Acceptable Use Policy

Along with N2Net’s Terms of Service, clients must also understand and agree to the following Acceptable Use Policy.

N2Net’s Acceptable Use Policy is a living, dynamic document with a framework for updates, changes, or adjustments based upon progress and developments across a broad spectrum of technology industries, which will continually be edited and updated. N2Net clients acknowledge N2Net’s Acceptable Use Policy may evolve through updates, be expanded as needed, and serve a different purpose over time that may or may not reference previous iterative changes. It is the client’s responsibility to stay updated with any changes made to the Acceptable Use Policy. Questions regarding the Acceptable Use Policy should be directed to support@n2net.net.

SECTION 1 – GENERAL : As an Internet service provider (“ISP”), N2Net, a New Age Consulting Service, Inc. company, offers its Clients the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. N2Net wants its Clients to be fully informed of their rights and obligations, as well as those of N2Net, in connection with their use of the Internet. This Acceptable Use Policy, which may change over time, is intended as a guide to inform you of those rights and obligations. You indicate your acceptance of these policies by maintaining an account with N2Net, by using the N2Net network, services or facilities and or signing an N2Net Service Activation Form. N2Net may, at its discretion, supply one or more documents requesting a signature of acceptance for these policies. N2Net reserves the right to post changes and/or additions to this Acceptable Use Policy at any time without prior notice. N2Net recommends you review the Acceptable Use Policy posted on our web site on a regular basis, and be aware of any and all changes and/or updates to this document. N2Net reserves the right to cancel any account at any time, for any reason, including but not limited to violation of our Terms of Service and Acceptable Use Policy. Persons inquiring about an existing account or service, or wishing to sign up for a new account or service, must be 18 years of age or older and an authorized organization representative.

SECTION 2 – INTERNET CONTENT : The fundamental fact about the Internet is that no one owns or controls it. This fact accounts for much of the Internet’s value but it also places a high premium on the judgment and responsibility of those who use it, both in the information they may acquire and/or access and in the information they may store, disseminate, make available or otherwise transfer to others. Clients must understand that N2Net cannot monitor, verify, warrant or vouch for the accessibility, accuracy, quality, suitability, intent, authenticity, security or effect of the data, information, programs and/or machine code that they may acquire and/or access. For these reasons, Clients must exercise his or her best judgment in relying on information obtained from and/or accessed using the Internet and should be aware that some material and/or activity present on the Internet may be intrusive, sexually explicit, compromising, damaging or otherwise offensive. N2Net will therefore not accept any responsibility or liability for intrusive, compromising, damaging, inaccurate, unsuitable or offensive Internet media and/or communications nor will it accept responsibility or liability for any damage and/or loss incurred as a result of such activities and/or events. N2Net does not filter web content. It is the responsibility of the Client to filter their own web content, if desired.

SECTION 3 – CLIENT CONDUCT : N2Net is not liable for any information its Clients may create, disseminate or otherwise transfer. Clients are wholly responsible for any and all information they may create, disseminate or otherwise transfer using the N2Net network, services or facilities and are encouraged to become familiar with all laws and regulations pertaining to copyright infringement, intellectual property, fraudulent or malicious acts as well as hateful, defamatory and other harmful forms of speech. Information disseminated or otherwise transferred through the use of the N2Net network, services or facilities may reach a large number of people, including both Clients and non-Clients of N2Net and may cause harm to N2Net’s good name, reputation or operations. Clients are in violation of N2Net’s Acceptable Use Policy and the N2Net Terms of Service agreement when they, their affiliates or subsidiaries engage in any of the following activities:

• Distribution of Unsolicited Bulk Messages (Spamming) – The practice of mass distribution of unsolicited messages using e-mail or other message posting technologies (commonly known as “spamming”) is strongly disfavored among both Internet users and Internet service providers. Clients who engage in the practice of sending or posting unsolicited mass messages are in violation of our Acceptable Use Policy and may cause harm to N2Net’s reputation. Spam may require intervention by our staff in order to ensure efficient use of the N2Net network, services or facilities by its Clients. As a result, the process of purging the N2Net network, services or facilities of Spam caused by any N2Net Client is billable to the offending Client at the rate of $150.00 per hour. N2Net will terminate its services for anyone directly or indirectly participating in this activity without warning or notice.
• Copyright Infringement – Clients who infringe upon copyrights held by individuals, corporations or any other entity might also be held civilly and/or criminally liable for such acts.
• Storage, Distribution or Transfer of Obscene or Indecent Material – Clients who store, distribute or transfer indecent or obscene material using the N2Net network, services or facilities may be found to be civilly and/or criminally liable for such acts. Clients are encouraged to become familiar with any obscenity or indecency laws that may be applicable to them, their community or audience.
• Storage, Distribution or Transfer of Defamatory or Hateful Material – Clients who store, distribute, make available or otherwise transfer defamatory or hateful material using the N2Net network, services or facilities may be found to be civilly and/or criminally liable for such acts.
• Illegal or Unauthorized Access to Other Computers, Devices, Networks, Services or Systems – Clients who illegally or otherwise access other computers, networks or systems without authorization (commonly known as “hacking”) may be found to be civilly and/or criminally liable for such acts. Such acts may also include, but are not limited to, the creation, storage, distribution or transfer of computer viruses, worms, remote administration software (commonly known as “Trojan horse programs”) or other destructive, invasive, malicious or frivolous activities using the N2Net network, services or facilities.
• Export Control Violations – Clients who illegally store, distribute, make available or otherwise transfer certain types of software or technology using the N2Net network, services or facilities and are in violation of United States Export Control laws may be found to be civilly and/or criminally liable for such acts.

Clients who engage in any other activities using the N2Net network, services or facilities, whether lawful or unlawful, that N2Net determines to be harmful to N2Net, its officers, employees, Clients, operations, good name or reputation, including any activities that restrict or inhibit any other user from using or enjoying the network, services or facilities owned, operated or provided by N2Net or any other services available on the Internet, may be in violation of N2Net Acceptable Use Policy or the N2Net Terms of Service Agreement. Clients are encouraged to employ courtesy, fairness and common sense and to act responsibly when using N2Net’s networks, services or facilities.

SECTION 4 – NETWORK MONITORING : The responsibility for avoiding any and all potential or actual harmful events, practices, persons or activities rests primarily with the Client. However, N2Net may monitor the communications of its Clients to ensure that they comply with the N2Net Acceptable Use Policy, Terms of Service, the N2Net Privacy Policy and/or applicable laws, practices or procedures which may be implemented in order to protect and ensure the availability, usability and proper function of the networks, services or facilities used by N2Net and its Clients. N2Net reserves the right to remove information that violates its policies, implement devices designed to block offending transmissions, persons, organizations, networks, services, devices or entities and/or take any other action N2Net deems appropriate or necessary to protect and ensure compliance with its policies or to protect its good name and reputation, including termination of a Client’s account without notice or refund.

SECTION 5 – CLIENT INFORMATION & PRIVACY : An N2Net Account contains billing, technical and administrative contact information. It is the Client’s responsibility to insure that these contacts are valid and to provide updated information when necessary. N2Net is concerned with the privacy of on-line communications. Generally, the Internet is no more or less secure than other communications media, including postal mail, facsimile or voice telephone services, all of which can be intercepted or otherwise compromised. As a matter of prudence, however, N2Net urges its Clients to assume that all of their on-line communications are insecure. N2Net cannot take any responsibility for the security of communications transmitted using N2Net’s networks, services or facilities. N2Net will comply fully, however, with all applicable laws concerning the privacy of its Clients’ on-line communications. N2Net will not intentionally disclose to any outside entity or third party, any private electronic mail messages sent or received by a Client or any personal information about the Client unless it is required to do so by law or unless N2Net deems such disclosure is necessary to ensure the availability, usability and proper function of the networks, services or facilities used by N2Net and its Clients or to assist a debt collections agency of N2Net’s choosing for the purpose of collecting a past due debt owed to N2Net by the Client. N2Net may, from time to time, be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests.

SECTION 6 – BILLING, TERM & TERMINATION : N2Net bills for services dependent on the service term chosen, from the date the service is activated. Should a Client who has signed and executed a Service Agreement, Service Activation Form or contract with N2Net wishes to cancel the service, the signed Service Agreement, Service Activation Form or contract takes precedence over this document in regard to cancellation terms . Unless canceled per the Client’s executed Service Activation Form, Service Agreement or contract with N2Net, all services will renew automatically for a like term, and payment will be made in the same manner in which the previous payment was made. If a Client is under contract with N2Net for an extended period of time or for a prepaid period of service, N2Net will bill in accordance with the timetable relevant to the contract or term period. Account credits and or refunds are determined on an individual case basis and issued upon request. Clients who are eligible and request a credit or refund, must allow twenty-one (21) business days for the processing of their credit or refund request. Payment of any amount billed by N2Net to its Clients is subject to the conditions listed in N2Net’s Terms of Service. Accounts for which payment in full has not been received by the due date will be considered to have become past due. All billing statement totals are in denominations of US dollars and all payments due or past due must be submitted in denominations of US dollars. If a Client’s check payment is returned to N2Net due to insufficient funds or is marked “NSF”, N2Net will assess to the Client’s account a returned check fee in the amount of forty ($40.00) US dollars. N2Net requires both a billing e-mail address and a billing postal address for all accounts. Billing invoices and or statements will be sent via e-mail to the billing email address on file. It is the responsibility of each Client to keep the designated billing e-mail address for their account up to date, and to retrieve the N2Net billing invoices and statements in a timely manner. If a Client is unable to retrieve their N2Net billing statement at any time or for any reason, the Client must contact the N2Net Billing Department for assistance. Cancellation of services requires a written 30-day notice. Any service or account requested to be canceled as per N2Net’s Terms of Service will be given an effective date of cancellation. A final invoice or statement will be issued according to the effective date of cancellation . If a Client’s account becomes past due N2Net reserves the right to refer any information obtained about the account holder using the account or any other information it can obtain relating to the past due account to one or more third party debt collections services of its choosing. Negative information regarding the Client’s credit worthiness may be placed in the Client’s credit history files as a result of such referral.

SECTION 7 – LEGACY DIAL-UP NETWORK ACCESS : Each N2Net dial-up Internet account includes unlimited hours per month but are not permitted to maintain continual connections. If a Client is logged in and has no activity (is idle) for 10 minutes, the Client may be automatically disconnected from the service. Use of a ping or “keep alive” program is strictly prohibited. There is also a mandatory 5-hour continuous use session limit. Should either type of disconnect occur, the Client is permitted to immediately dial back into the service. No continual connection may be maintained with N2Net unless specifically contracted for and itemized in your contract and/or billing statements.

SECTION 8 – CONTINUOUS HOSTING : N2Net does not permit the use of Internet access accounts as a continuous hosting source for incoming traffic such as game servers, web servers, FTP servers, or the like, unless specifically detailed on an executed N2Net Service Agreement and within the guidelines of agreement.

SECTION 9 – INTENDED USE: Only the Client or individual which is approved by the Client, may use the Service. N2Net reserves the right to immediately modify, suspend or terminate the Service or Device if it is determined, in its sole and absolute discretion, that the Client has at any time used the Service or Device for any of the following or similar activities:

• The Client shall not resell or transfer the Service or the Device to another party without proper written consent from N2Net.
• The Client is prohibited from using the Service or Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation, charitable, or political solicitation or poling), fax or voicemail broadcasting or fax or voicemail blasting.
• The Client shall not attempt to hack or otherwise intentionally disrupt the Service(s) or make any use of the Service(s) that is inconsistent with its intended purpose.

SECTION 10 – INDEMNIFICATION : N2Net emphasizes that in opening and use of an account with N2Net, Client shall indemnify and hold harmless N2NET, its directors, officers, employees, representative, agents, interconnect service providers and suppliers, against any and all claims, liabilities, loss, cost or damage, including N2NET’s or Clients; attorney’s fees and costs of litigation, whether or not based upon this Agreement, that are asserted by Client. Further, Client shall indemnify and hold harmless N2NET, its directors, officers, employees, representatives, agents, interconnect service providers and suppliers against any and all claims, liabilities, loss, cost, or damage including N2NET’s attorneys’ fees that result from any claim or actions that are asserted by Client or third parties (including but not limited to Client’s Clients) that arise in any way out of this agreement or the Service or, Client’s use or misuse of the Service or, arise from noncompliance with the Acceptable Use Policies of N2NET, in violation of law, or any defect, dangerous condition, or malfunction of Client’s premises or equipment. Any action brought by Client against N2NET shall require that Client post bond in an amount equal to any outstanding invoices and Fees plus an amount equal to the estimated amount of N2NET’s attorney’s fees and costs associated with defending such action.

To report abuse of N2Net’s Acceptable Use Policy should be directed to support@n2net.net.