The internet is a community of users. Like all healthy communities, rules provide an environment for life, liberty, and the pursuit of happiness. Consequently, NetHere has developed it's own rules which govern both how NetHere relates to you as a customer, and how you interact with the larger internet. We have attempted to minimize the legalese, and apologize for any inconvenience. But, they allow us to provide you with the best service, support and performance. Please read the following agreements prior to the initiation of your service and review this site from time-to-time for updates.


Terms and Conditions:
Your agreement and acceptance of these Terms and Conditions or use of NetHere Inc construes acceptance of these Terms and Conditions and Acceptable Use Policy which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. NetHere Inc reserves the right to modify these Terms and Conditions and Acceptable Use Policy and change pricing and/or services at any time without notice.

No Warranties:
With respect to the services provided, unless outlined below, NetHere Inc makes no warranties of any kind, whether expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. NetHere Inc takes no responsibility for any damages suffered by Customer, including, but not limited to, loss of data from delays, non deliveries, mis-deliveries, or service interruptions caused by NetHere Inc.'s own negligence or Customer's errors and/or omissions.
It is a customer's responsibility to maintain their web pages. NetHere Inc is not responsible for loss of data in regards to web pages. The owner of the web page must keep a valid copy of all web space material
.

From time to time, NetHere may withdraw or modify product specifications with or without notice. We make no warranty or representation that the replacement product, if any, will be compatible with the customers existing software or equipment. Examples may include but are not limited to dial-up acceleration, network quality of service, phone support, technical support, web hosting tool sets, operating system support, or any other product feature. In such cases, Customer's sole and exclusive remedy is to request a refund for the unused term of service. The amount and existence of any refund shall be determined by NetHere in its sole and absolute discretion. »TOP

LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS ON NETHERE'S OBLIGATIONS AND LIABILITIES

A. NetHere offers a 30-day money-back guarantee on its dial-up internet access product. If the Customer is not completely satisfied with the product and cancels his/her account within the first 30 days and has used the account less than a total of five hours, he/she is entitled to receive a full refund of any amount paid to NetHere, less any set-up or installation fees.

B. To receive the refund the customer must notify NetHere, via electronic mail, at guarantee@NetHere.com of their service cancellation. This electronic mail must be received by NetHere within 30 days of the account's creation. NetHere will then confirm that the customer used the account less than five hours, and if so, refund the amount to the customer.

C. After the initial 30-day period or more than five hours of use, services provided by NetHere to the Customer shall be deemed accepted for all purposes. No claim related to such accepted services may be raised at a later date.

D. NetHere's liability to Customer hereunder is limited to the amount paid to and received by NetHere. NetHere will use its best efforts to maintain performance, but NETHERE MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NETHERE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NETHERE NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on NetHere's part, even if NetHere has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

E. Customer will take all necessary measures to preclude NetHere from being made a party to any lawsuit or claim regarding NetHere services provided to Customer. Customer hereby agrees to indemnify and hold harmless NetHere from any and all such lawsuits or claims.

F. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in NetHere's terms and conditions and acceptable use policies outlined in the subscriber agreement.

G. NetHere reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion. »TOP

Limited 99% Network Availability Guarantee; DISCLAIMERS OF WARRANTY;
LIMITATIONS ON NETHERE'S OBLIGATIONS AND LIABILITIES
A. NetHere offers a 99% Network Availability Guarantee on each of its dedicated Internet access products. If the Customer's service is interrupted or does not meet the performance standards of the product description for greater than 1% of the billing period, the Network Availability Guarantee is applicable. Please note that any outages or deficiencies that are the result of the customer's actions do not constitute an outage in terms of this guarantee. As part of its network management and monitoring, NetHere will attempt to calculate any credits on a real-time basis. Should the customer feel that NetHere has missed a credit, they can then apply by sending an e-mail to guarantee@nethere.com. NetHere must receive all claims within 45 days of the close of the billing period in question.
B. Should a credit be applicable, NetHere determines the sum of the outages (rounded up to the nearest whole hour) related to server interruption. This figure is divided by 720 (NetHere's total hours per billing cycle), to derive the percent of the billing cycle that the service was impaired. The percentage is then applied to the total monthly service charge to calculate the account credit amount. The total credit is then applied to the customer's account for the next billing period.
C. NetHere's liability to Customer hereunder is limited to the amount paid to and received by NetHere. NetHere will use its best efforts to maintain performance, but NETHERE MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NETHERE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NETHERE NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on NetHere's part, even if NetHere has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

D. Customer will take all necessary measures to preclude NetHere from being made a party to any lawsuit or claim regarding NetHere services provided to Customer. Customer hereby agrees to indemnify and hold harmless NetHere from any and all such lawsuits or claims.

E. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in NetHere's terms and conditions and acceptable use policies outlined in the subscriber agreement.

F. Sending and receiving e-mail relies on servers, networks, SPAM mitigation techniques, and SPAM filters. NetHere does not warranty and does not represent that the Customer will be successful sending or receiving e-mail from a particular account. The Customer should not rely on our e-mail system for delivery of important communications; we recommend that the user confirming the communication with their counterpart. For any and all reasons, NetHere retains no liability for these events.

G. NetHere does not warranty the loss of e-mail on our system. System crashes may cause the loss of e-mail during transit or in storage. System crashes or reconfiguration may also cause the reset of mail classification which affects folder classification or state of mail downloads. The Customer should not rely on our e-mail system of the storage of important communications; we recommend that the user download the messages to their local system using a supported protocol such at POP3. For any and all reasons, NetHere retains no liability for these events.

H. NetHere reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion. »TOP

USE OF SERVICE & RESTRICTIONS: This service may only be used in accordance with NetHere's Acceptable Use Policy. You may not resell any account or service provided to you by NetHere Inc. »TOP

PRICING: NetHere Inc reserves the right to change its pricing at any time. If the customer is on a prepaid account, the customer has the right to accept or deny the new rates. Should the customer deny the new rates, NetHere Inc shall provide the customer a prorated refund at current rates of any unused time. »TOP

PAYMENT POLICIES: Automated credit card or check debit processing will be automatically renewed on your Account expiration date, unless account is cancelled 72 hours in advance of the expiration date. If cancellation request has not been confirmed prior to 72 hours, NetHere Inc is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or Credit Card Company. It is your responsibility to request corrections to any processing fees that occur after receiving your credit card/bank statement. No charges will be reviewed after 60 days from the day of challenge. Delinquent accounts will be placed on "hold" and may not be used until the account is brought up to date. Once account is placed on "hold" NetHere Inc cannot guarantee a user's mail file will be unaffected. There is a $10.00 service charge for each returned check.

ANNUAL DIALUP: Should you cancel your dialup Internet access account prior to the anniversary of your service start date, your refund will be prorated at the standard monthly rate. Prepayment of an annual amount for ANNUAL DIAL-UP is not an obligation of you to use service for a full year or for us to provide service for a full year. Either party may terminate service at any time for any reason. In such case, the usage time will be rounded-up to complete the current month of service, and a pro-rated amount will be refunded. In the case of termination by the customer, the pro-rated amount will be calculated by applying the standard monthly rate for service for the period when you were a customer such that any pre-payment discount will be lost to the customer. The amount will be further offset by any monies owed to NetHere by the customer.

ANNUAL WEB HOSTING: Should you cancel your web hosting account prior to the anniversary of your service start date, your refund will be prorated at the standard monthly rate. In addition, if you took advantage of a free domain registration, the cost of the domain will be subtracted from any refund you are entitled. If no refund is due, you will be charged for the domain. Prepayment of an annual amount for ANNUAL WEB HOSTING is not an obligation of you to use service for a full year or for us to provide service for a full year. Either party may terminate service at any time for any reason. In such case, the usage time will be rounded-up to complete the current month of service, and a pro-rated amount will be refunded. In the case of termination by the customer, the pro-rated amount will be calculated by applying the standard monthly rate for service for the period when you were a customer such that any pre-payment discount will be lost to the customer. If a free domain name was given to the customer, the then standard rate for a domain name will also be deducted from the customer refund. The amount will be further offset by any monies owed to NetHere by the customer.

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NON RENEWALS: Non renewed accounts that are unpaid after 14 days will be deleted. Deleted/terminated accounts may be reinstated upon payment of any outstanding charges. There will be a $10 reactivation fee to reinstate a terminated account. Interruption of accounts does not relieve you from past due charges. After termination of account NetHere Inc does not guarantee reservation of previous login. NetHere Inc is not responsible for loss of data in regards to web pages. All cancellation requests must be sent to NetHere by certified mail, or you must receive written confirmation from NetHere confirming cancellation to be effective.»TOP

HAZARDS OF THE INTERNET: You understand that the Internet provides access to adult and sexually explicit material, which may not be suitable for minors and may be offensive to some users. In some cases, computer viruses and other unwanted effects may result from accessing the Internet. Assume that communications on the Internet are not private. NetHere does not manage the activities of its users. You are responsible to monitor and censor the activity on your account. »TOP

CUSTOMER CARE: Setup fee includes initial configuration only. If at any time you need assistance in configuring your computer again, instructions can be mailed to you at no fee or NetHere can help you reconfigure your Internet connection for an additional setup fee to be charged on your credit card only. In some cases NetHere will encounter circumstances where it is difficult to resolve hardware/settings related issues over the telephone or via e-mail with a customer. In these rare instances NetHere may suggest that the customer brings their computer to NetHere’s offices for a physical review by one of NetHere’s technicians. As part of this option NetHere offers to perform a FREE evaluation (during normal business hours only 9 A.M. - 8 P.M., M-F, PST) for customers.

Please read carefully the policies & procedures that are associated with this option:

NetHere Policies & Procedures for Drop off Evaluation:
  • NetHere's liability for your equipment is limited solely to a refund of amounts you have paid us. All work is "as is" and "where is."
  • NetHere is not responsible for lost or damaged data; while we take precautions to insure that your data is kept safe, please make a file backup before dropping off your computer.
  • Under no circumstances shall NetHere be liable for any special, consequential, incidental, indirect, or exemplary losses or damages.
  • Customer represents to NetHere that all software installed and stored on computer is validly licensed to customer and will defend at its expense, such claims against NetHere.
  • All support is limited to NetHere’s Internet Access & Email including their officially supported software programs and or components. This support is also limited to NetHere’s products as governed by its terms and conditions of service, its acceptable use policy and any other product/service governing policy.
  • Support is only available to active NetHere customers whose account is in good standing. Support is also limited to one computer system per customer per year.
  • Customer understands that the average turn around time for a computer is 24 hours during the advertised evaluation period. This number maybe longer depending on environmental variables.
  • Equipment can only be dropped off or picked up during the evaluation period. NetHere does not provide immediate support for users with their equipment. Customers who arrive for unscheduled support visits will be asked to fill out the pc repair sheet and leave their equipment.
  • NetHere will only accept equipment that poses no clear safety risk for our technitions.
  • Equipment left over 30 days after the completion or refusal of estimate / recovery is considered abandoned and may be sold.
  • NetHere will contact customer as soon as evaluation is completed for the nextsteps.

NetHere shall not be liable for any damages including loss of data, loss of profits, incidental or consequential, or indirect from damages arising from engagement and will have no liability for any customer or third party directly or indirectly that equipment and / or data was damaged or rendered unusable during or after service with NetHere. Customer acknowledges all risk.

BY BEGINNING THE EVALUATION PROCESS, YOU AGREE TO THE TERMS OF THIS CUSTOMER AGREEMENT, JUST AS IF YOU HAD SIGNED THE CUSTOMER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS CUSTOMER AGREEMENT, PLEASE DO NOT BEGIN THE EVALUATION PROCESS. »TOP

INDEMNIFICATIONS: NetHere Inc is not responsible for any telephone charges incurred by dialing a number that is not local to you.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO LEGAL THEORY SHALL NETHERE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE NETHERE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NETHERE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NETHERE RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT NETHERE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

In no event shall NetHere's total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid by subscriber to NetHere Inc under this Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF NETHERE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NETHERE INC, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CERTAIN SUBSCRIBERS.
THE ABOVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES ARE MATERIAL PARTS OF THE BARGAIN BETWEEN THE PARTIES AND ARE REFLECTED IN SERVICE PRICING.
Subscriber agrees, at NetHere's request, to indemnify and hold NetHere Inc harmless from any claims and expenses, including reasonable attorneys' fees and expenses, related to Subscriber's violation of this Agreement or in exercising NetHere's rights. Customer agrees that the venue for all disputes, legal or otherwise, shall be San Diego, California.


In no event shall NetHere be responsible for any third-party damages, claims or reimbursement. This shall include without limitation toll charges related to telephone service. For example, you, the customer, are responsible for any telephone charges you may incur by dialing any access number outside your local calling area or according to your rate plan.

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SLIPSTREAM WEB ACCELERATION: For a limited time NetHere is offering an accelerated dial-up feature to its dial up for no additional charge.  This service currently relies upon a THIRD PARTY software client that you can obtain via download from NetHere Inc. The accelerated dial-up feature may need software provided by NetHere Inc. ("the Software").  This feature is only available to customers that are using a limited portion of our access numbers within the state of California. 

You agree that any software provided by or recommended by NetHere is installed AT YOUR OWN RISK.  These risks may include but are not limited to destruction of hardware, loss of data, and individual or professional services, among other risks.  The installation, use, inspection, maintenance, repair, and removal of the Software may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. NetHere and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. 

The appropriate level of support for a user or any product will be determined at our sole discretion and may include no support whatsoever.  If you are unable to perform self-installation, NetHere Inc. may suggest an outside vendor to help install the service, but that suggestion is without representation or warranty. You will be responsible for all costs, risks, results, and scheduling associated with the installation by a third party.
 
NETHERE INC. DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A ANY PARTY WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. SOFTWARE AND ANY SERVICE IS PROVIDED “AS-IS, WHERE-IS” AND YOU USE IT AT YOUR OWN RISK.  IN ADDITION, NETHERE INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

NetHere Inc. provides no representation or promise of service Because of the complex nature of internet service, availability, and the underlying infrastructure, NetHere reserves the right to modify, terminate or charge for the feature and its associated software at any time. 

SITE BUILDER: For a limited time, and at our sole discretion, NetHere is offering software that facilitates the creation and editing of a web site by a current or prospective web hosting customer. This software is a THIRD PARTY software HTML publishing system that is accessible via web browser over the Internet. NetHere reserves the right to add, remove or modify the publishing system and/or any of its features (components) at any time without notice. These changes may result in impairment or deletion of the customer web site created with this program, and the customer agrees to hold harmless NetHere in the event of these outcomes.

NetHere makes no representation as to the security, functionality, or support of the software.  The user agrees that the software use is entirely at their own risk. Features other than SiteBuilder”s basic features contained within the system’s web site publishing process probably will not function correctly.  

The software is designed to serve small, low trafficked, simple web sites. In the sole and absolute opinion of NetHere, if operation of the customer site creates an operational burden, then the site may be suspended without notice or the customer warned of an impending suspension. In either event, the customer may choose to upgrade to an appropriate hosting package or to another provider other than NetHere.  Such move will likely require the customer, at its sole expense and effort, to re-implement the site without reliance on SiteBuilder software.

Upon activation of a valid account, NetHere customers may use this software’s WYSIWYG editor to create a website and then publish the website to provisioned web space. Sites created with Sitebuilder must exclusively use the SiteBuilder program to make changes within their site. When the system publishes the files to the web space, the previous files are overwritten in their entirety, and no backup or fall-back copies are available. NetHere is not responsible for any loss of data for any reason including loss that results from the publishing process overwriting the previous site.

The system currently allows a user to create a demonstration website before they sign up for service with NetHere however a user will not be allowed to publish the demonstration site at the end of the process. NetHere will make attempts to keep the files available to facilitate new customer activation but NetHere is not responsible for the loss, alteration, performance or disclosure of any of this data in whole or in part.


Acceptable Use Policy Important Note: This information is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your NetHere account. »TOP

INTRODUCTION: When you open your NetHere account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. NetHere has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of NetHere's Acceptable Use Policy. The following factors guide the establishment and enforcement of NetHere's usage policies:

  • Ensure reliable service to our customers Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual user.


NetHere intends to provide its customers access to everything the Internet has to offer. While NetHere is firmly committed to the principles of free speech, certain activities are damaging to the resources of both NetHere and the Internet and cannot be permitted under the guise of free speech. The resources of NetHere and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We may not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
If a NetHere account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy may result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@NetHere.com. »TOP

GENERAL INFORMATION: Your NetHere account provides you access to a vast collection of networks and services around the world such as the World Wide Web, electronic mail, and newsgroups. Your use of these services is subject to the following policy. Violations of this policy may result in termination of your account with or without notice. In general, you may NOT use your NetHere account:

  • In a manner which violates any law, regulation, treaty or tariff;
  • In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your NetHere account;
  • In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
  • To threaten, harass, abuse or intimidate others;
  • To damage the name or reputation of NetHere, its parent, affiliates and subsidiaries;
  • To break security on any computer network, or to access an account which does not belong to you; or
  • In a manner which interferes with other customers' use and enjoyment of the services provided by NetHere. »TOP


NetHere reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.

ELECTRONIC MAIL: Your NetHere account gives you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for your guidance.
You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.
Forging, altering or removing electronic mail headers is prohibited.
You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
NetHere accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
If you use the services of another provider to promote a web site hosted by or through NetHere, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.

ELECTRONIC EMAIL LISTS:

  • Lists must be double opt-in only (no purchased lists)
  • *EVERY* message must include information on how to unsubscribe
  • The sender address (or From: address) must be forwarded to a valid mailbox   that is periodically checked or processed by a mailing list manager such as   Mailman (http://www.gnu.org/software/mailman/)
  • The sender address must be specified in the message envelope (as the MAIL   FROM: address) during the SMTP transaction with the mail server
  • The headers of the message must specify it as bulk email using the "Precedence: bulk" header
  • The headers of the message must include the following information (taken   from the bugtraq mailing list as an example):
List-Id: <bugtraq.list-id.securityfocus.com>
List-Post: <mailto:bugtraq@securityfocus.com>
List-Help: <mailto:bugtraq-help@securityfocus.com>
List-Unsubscribe: <mailto:bugtraq-unsubscribe@securityfocus.com>
List-Subscribe: <mailto:bugtraq-subscribe@securityfocus.com>
  • The contents of the message should be available in ASCII-text
  • No images should be embedded in the message itself
  • HTML messages should not include embeded JavaScript, Java, or Active-X
  • Messages must be for legal and legitimate purposes. Any illegal activity  may result in immediate service termination. »TOP

NEWSGROUPS: Your NetHere account gives you access to thousands of newsgroups. These newsgroups allow you to read and post messages on a variety of topics. Newsgroups may be moderated or un-moderated. Newsgroups may also have a charter or a FAQ that describes what subjects are appropriate for each newsgroup. Misuse of newsgroups may result in the termination of your service.
NetHere provides an uncensored newsfeed. As such, NetHere does not control the content of the newsgroups available to you. NetHere believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. NetHere is not responsible for the content of any newsgroup message, whether or not a NetHere customer posted the message.
Messages posted to newsgroups must comply with the written charters or FAQ's for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQ's explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. If you are unable to find a newsgroup's policy regarding commercial messages, you must assume that such messages are not welcome.
You may not post or cross-post the same or substantially similar message to more than 5 newsgroups. Continued cross-posting can result in termination of service and the cancellation of the message.
You may not post binary files to newsgroups not specifically named for that purpose.
You may not post messages promoting pyramid schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to newsgroups. Doing so will result in immediate termination of service.
You may not forge or remove header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
You may not solicit mail for any address other than your NetHere account or service where doing so manifests an intent to harass others.
You may not post messages for the purpose of threatening, harassing or intimidating others.
You may not post messages that infringe on personal or property rights of others (privacy rights or copyrights, for example).
You may not cancel messages other than your own, with the exception of official newsgroup moderators performing their duties.
NetHere does not censor or control content posted to a newsgroup. As a user of our service, you are solely responsible for the content that you publish. NetHere, upon receiving notification that certain posts violate this policy, or any state or federal law, or infringe on the trademarks or copyrights of another, reserves the right to remove such posts from our news server and to terminate your account. »TOP

PERSONAL HOME PAGE: Your account with NetHere may provide a personal home page space. NetHere may not routinely monitor the contents of your personal home page.
You are solely responsible for any information contained on your personal home page. However, if complaints are received regarding language, content or graphics contained on your personal home page, NetHere may, at its sole discretion, remove the personal home page hosted on NetHere servers and terminate your personal home page service.
You may not use your personal home page site to publish material that NetHere determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which NetHere concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.
Examples of prohibited personal home page content:

  • Materials which depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
  • Materials which suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
  • Materials which hold NetHere including its affiliates, employees or shareholders up to public scorn or ridicule.

Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation. »TOP

EXTRA E-MAIL BOXES: Your account with NetHere may provide extra E-mail box(es). All provisions of the Acceptable Use Policy apply to your use of extra E-mail boxes; in particular, please note the Electronic Mail, Newsgroups, and Security section of this policy. Misuse of extra E-mail boxes may result in the termination of your account.
As the primary account holder, you are responsible for all account activity. If a Secondary mailbox or mailbox alias is involved in a violation of the Acceptable Use Policy, your account, including all Secondary mailboxes and mailbox aliases may be terminated. A terminated account will result in lost e-mail and Internet access for all users of your account. Therefore, it is important that you make sure everyone you allow to use your account or a Secondary mailbox or mailbox alias understands all terms of this Acceptable Use Policy and the consequences of violations. »TOP

SECURITY: You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your user id.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. NetHere will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. »TOP

NETWORK PERFORMANCE: NetHere accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other customers or the performance of NetHere systems or networks. NetHere reserves the right to terminate or limit such activities.
You may not establish more than one connection to our network from your account at any one time, unless otherwise authorized.
You may not provide network services from your account (for example, you may not use your account to operate an ftp or a web server).
Messages left on NetHere's mail servers for more than forty-five (45) days are subject to immediate deletion. Mailboxes under five megabytes in total size will be exempt from the 45-day retention limit. Total mailbox storage is limited to ten megabytes without regard to the age of messages in the mailbox. Once the ten megabyte limit is exceeded, any incoming messages will be returned to the sender until the subscriber reduces mailbox size by removing mail from the server.
You may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, use of an auto-dialer and repetitive pinging of a host. »TOP

INTERNET RELAY CHAT: Although NetHere does not offer software or technical support for Internet Relay Chat (IRC), you may use your account to connect to IRC servers and networks maintained by third parties. Please remember that you are a guest when you make use of these facilities. It is particularly important that you do not engage in activities that might interfere with other customers' access to IRC.
You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel.
You may not engage in activities that harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.
You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation.
You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server. »TOP

ILLEGAL ACTIVITY: Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

  • Transmitting obscene materials
  • Intentionally spreading or threatening to spread computer viruses
  • Gaining or attempting to gain unauthorized access to any network, including NetHere's private network infrastructure
  • Accessing or attempting to access information not intended for you
  • Transmitting pirated software
  • Conducting or participating in illegal gambling
  • Soliciting for pyramid and other illegal schemes.»TOP

Legal Notices and Trademarks
NetHere Inc. maintains this site (the "Site") for your entertainment, information, education, and communication. Please feel free to browse the content of this site, including but not limited to the text and images herein and their arrangement, are copyright © 1999 by NetHere INC., Inc. All Rights Reserved. »TOP

If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials. Additionally, you may not distribute or transmit (except, within your business or organization), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without NetHere's written permission.

Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below. »TOP

Terms and Conditions
1. You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.

2. Your use of the Site is at your risk. NetHere Inc. makes no warranties or representations as to its accuracy and NetHere Inc. specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither NetHere Inc. nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

3. Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.

4. NetHere Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

5. If you send any enc. or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such enc. are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by NetHere Inc. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, NetHere Inc. is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

6. Materials displayed on the Site are either the property of, or used with permission by, NetHere Inc. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.

7. The Site refers to products and/or services that are generally available for purchase in the 48 continental United States and Alaska but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local NetHere Inc. authorized representative for specific product/service availability in your locality.

8. NetHere Inc. is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While NetHere Inc. may provide links on this Site to other sites; the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. NetHere Inc. disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

9. Although NetHere Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, NetHere Inc. is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such enc. nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. NetHere Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing NetHere Inc. to disclose the identity of anyone posting such materials.

10. NetHere Inc. may at any time revise these Terms and Conditions by updating this posting. Since your are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Legal and Trademark hyperlink at the bottom of the NetHere Inc. Web pages, to review the then current Terms and Conditions.

11. These Terms and Conditions are to be governed by and construed in accordance with the law of California, United States of America, without reference to its conflicts of law rules. Trademarks, the trademarks, logos, and service marks (collectively the "Trademarks"), listed below are trademarks of NetHere Inc. and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on the Site without the written permission of NetHere Inc. or such third party owner. »TOP

PRIVACY POLICY:
NetHere Inc. respects the privacy of every individual who visits our websites. This privacy statement provides notice of the standards and terms under which NetHere protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by NetHere, including www.nethere.com. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

A. Personally-Identifiable Information:

NetHere typically receives specific data about its website visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card to pay for services, submit your resume, or request certain types of information. When you provide personally-identifiable information to NetHere through one of our websites, it will be used to fulfill your specific request. In most cases, you will be given the opportunity to select whether you do, or do not, want NetHere to use this information for additional purposes. You may also request that NetHere not use your information by sending an e-mail to privacy@nethere.com, however, NetHere reserves the right, in its discretion, to send you bulletins and other important information about your NetHere services. NetHere will not sell or trade your personally-identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to the visitor or others. On those NetHere sites where you may provide NetHere with credit card or other ordering information via the web, NetHere protects and secures this information by employing commercially customary web-based security and encryption protocols, an example of which include Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, NetHere will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, NetHere assumes no obligation to protect such information from disclosure.

B. Non Personally-Identifiable (Generic) Information:

In general, NetHere gathers some generic information automatically. Generic information does NOT reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the NetHere sites visited. NetHere gathers this information for the limited purpose of determining customer service and website needs. We accomplish this by using certain technologies, including "cookies" (a technology that can be used to provide the visitor with tailored information about NetHere services). NetHere does not combine information collected in this way with any personally-identifiable information. You can set your browser to notify you when you receive a cookie and you can refuse it.

C. Your NetHere-Hosted Website, Bulletin Boards, Chat Rooms and Third-Party Sites:

Information that you disclose in a public space, including on any bulletin board, chat room, or website NetHere may host for you as part of your NetHere services, is available to anyone else who visits that space. NetHere cannot safeguard any information you disclose in these locations. Additionally, NetHere websites contain links to sites that belong to third parties unrelated to NetHere. NetHere cannot protect any information you may disclose in these sites and recommends that you review the privacy policy statements of those sites you visit.

D. Exceptions and Limitations:

Notwithstanding the foregoing and in compliance with applicable laws, NetHere (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to NetHere) or purported unlawful activities of any user of the Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, NetHere may be required to disclose personally identifiable information. In addition, NetHere may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate NetHere; or (iii) to protect the rights or property of NetHere or others. In connection with the potential sale or transfer of any of its interest in www.nethere.com and other sites owned by the company, NetHere reserves the right to sell or transfer your information (including, but not limited to name, address information, and other information you provided to NetHere) to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be NetHere's successor in interest with regard to the maintenance and protection of information collected and maintained by NetHere; and (iii) agrees to the obligations of this policy statement.

E. Notification of Changes:

If we decide to change our privacy policy, we will post those changes on our site www.nethere.com so our users are can be aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we would notify users by way of email. Users will have a choice as to whether or not we use their information in this different manner.

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Revised: 08-18-05