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Acceptable Use Policies

Information Disclaimer Unacceptable Use Email and Usenet Restrictions DSL Restrictions Illegal Use Inbound Linking and Trademark Policy Copyright Notification Client Privacy

Do Not Call Policy Liability Disclaimer Service Modifications Telephone Charges Billing/Payment Terms Cancellation/Termination Account suspension/Reactivation Fees Acceptance of User Agreement

Nauticom cannot be held responsible for incorrect information. Neither Nauticom nor its information providers shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or outdated information, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from. Nauticom does not, under normal circumstances, monitor or edit the content on any website, newsgroup, email transmission, or other material posted or transmitted through Nauticom connections. However, Nauticom may remove, at its discretion, content that may be illegal and/or in violation of the Nauticom Acceptable Use Policy. Violation of this policy, in any form, may result in suspension and/or termination of access to Nauticom services. By registering for or accessing any Nauticom service, the user agrees to the terms and conditions specified in this document. Nauticom reserves the right to modify this document at any time, with the condition that changes will be published on the Nauticom website.

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Unacceptable use of service includes, but is not limited to:

• Violations of U.S. export control laws
• Probing hosts or networks without authorization from the administrator of the system
• Interference of the service of another user or network, including deliberate attempts to overload a server, create damage, or to cause disruption of service
• "Spamming," or the unsolicited, electronic mass mailing of items
• Distribution of unsolicited marketing, advertising, or personnel recruiting materials
• Forging electronic mail headers, in an attempt to conceal your identity on Nauticom's systems
• Abuse resulting from any compromised subscriber system [ for example: a virus/trojan infected system, an improperly configured proxy or mail server] may result in suspension of account access without prior notification to the subscriber.

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• Prohibited on Nauticom Internet Services Network
  • "Spamming" - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Forging electronic mail headers in an attempt to conceal your identity
  • "Mail bombing" - flooding a user or site with very large or numerous pieces of email
  • Transmitting spam which is intended to advertise a Nauticom hosted website
  • Obtaining a third-party to spam on your behalf
  • Spamming of a sub lessee of your site in the event that you are an authorized reseller of Nauticom connectivity
  • Spamming to Usenet newsgroups
  
  
• Violation of Email and Usenet Restrictions shall result in
  • Liability for any and all costs incurred by Nauticom resulting from violation, including but not limited to attorney's fees and costs resulting from Postmaster responses to complaints
  • Liability for any and all costs incurred for clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations [$125 per hour clean-up fee]
  • Review of subscriber accounts/services for possible termination. A second violation will result in immediate termination of the subscriber's accounts/services
  • Liability for any and all Investigation Fees [$125 per hour] incurred for Nauticom personnel time spent investigating any violation

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Nauticom Residential DSL Subscribers agree not to host any server in conjunction with DSL connectivity. In the event that a subscriber attempts to host a server on the Nauticom network, without consent from Nauticom Systems Administration and/or in the absence of a signed Nauticom Business contract, Nauticom may suspend/terminate DSL services and/or increase fees associated with the user's DSL agreement without notice.

Exceptions to this policy may be granted assuming that the subscriber makes his request in writing, listing the following details:

1. Software to be installed and run on server.
2. Purpose of server (testing, educational, telecommuting to office, etc.).
3. Statement that any server connected to said DSL line will not be used:
   • To run any business or gain any profit
   • With the intent to allow open mail relay
   • With the intent to distribute unsolicited mass email (spam)
   • To run an open proxy server
   • In a manner which consumes an excessive amount of bandwidth on Nauticom's network and/or systems as determined by Nauticom at its sole discretion.
4. The subscriber agrees that Nauticom may request at its discretion, at any time during the length of service, the removal of any server or system connected to the DSL line. This request may be made verbally or in writing.

If said request is not responded to within the requested time period or if Nauticom is unable to contact the subscriber to make said request, Nauticom may, at its discretion, suspend DSL access immediately. If service is suspended, reactivation of service may take up to 2 weeks. Nauticom is not liable for any monetary loss resulting from suspension of service.

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The following are in violation of acceptable use of Nauticom connectivity and all related services: accessing any Nauticom service in such a manner that knowingly or unknowingly violates any local, state, national, or international law. Nauticom services may not be used in such a manner that will violate any law, trademark, or privacy right.

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Nauticom generally does not object to links to Nauticom websites from third-party sites. However, there are certain conditions that must be followed: Unless Nauticom enters into a specific written agreement with you, you may not use any of Nauticom's names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to a Nauticom site using the plain text name of that site or the plain text name of Nauticom. Do not present the link to Nauticom's site in any way that suggests Nauticom has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site. Do not use any of Nauticom's names, logos, designs, slogans, product trademarks, or service marks in any advertising, publicity, and promotion or in any other commercial manner without the prior express written permission for a particular use from Nauticom. Nauticom asks that you link only to the home page/first page/registration page of the Nauticom site. Please do not incorporate any content from the Nauticom site into your site (e.g., by in-lining or framing). Do not use any of Nauticom's names, logos, designs, slogans, product trademark or service marks, or any other words or codes identifying Nauticom's websites in any "meta-tag" or other information used by search engines or other information location tools to identify and select sites, without Nauticom's express written permission for a particular use.

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Subject to and in accordance with current provisions under the Digital Millennium Copyright Act Nauticom Internet Services is in compliance with U.S. Copyright laws. The DMCA requires that Nauticom take specific action upon notification of infringement of copyright. Nauticom subscribers and non-subscribers must comply with the DMCA, in connection with any Nauticom service or function, including but not limited to written and unwritten communications. Nauticom policy provides for immediate termination or denial of service for any individual infringing the copyright of another party. Copyright representatives may contact Nauticom to report infringement of copyrighted material(s) hosted by or connected to Nauticom Internet Services or its associated organizations. Nauticom will, with receipt of written complaint and in compliance with the requirements of the DMCA, withdraw or cease access to infringing material. If the subscriber complies with DMCA counter-notice provisions, Nauticom will inform the party(s) alleging infringement that materials and/or connection(s) will be restored unless the party(s) alleging infringement receives and presents a court order preventing such action.

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Nauticom provides copyright information for informational purposes. Nauticom will not offer legal advice and/or counsel with respect to copyright law. Notification of infringement and/or any counter of notification must include all necessary information, identification, and signatures, in accordance with the DMCA. Furthermore, Nauticom acts on behalf of the DMCA and will not act in representation to any party. Please submit any complaint of infringement via the agent information below. Under DMCA, misrepresented claims of infringement may include liability for materials and costs incurred, resulting from removal or access denial to alleged copyright infringement. Further, U.S. copyright law provides penalties for false counter notice in response to copyright infringement notification.

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Nauticom Copyright Agent Contact:
Copyright Agent
Nauticom Internet Services, Inc.
2591 Wexford-Bayne Road
Spectra Bldg. 2, Suite 400
Sewickley, PA 15143
Phone: (724) 933-9800
Fax: (724) 933-9888
dmca@nauticom.net

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Nauticom holds high standards for the protection of our clients' privacy. The only information Nauticom obtains about individual visitors to the Nauticom website is information the visitor supplies voluntarily. Visitors can navigate the Nauticom website without revealing who they are or providing any further information. Like many other organizations, Nauticom collects non-individual specific information about site visitors, but it is used solely for the purpose of improving and evaluating the effectiveness of our website. As required by law, Nauticom does not sell or disclose any individually identifiable information obtained about online visitors unless specifically authorized by that visitor. Nauticom makes efforts to ensure that client privacy is protected at all times, and employs security measures to safeguard all transactions. Some of Nauticom's web pages may contain links to other sites on the Internet. Nauticom is not responsible and cannot be held liable for the content of or privacy practices employed by other sites.

Nauticom reserves the right to monitor the electronic transmissions of both subscribers and non-subscribers as seen necessary in providing service, improving service, and for any purpose relating to optimization of Nauticom Internet Services’ Networks. Network activity may be monitored when required to operate Nauticom systems, or upon advice or subpoena with regards to any legal matter. While safeguards are in place to ensure the security of Nauticom systems, we make no guarantee, written or implied, that safeguards will prevent any breach of security.

As a means to protect the security of our customer accounts and our network, Nauticom elects and has the authority to test for security holes in any server attempting to connect to our network and mail servers. Testing includes, but is not limited to, both open relay and open proxy testing.

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Nauticom Internet Services maintains the highest standards of ethical conduct in all its marketing activities and is committed to complying with all federal and state laws.

No employee or agent of Nauticom Internet Services shall engage in telemarketing practices that violate the provisions of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, or applicable state regulations. In performing its duties under these requirements, Nauticom Internet Services provides a written copy of this Do Not Call Policy to all personnel or entities that make calls for telemarketing purposes on our behalf. In addition, we also provide training to all our business office personnel and any personnel engaged in any aspect of telemarketing on our behalf, to ensure that they are informed and knowledgeable in regard to the existence, use and maintenance of our “Do Not Call” list.

If you don't want to receive sales calls from Nauticom Internet Services, you can ask us to place your telephone number on the Nauticom Internet Services "Do Not Call" list. In compliance with federal and state laws, upon your request, we'll make a record in our files that you contacted us and we will immediately add your number to our “Do Not Call” list. Please allow up to 30 days for your telephone number to be removed from any sales programs that may currently be underway.

• To add your telephone number to our “Do Not Call” list, you can make your request in writing to the address below or by calling 724-933-9800. You should include your name, address and telephone number in your request.

Attention: “Do Not Call” List Administrator
Nauticom Internet Services
2591 Wexford Bayne Road
Suite 400
Sewickley, PA 15143

• If you have multiple telephone numbers, please tell us all numbers that you want included on the “Do Not Call” list.
• You'll remain on our "Do Not Call" list for five years, unless you ask to be removed.
• If your telephone number ever changes, you must give us your new information for your "Do Not Call" status to remain in effect.

Being on Nauticom Internet Services’ "Do Not Call" list means that you will not receive sales calls by anyone representing Nauticom Internet Services. We may still contact you, however, for non-solicitation and non-telemarketing purposes. This would include things like surveys, billing and other service-related matters.

Please note that the Nauticom Internet Services “Do Not Call” list restricts marketing contacts from Nauticom Internet Services only, so you may continue to receive calls from other companies including affiliates of Nauticom Internet Services unless you also contact those other companies directly. However to make this process easier, you may add your number to the National Do Not Call List. You may do so by calling 1-888-382-1222, or going online at https://www.donotcall.gov/.

Please be assured that Nauticom Internet Services respects your right to privacy.

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Nauticom neither makes nor guarantees any expressed or implied warranties of service or equipment, including but not limited to implied warranties of merchantability or fitness for a particular purpose. The user hereby acknowledges and agrees that Nauticom shall not be responsible for any failure of user's transmissions beyond the control of Nauticom. Examples of such failures may include, but are not limited to: natural disasters, labor problems, failure of recipient's equipment, incompatibility of recipient's equipment, failure of data line provider's equipment, delay in the installation or provisioning process of services, or interruptions in service caused by the customer. Nauticom hereby excludes any and all warranties, expressed or implied, written or verbal, including warranties of merchantability or fitness for a particular purpose, and the user agrees to the exclusion of warranties. The User agrees that the Internet connection and any other information obtained through Nauticom services is accepted at the subscriber's own risk. The User shall hold Nauticom harmless against any and all liabilities, damages, and costs, including attorney fees resulting from any claims or actions asserted by any third parties that arise through use of the Internet connection.

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Nauticom reserves the right to modify services in lieu of technological updates. Nauticom reserves the right to modify your service or features thereof offered through the Nauticom systems. Technological or procedural changes, including routine system upgrades, may occur without notice to the user.

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It is the responsibility of the user to verify the locality of dial-up number selected to access one's Nauticom Dial-up account. Nauticom is not responsible for toll charges incurred while accessing its services.

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Payments are due by the close of business on the 15th of every month. Payments submitted past this date may be subject to additional charges and/or account suspension/collections procedures. Acceptable forms of payment include personal check, money order, cashiers check, and credit card (MasterCard, American Express, Discover, and Visa). Nauticom does not accept cash payments.

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To process your cancellation, Nauticom must receive notice in writing, either via U.S. mail, fax, or via email. Please contact Nauticom at:
Nauticom Internet Services
2591 Wexford-Bayne Road, Suite 400
Sewickley, PA 15143
Phone: 724-933-9800
Fax: 724-933-9888
billing@nauticom.net

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Nauticom reserves the right to suspend an account at any time, for any reason, without notification to the user. Any Nauticom service suspended for non-payment and/or failure to comply with the Acceptable User Policy is subject to an additional fee to reactivate services.

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This Agreement shall be construed as being controlled by the laws of the Commonwealth of Pennsylvania. Further, the laws of the Commonwealth of Pennsylvania will govern any dispute arising from the terms of this agreement or a breach of this Agreement. The Customer agrees to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Pennsylvania.

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By accessing Nauticom services, whether as a Nauticom subscriber or otherwise, the user agrees to these terms of service. Nauticom reserves the right to monitor user transmissions in an effort to guarantee the privacy and ease of use for all users of Nauticom services. Any modification to the Nauticom Acceptable Use Policy is effective only in writing, signed by an authorized agent of Nauticom Internet Services.

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© 2006 Nauticom, All Rights Reserved | Acceptable Use Policies