Acceptable Use Policy

Nebulis Acceptable Use Policy

1. Introduction

Nebulis supports the free flow of information and ideas over the Internet. Nebulis does not actively monitor nor does Nebulis exercise editorial control over the content of any Web site, electronic mail transmission, mailing list, newsgroup, or other material created or accessible over Nebulis's Service. However, Nebulis reserves the right to remove any materials that, in Nebulis's sole discretion, are potentially illegal, may subject Nebulis to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of your Nebulis Service. This Policy should be read in conjunction with Nebulis Network Inc.'s Internet Access Agreement.

2. Acceptable Use Policies

The following constitute violations of Nebulis's Policy:

2.1. Using an account for high volume use. If you would like to establish and utilize a high-volume account, please contact Nebulis's Business Sales Department at (888) 459-5905. Activities which are prohibited for Subscribers with personal accounts include, but are not limited to:

2.1.1. Maintaining a mailbox exceeding 10MB. A mailbox exceeding 10MB may, at Nebulis's discretion, be transferred to a compressed temporary file or storage. Subscribers will be notified at that time with further information. Nebulis reserves the right to delete the temporary file from the server 60 days after this notification. Any single email message exceeding 5MB in size will not be accepted for delivery and will be returned to the sender.

2.2. Using Nebulis's Service for illegal purposes or in support of illegal activities. Nebulis reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

2.2.1. 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.

2.2.2. Exporting software or technical information in violation of U.S. export control laws.

2.2.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.

2.2.4. Threatening bodily harm or property damage to individuals or groups.

2.2.5. Making fraudulent offers of products, items, or services originating from your account.

2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of Nebulis's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.

2.2.7. The unauthorized use of a person's name or likeness.

2.2.8. Posting or e-mailing of obscene or pornographic material, setting up a web page, ftp site, or other online repository featuring obscene or pornographic material.

2.3. Harassing others by 'mail-bombing' or 'news-bombing.' 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.

2.3.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.

2.3.1.1. Subscribers acknowledge that they are expressly prohibited from utilizing Nebulis's Service, Nebulis's equipment, or any Nebulis email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of Nebulis's Service, Nebulis's equipment, or any Nebulis email address(es).

2.3.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.

2.3.1.3. Subscriber specifically agrees that he/she/it will not utilize Nebulis's Service, Nebulis's equipment, or any Nebulis email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. A Subscriber responsible for these acts may be terminated at Nebulis's discretion. For each day upon which this provision is violated, Subscriber agrees to pay Nebulis $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, Nebulis may waive all or part of the applicable charge. In cases of willful violations of this provision, Subscriber agrees to pay Nebulis $200.00 per day. Nebulis at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent Nebulis from seeking to obtain other legal remedies against member, including other damages or an injunction.

2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time may there be simultaneous use of the same username and password combination.

2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through Nebulis's Service.

2.6. Distributing viruses to or from Nebulis's Service.

2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using Nebulis's Service or use the account for the purpose of operating a server of any type. (See section 3 below).

2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.

2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.

2.11. Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.

2.12. Installation of 'auto-responders,' 'cancel-bots,' or similar automated or manual routines which generate excessive amounts of Net traffic, or disrupt Net newsgroups or email use by others.

2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through an Nebulis account or re-mailer, or using an Nebulis account as a mail drop for responses.

3. Unlimited Service

Subscriber acknowledges that Nebulis's Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games, and browsing the World Wide Web. Subscriber further agrees not to use the Service on a standby or inactive basis in order to maintain a connection. Accordingly, Nebulis maintains the right to terminate Subscriber's connection following any extended period of inactivity as determined by Nebulis or after the duration of Subscriber's connection exceeds 24 consecutive hours.

4. Nebulis Assumes No Liability

Nebulis has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on Nebulis's systems, nor can Nebulis ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Nebulis does not assume liability to Subscribers or others for any failure to enforce the terms of this Policy.

5. Revisions to this Policy

Nebulis reserves the right to amend, alter, or modify the Policy at any time and in any manner. Any amendment, alteration, or modification is effective immediately upon posting on Nebulis's Web site (www.nebulis.net).

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