As a user of HyperSurf Internet Inc., hereafter referred to as ( HyperSurf ), you agree to abide by all of the terms and conditions contained in this agreement, the General Service Agreement, HyperSurf's other user policies posted on HyperSurf's website, and or contract(s) that you have signed with HyperSurf. You attest that you are 18 years of age or older (or must provide written permission from a parent or guardian to use this service).

A violation of one or more of the policies contained in this agreement and or any Local, State, or Federal Law is grounds for immediate termination of any and all services provided by HyperSurf without refund or credit of any kind.

Users may not download illegal copies of commercial software through or store such software on any system owned or operated by HyperSurf. If commercial software is found on our hard disk, we will delete all related files and immediately terminate your service. You also agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts, web pages, email, etc.

Users may not harass, or be abusive to HyperSurf employees or its contractors.

Users may not mount a deliberate attack against our system or use our system in a deliberate attack on any other systems. This includes but is not limited to: Mail bombing (sending three or more unsolicited pieces of e-mail or files exceeding 60K) "Cracking" or attempting to gain unauthorized accessPing flooding Tsunami or flood bots Annoyance utilities like "nuke" or "flash"

 

Users may not engage in spamming. Spamming is defined as unsolicited (unwanted, not requested) email sent to many people. Excessive "spamming" in newsgroups or mass email that result in numerous complaints is strictly prohibited. Any user who spams and has HyperSurf referenced in any way within that email, (i.e. listed as the originating or destination system, or references to email address, domain name or user name at HyperSurf ), shall be in violation. If you are found to be in violation of this policy through 3 or more complaints, your account will be cancelled and you may be subject to any applicable Local, State or Federal violation charges.

 

Users may not "spam" or flood the usenet newsgroups by posting a single article to multiple (more than 3) groups not related to the topic of your article.

Users may not post deliberate off topic messages to Usenet. This includes messages violating the specific newsgroup's charter or purpose.

Users may not forge e-mail or news postings (to include cancel messages, whether manual or automated).

User agrees not to falsify user information provided to HyperSurf or to other users of the service in connection with use of any HyperSurf service.

IRC, Cron Jobs and Background Processes:

Users may not have more than 3 clients on IRC at any one time. A client is either a bot or an IRC session. Users may not flood (send text repeatedly) other clients on IRC. Users may not run servers (ftp, http, IRC, MUDs, MUSHs, etc.) on any server without express written permission from HyperSurf. Users may not run link lookers on IRC. Users may not run mailing lists on or through our servers. Users may only have one dial-in per account at a time. Multiple telnet sessions are allowed. Users may not run packet sniffers or similar programs. Users may not schedule a cron process to run more often than once every hour. Users are allowed to run one background job while not logged in.

Hypersurf reserves the right, where feasible, to implement technical mechanisms which block multiple postings before they are forwarded or otherwise sent to their intended recipients.

We reserve the right to kill any process that is causing significant server load.

 

The unmetered time policy means there are no per minute charges levied by HyperSurf for the use of our dialin services by you, the customer. As a user of HyperSurf services, you understand that the un-metered Internet access account is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected on a 24-hour basis are not allowed and may result in cancellation of your account. Activities such as automatic dialers and scripts intended to defeat session limits and idle timeouts in order to maintain a continuous connection to the net is not allowed. Sustained, chronic abuse will result in account termination for cause. If you require a full-time connection to the net, please call our business office at 877-702-7873 to arrange for a dedicated connection.

 

HyperSurf shall offer to user, at no charge, general technical assistance via telephone or electronic mail, relating to the usage and operation of the Internet. HyperSurf assumes that the user has a basic understanding of their computer. HyperSurf will not train user in basic computer skills such as, but not limited to, deleting files, creating directories, and Web site development. Technical assistance at HyperSurf's office location is also available, however an hourly rate may apply depending upon the nature of the problem. HyperSurf's web server is intended to be used for your personal or business web presentation. It is not intended for holding or presenting unauthorized copyrighted files. Any files, which are owned or copyrighted by another party, are prohibited on our web server. Multiple complaints regarding the abuse of this policy may result in deletion of the file(s) in question.

 

Web space is provided for personal and business customers of HyperSurf. Content of those sites must conform to Local, State and Federal ordinances. Basic information about Web site creation is online under the HyperSurf Support. However, HyperSurf does not provide training or technical support for Web site development. Only CGI scripts written by HyperSurf, INC. programmers will receive technical support. Users may not use HyperSurf services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, e-mail bombs etc. Users may not promote or provide information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.

 

Users may not post on the Internet copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc. Users may not display material on the Internet that exploits children under 18 years of age.

Users may not display material on the Internet that is pornographic or obscene. Users may not provide material on the Internet that is offensive to the Online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc. Users may not use the Internet to promote or solicit for participation in multilevel marketing or pyramid schemes.

Users may not gather from the Internet personally identifiable information of others for unlawful purposes. Nothing contained in this policy shall be construed to limit HyperSurf's actions or remedies in any way with respect to any of the foregoing activities, and HyperSurf 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 HyperSurf service, and levying cancellation charges to cover HyperSurf's costs in the event of disconnection of dedicated access for the causes outlined above.

In addition, HyperSurf reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

 

This Policy shall not be canceled or nullified, but may be amended, modified, or revised by HyperSurf at any time in any manner. Notice of any amendment, modification, or revision will be posted at this Internet site location.

 

If any part of this Policy is unacceptable to you, you must immediately terminate your service with HyperSurf.