Use and Abuse Policy
General Policy
All information transiting the NetBurner Internet
Services, Inc. (NETBURNER.NET) network is unrestricted unless it is
listed as unacceptable under this policy.
It is the policy of NETBURNER.NET to provide its
subscribers electronic access to the broadest possible number of
organizations connected to the Internet. This is accomplished
through connectivity to one or more state, multi-state, regional or
national backbone networks. All information that exits the
NETBURNER.NET network and traverses the numerous other networks to
which NETBURNER.NET is directly or indirectly connected, must
conform to the acceptable use policies governing those networks.
Privacy Policy
It is the responsibility of all individual
subscribers or subscriber organizations to:
respect the privacy of other subscribers and not to
seek information pertaining to other subscribers without their
explicit permission. This includes but is not limited to personal
data, passwords, access to confidential files, or modification of
files belonging to other subscribers.
Use the network service in a manner that is
consistent with ethical practice and accepted community standards.
Copyright Policy
It is the
responsibility of all individual subscribers or subscriber
organizations to respect the legal protection provided by copyright
and license to programs, data, and other information that may be
accessible over the NETBURNER.NET network.
We reserve
the right to remove any material from the server at any time.
Prohibited Activity
Attempts to compromise
system and/or network security - Programs such as packet sniffers,
password crack programs, and similar utilities found to be running
from a user’s account are prohibited. This also includes attempts
to hack into non-NETBURNER.NET systems.
Sharing of accounts -
Sharing of a user’s account with another party for purposes of
avoiding payment for a second account is strictly prohibited.
Email abuse - E-mail
abuse typically comes in one of three forms, the transfer of a
message to unsolicited individuals, the sending of harassing and/or
threatening messages to other users, and the forging of e-mail
addresses so as to make the e-mail appear to be from another user.
Pirated software -
Pirated software is defined as the illegal exchange of software via
the Internet for purposes of avoiding the purchase of said software
by the individuals involved. This includes most commercial
applications such as Adobe Photoshop, Illustrator, etc. Such
activities are prohibited by Federal law and are thus not allowed in
any form on NETBURNER.NET. Such prohibition also includes the
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. The exportation of software or technical information in
violation of U. S. export control laws is strictly prohibited.
Accountholders shall
not use NETBURNER.NET as the means to stalk others or to post,
transmit, or originate any unlawful, threatening, abusive, hateful,
defamatory, obscene, or pornographic communication, or any
communication where the message, or its transmission or
distribution, would constitute or would encourage conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, state, national, or international law.
Unacceptable Use
Policy
It is not acceptable
to use the NETBURNER.NET network services or facilities for any
purpose:
which
would violate any applicable laws or regulations
where the meaning of
the message or the content of a file would likely be highly
offensive to the recipient or recipients
which make
unauthorized entry into other computational, information storage, or
communications devices or resources
which
propagate computer worms, viruses, or transmissions of any type
which cause disruption to disable or otherwise impede the
recipient’s facilities or equipment
to make distribution
of unsolicited advertising/bulk email/scam
which causes
disruption of our service or any other entities service due to
facilities overload (flaming, bulk e-mail/scam, web server
disruption, etc.)
Unlimited Use Policy
It is not the intent
nor should it be expected that “unlimited” service will entitle the
subscriber to a continuous, 24 hr/day connection to the Internet. A
subscriber on a dial-up “unlimited” plan is permitted
unlimited
service but does not mean dedicated service. Dedicated
service shall be defined as an average of more than 15 channel hours
a day, based on a 30 day calendar month usage report. Users may be
blocked and forced to upgrade to continue service if their unlimited
account is used as a dedicated connection.
While
connected, the computer must be engaged in interactive use by the
subscriber for the purpose of accessing the Internet.
While connected, the
computer shall not be left unattended for extended periods of time
except in the event of a large file upload or download.
The use of a “pinger”
program or a similar function to avoid automatic disconnection from
the Internet is not permitted.
In order to maintain
quality of service, customers attempting to maintain a dedicated
connection to the Internet may be restricted.
Setting an email
program to check for new mail at short intervals and thus avoid
automatic disconnection from the Internet is not permitted unless
the practice can be justified and permission is obtained from
NETBURNER.NET.
Access to this service
entitles the subscriber to have no more than one computer connected
to a given Internet account at one time. An account may be accessed
from as many different computers as desired but only one computer
per account at a time. This service is not intended for resale
without prior arrangement and written permission for NETBURNER.NET.
If any of the
conditions stated in this unlimited use policy are contrary to your
needs, please
contact us
for information about other Internet access packages that we
offer which may be more suitable.
E-mail Policy
In addition to the
items relating to e-mail stated in the section titled Prohibited
Activity and Unacceptable Use Policy, the following rules and
conditions also apply:
Check and remove your
e-mail from the server on a regular basis, at least once a week.
If an individual
e-mail box exceeds one megabyte in size for more than one week, we
will attempt to contact you and request that you promptly remove
your e-mail from the server.
If
an individual e-mail box has not been checked in two weeks, we will
attempt to contact you and request that you promptly check your
e-mail.
We reserve the right
to delete any e-mail from the server at any time but will generally
only do so if the e-mail is more than two weeks old.
Do not consider
Internet e-mail to be a secure means of communications. While no
one other than system administration personnel (throughout the
Internet) would normally have access to e-mail messages, the content
of a message is nothing more than simple text in readable form. If
more security is required, consider using an encryption program to
scramble messages before they are sent. The message recipient will
also have to be told how to decrypt any encrypted messages sent to
them.
Do
not consider Internet e-mail to be 100% reliable. While there are
many safeguards built in to the system, the Internet is not
infallible. If you must know that a message got through, request
that the message recipient reply immediately with a confirming
message.
If any of the
conditions stated in this e-mail policy are contrary to your needs,
please contact us
for additional information or to make further arrangements.
Technical Support
NETBURNER.NET offers free
technical support to assist customers with the setup and
configuration of NETBURNER.NET Internet accounts. Phone based
technical support is to be used when a customer requires assistance
with problems involving the process of dialing into the system and
establishing an Internet connection as well as with problems
concerning the sending and receiving of Internet Email.
Phone based support is not to be used for questions
regarding setting up or writing “Web” pages, nor it is to be used
for assistance on how to use any operating system, including (but
not exclusive to) Windows, MacOS, or Unix.
NETBURNER.NET is not responsible for the performance
of services provided by organizations outside of NETBURNER.NET:
including the quality of a customer’s phone lines, the speed of
Internet connections not owned or operated by NETBURNER.NET, the
operation or reliability of any Internet server or computer not
owned or operated by NETBURNER.NET.
Cancellation
NETBURNER.NET subscribers may cancel their account at
any time. Refunds for connectivity issues will only be given after
Tech Support has exhausted all possible means of establishing a
connection. All Set-Up fees are non-refundable. Cancellation of
prepaid accounts will be rounded up to the end of the current month,
and time spent using the service will be calculated suing the
standard monthly rate of the service, not the discounted rate, with
the remainder being refunded to the customer.
Refunds for accounts closed due to direct violation
of NETBURNER.NET’s Acceptable Use Policy will only be granted at the
discretion of NETBURNER.NET.
Returned Checks
At any time a check for payment for services is
returned due to insufficient funds, an E-mail will be sent to the
account in question indicating that the account holder will be given
five (5) days to clear the problem through the NETBURNER.NET Billing
Department. There will also be a $25.00 service charge in addition
to the amount specified on the returned check. If the returned
check and applicable fee is not paid, on the sixth day, service will
be terminated and the individual will be prosecuted under Kentucky
Law.
Menu
System Policy
The menu system located at http://www.NETBURNER.NET
is provided as a courtesy to NETBURNER.NET customers. The links
placed at these locations and on subsequent pages do not indicate
any endorsement or recommendation of the product or service that the
linked-to website is providing. NETBURNER.NET is not responsible
for the content, availability or professional conduct of the
linked-to sites. Concerns about a particular website or any company
or organization related to that website must be directed to the
parties responsible for that website.
All links on the menu system are subject to review
and approval by NETBURNER.NET. Links may be added, removed or
relocated at any time.
Please if you have comments or questions about the
menu system contact us at 1-866-638-4328.
Extended Service Outage Reimbursement Policy
While NETBURNER.NET strives to provide reliable
Internet access, we also recognize that equipment can fail. In the
event that we cannot provide access to the Internet because of
failure within our equipment, we will provide prorated reimbursement
to our “unlimited access” subscribers in the form of a credit. The
following conditions apply:
An outage must be the result of a failure
within our equipment as opposed to the Internet in general. “Our
equipment” is defined to mean that communications equipment used to
provide access to the Internet which we own and have direct control
over. The subscriber’s equipment and other equipment that we may
utilize but do not own are excluded.
An outage must extend for a period of time greater
than 48 hours.
The subscriber must be on an “unlimited access” plan
prior to and during an outage.
An outage does not include unavailability of service
due to 100% utilization of our facilities by other subscribers.
The amount of reimbursement will be prorated and
determined by NETBURNER.NET. It will be based on the number of days
access was unavailable and the total number of days in the month in
which the outage occurred. For example, a three day outage that
occurred during a month that was thirty days long would result in a
ten percent credit of the monthly subscription fee.
The amount of reimbursement is not to exceed the
subscription fee for one month of service.
Any other real or perceived loss incurred by the
subscriber as the result of an outage is the responsibility of the
subscriber.
Responsibility
All subscribers of the NETBURNER.NET, whether
organization or individuals, are responsible for publicizing this
Acceptable Use Policy at their locations.
All participating telephone companies and resellers
are responsible for communicating this policy statement to the
appropriate administrative authorities at all user sites connected
to theirs via connections that are not directly supported by
NETBURNER.NET Services.
The ultimate responsibility for assuring the
acceptability of use according to this policy is with the individual
end-user who originates the communication.
Enforcement
The NetBurner Internet Services, Inc. Board of
Directors or its designee will review alleged violations of this
policy on a case-by-case basis. A violation may result in denying
the user access to the network, termination of access to all
services, and forfeiture of all fees paid.
Evidence of illegal activities will be reported to the appropriate
law enforcement authorities.
Policy Modifications
NetBurner Internet Services, Inc. reserves the right to modify this
policy at any time. Subscribers will receive prompt notification of
all changes.
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