Unsolicited Bulk E-Mail (Spam)
Keyway-Cybertime Network Services (ACNS)
Mail servers may not be used as the source of, intermediary of, or
destination address used or involved in the transmission of Spam,
flames, abusive, harassing email or mail bombs. Your domain hosted
at ACNS may not be referenced as an originator of, intermediary of,
or reply-to address in any of the above.
We consider Spam to be any unsolicited
commercial email (UCE) or unsolicited bulk email (UBE) in the mediums
of Newsgroups, Fax, Email, or any other future or current internet
format or protocol.
If it is determined that you have spammed,
then we reserve the right to immediately, without warning, disable
and/or revoke your ACCESS or DOMAIN HOSTING, and any other services
ACNS is providing to you.
In addition, we will impose, and you
agree to pay a $100 per message penalty for each email or spam policy
violation. We fervently hope that the definition here is sufficient
in defining spam, but reserve the right to determine what violates
Moreover, any site selling or promoting
bulk email software, service, or addresses is forbidden.
Any action, omission, event, service, product, or other item
that is illegal, or the promotion of any action, omission, event,
service, product, or other item that is illegal is strictly forbidden.
ACNS reserves the right to determine what we feel is the promotion
of any action, omission, event, service, product, or other item
that is illegal.
For example, distribution of "cracking"
software, or "virus" software is forbidden by this section,
even if said action is for "educational" purposes. The
use of "file sharing" software to distribute any type
of file or information in violation of copyright laws is also forbidden
by this section.
Pornography and sex-related merchandising are also prohibited
on all ACNS 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.
Unlimited Access Policy
There is no restriction on the time of day or number of times
that you may access the Internet through Keyway-Cybertime. Access
means that you are connect to and actively using the Internet. Actively
using means YOU, and not an AUTOMATED TASK/PROGRAM, is using the
Internet. Running any type of SERVER while connected to Keyway-Cybertime
is NOT considered either PERSONAL or BUSINESS access.
You can not at any time, or in any way, shape or form, resell
any service or product of or provided by ACNS.
Any monies, income or advantage gained
by unauthorized resale of any service or product of or provided
by ACNS is immediately forfeited to ACNS as partial compensation for
violation of this section of the AUP.
NO GENERAL WARRANTY.
Subscriber expressly agrees that use of ACNS, ACNS software,
ACNS email services and the internet are at subscriber's sole risk.
ACNS, ACNS email services and ACNS software are provided on an "as
is," "as available" basis without warranties of any
kind, either express or implied, unless such warranties are legally
incapable of exclusion.
Subscribers cannot in any way hold
ACNS responsible for loss of income or wages due to loss of Electronic
Mail, loss of service, inability to connect, or connection to a
number that incurs a toll or fee. Subscribers cannot in any way
hold ACNS responsible for electronic mail accounts that are cross
linked due to administrative or system errors. ACNS' entire liability
and your exclusive remedy with respect to use of ACNS and ACNS software
shall be the replacement of any diskette found to be defective.
Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such states ACNS liability is limited to the extent permitted
ACNS will not distribute or resell any information you provide
to us without a court order for said information served on us by
the proper authorities. If we terminate your service for breach
of this agreement, this privacy guarantee is null and void.
Any violation of any of the above will
result in immediate deactivation of any and ALL services provided
by ACNS, without refund or any liability by ACNS.
If you do not agree to any part of
the above, ACNS will not provide any products or services to or for
Your signature, mark of acceptance,
or use of ACNS services and/or products, whether physical or electronic,
is proof of acceptance of these Terms of Service, Policies, and
These Terms of Service, Policies, and
Warrantees are subject to change at any time, without notice, and
your signature, mark of acceptance, or use of ACNS services and/or
products, whether physical or electronic, is proof of acceptance
of any such changes.