The Internet access services of CCIA as offered to Subscribers are subject to certain rules and policies. By subscribing to and using the services of CCIA, you agree to abide by these rules, as they now exist and as they may be amended. Subscribers are responsible in whole for any and all activities on your account. Obviously, if the rules change in some way that you find unacceptable, you are free to terminate your subscription for access at any time. I. SUBSCRIBER RELATIONSHIPS: Neither the receipt nor distribution of materials through the system constitutes the formation of a private or confidential relationship unless the parties otherwise expressly agree that it does. Public postings and materials distributed other than through private electronic mail shall not in any event be deemed confidential or privileged. CCIA reserves the right to change, without notice any services offered, including but not limited to, access procedures, menu structures, commands, documentation, software, or hardware. CCIA cannot and does not exercise any control whatsoever over the content of the information passing through its network. Exchanges of views are encouraged; however, CCIA services may be used only for lawful purposes. Transmission of any material in violation of any federal or state law or regulation is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless CCIA from any claims resulting from your use of its service which damages you or another party. Any access to other networks through CCIA' network must comply with the rules appropriate for that other network. CCIA specifically denies any responsibility for the accuracy or quality of information obtained through its services. Use of any information obtained through services provided by CCIA is at the sole risk of the user or Subscriber. II. CONFIDENTIALITY: CCIA will use ordinary care to protect the confidentiality of electronic mail exchanged over the system, but is not responsible for protection or privacy of any information held or transferred by any user. CCIA reserves the right to access any information on the system for the purpose of providing service and/or to protect the security of the system or the rights or property of CCIA, including, but not limited to, any rights afforded to CCIA or its Subscribers under the Electronic Communications Privacy Act of 1974. CCIA reserves the right to monitor a Subscriber's mail and/or packets if its representatives have reason to believe or suspect that the Subscriber is engaged in any illegal act. CCIA will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery, unless another part of this agreement changes this statement. CCIA may use for its own purposes nonpublic information regarding contents of public postings. CCIA will not reveal to any third system use by its Subscribers or any user and any information regarding the party, including other Subscribers, any detailed, non-public information that identifiably discloses any Subscribers specific use of the system, unless such disclosure is required to operate the system, by authorized disclosure of information within CCIA control. III. OWNERSHIP OF MATERIALS CCIA shall retain the right to all original messages you post and all original files you upload . Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any messages or files unless you own them, or you have full authority to transmit them to this system. CCIA owns certain things you will find on this system, including the "look and feel" of the system, the name of CCIAs system, and the collective work copyright in sequences of public messages on CCIA system, either electronically or in print, without CCIAs permission and the permission of all participating in the thread. This is not a complete list-other things on the system are also CCIAs property. Before you copy anything from CCIA with plans of reproducing it or distributing it, contact us about it. IV. LIMITATION OF LIABILITY: YOU AGREE THAT CCIA WILL NOT BE RESPONSIBLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH CCIA'S SYSTEM OR ANY OF THE DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON CCIA'S SYSTEM, EVEN IF CCIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ADDITION, YOU AGREE TO DEFEND AND IDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COST AND EXPENCES (Including reasonable attorneys fees) RELATED TO ANY ACTS BY YOU OR MATERIALS OR INFORMATION TRANSMITTED BY YOU IN CONNECTION WITH CCIA'S SYSTEM LEADING WHOLLY OR PARTIALLY TO CLAIMS AGAINST US OR SYSTEM BY OTHER CALLERS OR THIRD PARTIES. V. GENERAL RULES REGARDING USE OF SYSTEM A. Authorized Subscribers. The right to use the services of CCIA is expressly limited to authorized users and is non-transferable. In order to be an authorized user, an individual must be a Subscriber to the services of CCIA. All users must have agreed to abide by all applicable rules and terms and conditions for use of the Subscriber Agreement, including the terms and conditions for use of the system and these rules. B. Passwords. All authorized users will have a password, allowing them to access the system and to receive personal correspondence from any terminal that is connected to the CCIA network. Each Subscriber agrees to keep his or her password confidential and to notify CCIA of any violation of these rules of threat to system security. No Subscriber will allow an unauthorized individual the use of his/her account, password, or CCIA Internet access services. VI. RULES REGARDING SPAMMING CCIA and its affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (email) packages and services, World Wide Web website hosting arrangements, and other online and Internet-related services. It is contrary to CCIA policy for any user of any of these services to effect or participate in any of the following activities through an CCIA provided service (ordinarily called spam): (i) To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists; (ii) To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list. It is considered proper etiquette to obtain such information prior to use of such services; (iii) To send unsolicited mass emailings to more than twenty-five (20) email users, if such unsolicited emailings provoke complaints from the recipients; (iv) To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an CCIA account or remailer, or using an CCIA account as a maildrop for responses; (v) To falsify user information provided to CCIA or to other users of the service in connection with use of an CCIA service. CCIA considers the above practices to constitute abuse of CCIA's service and of the recipients of such unsolicited mailings and/or postings. Therefore, these practices are prohibited by CCIA's terms and conditions of service. Engaging in one or more of these practices will result in suspension and possible termination of the offender's account and/or access to CCIA services. CCIA also reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, CCIA's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and CCIA will respond as appropriate to these other activities as well. Nothing contained in this policy shall be construed to limit CCIA's actions or remedies in any way with respect to any of the foregoing activities, and CCIA reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the CCIA service, and levying cancellation charges to cover CCIA's costs in the event of disconnection of dedicated access for the causes outlined above. VII. IDLING ON YOUR CONNECTION While CCIA's service is unlimited, meaning you are free to dial in at any time, it is not a dedicated connection. When you are not actively using the system, we ask that you log off to ensure that connections are available for other active users. An inactive connection is defined as one where there has been no traffic over your line for 30 minutes. We utilize detection programs to ensure that customers are not using automated programs just to keep the connection alive. In these circumstances, we will proactively discontinue the connection. Also, connections of longer duration than 15 straight hours will be proactively disconnected. In addition, CCIA reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. |