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Acceptable Use Policy

by zoperoot last modified 2007-11-04 22:50
Acceptable Use Policy

Example of an Acceptable Use Policy

Celestial Software, LLC
6641 East Mercer Way
PO Box 820
Mercer Island WA 98040-0820
Terms and Conditions
Effective June 1, 1996

Celestial Services for the Internet: Acceptable Use Policy and User Agreement

General

Use of Celestial for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Celestial's machines or other machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

Usenet Newsgroups

Celestial places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion.

Posting more than 20 copies of the same article or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal.

For more information on Celestial's Usenet policies, see sections 21 and 22 of the user agreement, below.

E-mail

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Use of programs such as mflash or storage of such programs on Celestial's servers is prohibited.

For more information on Celestial's e-mail policies, see sections 21 and 22 of the user agreement, below.

Internet Relay Chat

Use of IRC bots or storing them on Celestial's servers is prohibited. Impersonating other users by forging one's email address is prohibited.

World Wide Web

Reselling web space, selling advertising on a web site is prohibited.

Use of text or images created by others without their permission is copyright infringement and is prohibited.

Public FTP Sites

Reselling FTP space is prohibited.

The Celestial User Agreement

CELESTIAL agrees to provide and User agrees to receive access to the CELESTIAL's Internet service according to the following terms and conditions:

All provisions of Celestial's Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.

The benefits of or rights conferred by this agreement are nontransferable. Use of CELESTIAL accounts is expressly limited to the individual or business whose name appears on the account.

User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Celestial reserves the right to cooperate with all or any law enforcement agencies.

User agrees to follow the Acceptable Use Policy of any network user connects to, including Celestial's system. Celestial's Acceptable Use Policy may be found at http://www.celestial.com/aup.html

If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).

Reselling of web space on the CELESTIALS server is prohibited.

User is responsible for all use of User's account(s) and confidentially of password(s). CELESTIAL will suspend access or change access to User's account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. Celestial is not liable for any usage and or charges prior to Celestial making the necessary account alteration.

User is responsible for all local and long-distance telephone charges for connecting to CELESTIAL. User is also responsible for charges incurred by users paging company when used in conjunction with Celestial.

User agrees to pay CELESTIAL all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE.

User is responsible for charges at the time the service is used and CELESTIAL may apply the amount due to User's account at any time.

CELESTIAL reserves the right to change prices on 30 days notice published Online.

CELESTIAL reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments.

The Celestial service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Celestial or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Celestial or its providers.

Neither CELESTIAL nor its Information Providers are responsible for any damages arising from User's use of CELESTIAL or by User's inability to use CELESTIAL service.

CELESTIAL reserves to right to change without notice the CELESTIAL service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

CELESTIAL is not responsible for User's personal files residing on CELESTIAL. User is responsible for independent backup of his/her data stored on CELESTIAL.

CELESTIAL reserves the right to delete User's personal files after one or both parties terminates agreement.

CELESTIAL reserves the right in its sole discretion to delete any information entered into CELESTIAL by User. CELESTIAL and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

User hereby agrees that any material submitted for publication on CELESTIAL through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on CELESTIAL's system.

CELESTIAL, at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of CELESTIAL that User may be performing activities harmful to CELESTIAL or its Users, employees, vendors, business relationships or any other users of the Internet.

The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by CELESTIAL and will result in termination of the account(s) which the investigation determines to have originated or transmitted these types of traffic.

  1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
  2. Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
  3. Engaging in either (a) or (b) from a provider other than CELESTIAL and using an account on CELESTIAL as a mail drop for responses.
  4. Continued harrassment of other individuals on the Internet after being asked to stop by those individuals and by CELESTIAL.
  5. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
  6. Use of IRC "bots" on CELESTIAL, whether on our IRC server or any other. Such software may not be stored on CELESTIAL.

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by CELESTIAL plus the cost of restoring Celestial's good name.

This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Washington.

CELESTIAL may modify these terms and conditions upon notice published Online via CELESTIAL. User's use of CELESTIAL services after such notice shall constitute User's acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent and CELESTIAL reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and CELESTIAL's agreement on all other paragraphs shall remain valid.

Monthly fees must be paid on a timely basis to maintain User's privileges. Monthly dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your services, which you may do at any time, unless bound by a specific term or agreement. Payments more than 15 days late may be assessed a 5% late payment charge.

When paying by check, User expressly authorizes CELESTIAL to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $25 returned check fee.

The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future CELESTIAL rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

In the event the User defaults on this contract, CELESTIAL may suspend or revoke the User's privileges and the User may have to reapply for service at the price CELESTIAL is charging to new members. The User agrees to pay CELESTIAL's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.

Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Celestial.

Celestial may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

Customer may not cancel orders placed in accordance with the provisions of this agreement.

In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

CELESTIAL reserves the right to terminate or change priority of any process started by said user.

CELESTIAL reserves the right to collect damages (software, hardware & man hours) if any harm is done to CELESTIAL which requires repair or reconfiguration of any kind.

CELESTIAL may offer a trial period during which the User may cancel service without incurring any costs. It is the responsibility of the User to contact CELESTIAL to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.

CELESTIAL may offer credits to users who refer additional users who sign up for and keep CELESTIAL accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.

TERMS & CONDITIONS AGREEMENT

I certify that I have read and agree to the terms outlined in the Celestial Software, LLC. Terms and Conditions Agreement. Latest revision date ; May 16th, 2004.

Name: ______________________________________

Company Name: ______________________________________

Address: ______________________________________

City/State:___________________________ Zip________

Phone: ______________________________________

System type: ______________________________________

I have read, and agree to be bound to the Celestial Software, LLC. Terms and Conditions

_________________________ Signature

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