has been
provided to GAPC.net alleging
facts which are a violation by
the Subscriber or account holder
of GAPC.net's Copyright Policy
prohibiting infringing activity
involving GAPC.net systems or
servers, or (iv) in other cases
of repeated flagrant abuse of
access to the Internet (e.g.,
willful commercial piracy or
malicious attempts to destroy
the value of copyrighted works).
In addition, GAPC.net expressly
reserves the right to terminate
or suspend the Service of any
Subscriber or account holder if
GAPC.net, in its sole judgment,
believes that circumstances
relating to the infringement of
third party intellectual
property rights warrant such
action. These policies are in
addition to and do not affect or
modify any other rights GAPC.net
may have under law or contract.
If you believe that copyrighted
material has been used in
violation of this policy or
otherwise been made available on
the Service in a manner that is
not authorized by the copyright
owner, its agent or the law,
please follow the instructions
for contacting GAPC.net's
designated Copyright Agent as
set forth in GAPC.net's hosting
agreement.
5. You shall comply with all
applicable local, state,
national and international laws
and regulations, including those
related to data privacy,
international communications,
and exportation or technical or
personal data. You represent
that you are not a specifically
designated individual or entity
under any US embargo or
otherwise the subject, either
directly or indirectly (by
affiliation, or any other
connection with another party)
to any order issued by any
agency of the US Government
limiting, barring, revoking or
denying, in whole or in part
your US export privileges. You
agree to notify GAPC.net if you
become subject to any such
order.
6. You shall not delete any
proprietary designations, legal
notices or other identifiers
belonging to third parties from
any information obtained or sent
using the Service and shall not
impersonate any person or use a
false name while using the
Service. You agree to obtain all
required permissions if you use
the Service to receive, upload,
download, display, distribute,
or execute Software or perform
other works protected by
intellectual property laws
including copyright, trademark,
trade secret and patent laws.
You agree to cooperate with
GAPC.net and provide requested
information in connection with
all security and use matters.
You agree to notify GAPC.net
promptly if you suspect
unauthorized use of the Service
or of your UserID. You remain
liable for unauthorized use
until your notification to
GAPC.net at security@gapc.net.
You agree that your name, UserID,
and other identifying
information may be placed in our
user directory.
7. GAPC.net reserves the right
to cooperate with legal
authorities and/or injured third
parties in the investigation of
any suspected crime or civil
wrong. Such cooperation may
include, but not be limited to,
provision of account or user
information or email as well as
monitoring of the GAPC.net
network.
8. GAPC.net may, but is not
required to monitor your
compliance, or the compliance of
other subscribers, with the
terms, conditions or policies of
this Agreement9. GAPCnet's
Anti-SPAM policy is
incorporated by reference.
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