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MFI.net's Acceptable Use Policy (AUP)

This Acceptable Use Policy specifies the actions prohibited by MFI.net to users of the MFI.net Network. MFI.net reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://www.mfi.net/aup.asp.

ILLEGAL USE

MFI.NET services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The following General Violations are expressly prohibited:

Impersonation/Forgery - Adding, removing, or modifying identifying network header information (aka "spoofing") in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is especially frowned upon. Please note, the use of anonymous remailers and nicknames does not constitute impersonation.

  • Network unfriendly activity - Any activities that adversely affect the ability of other people or systems to use MFI.net's services or the Internet are prohibited. This includes "denial of service" (DoS) attacks against another network host or individual user.
  • Privacy violations - Attempts, whether successful or unsuccessful, to gain access to any computer system or customer's data, without consent, are prohibited.
  • Threats - Threats of bodily harm or destruction of property are always prohibited.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. MFI.NET will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

EMAIL

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited for both MFI.net customers and outside users. A user shall not use another site's mail server to relay mail without the express permission of the site. Examples of illegal use of MFI.net's email services include, without limitation, the following:

  • Commercial e-mail - Sending unsolicited commercial e-mail is prohibited. Using an MFI.net e-mail or website address to collect responses from unsolicited commercial e-mail is prohibited.
  • Mail bombing - Sending large volumes of unsolicited e-mail is prohibited.
  • Harassment - Sending threatening or harassing e-mail is prohibited. If after being requested to stop, an MFI.net user persists in e-mailing another Internet user, MFI.net may intervene. Extremely threatening or harassing e-mail is always prohibited.

NEWSGROUPS

Please use your judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Newsgroups can be valuable resources if used properly. Spam and off-topic articles originating from MFI.net diminish the usefulness of this resource for everyone. There is no restriction on content, except as defined by each newsgroup. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited. Please note that commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use.

ACCESS TO INAPPROPRIATE MATERIAL

All USERS on MFI.net represent to MFI.net that they are 18 years of age or older. Certain material available on the Internet through MFI.net's services may not be suitable for individuals under the age of 18. It is the responsibility of the USER to secure his/her computer system(s) so those individuals under the age of 18 do not gain access to such material. In the event that any of this material is protected by a special username and/or password given to USER by MFI.net, it is the responsibility of the USER to keep their username and password confidential. Distributing the password given to USER by MFI.net to other parties is strictly prohibited. The USER understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to USER. Access to such materials is at the USER's own risk. MFI.net has no control over and accepts no responsibility whatsoever for such materials.

FINANCIAL

Sharing Dial-Up accounts with anyone other than immediate family members, or reselling service without express written consent from MFI.net, or offering any public information service, such as running a web server or FTP server, is prohibited. Using programs to defeat system timers limiting inactivity is prohibited. Untimely payment of any and all amounts due may result in account cancellation.

EXCESSIVE BANDWIDTH OR DISK UTILIZATION

MFI.net account descriptions specify limits on bandwidth and disk utilization, and use in excess of those limits is not permitted. The total number of bytes transferred from an account's Web and FTP space determines bandwidth utilization. Disk utilization is determined by the total number of bytes required to store an account's Web, FTP, and Mail data.

Processes that run or are activated while the USER is not logged in, or processes that run unattended are not allowed ("unlimited access" does not mean "dedicated line"). If excessive bandwidth or disk space utilization is determined to adversely affect MFI.net's ability to provide service, immediate action will be taken. The account owner will be notified by e-mail as soon as possible.

UNLIMITED ACCESS

Unlimited access only applies to actual computer usage and does not apply when a user is away from their computer. Unlimited access is NOT a dedicated line. Unlimited access is not meant to be used unattended. Therefore, unlimited access is limited to 400 hours a month.

REPORTING

If you are aware of a potential inappropriate use, please direct the information to MFI.net's Technical Support Staff at support@mfi.net. The MFI.net Technical Support Staff will investigate potential violations carefully before taking action. All complaints we receive will be actively investigated, and action will be taken when and where it is appropriate. Depending upon the severity of the abuse and the history of the account involved, we may take any one or more of the following actions:

  • Issue warnings: written or verbal
  • Suspend newsgroup posting privileges
  • Suspend the account
  • Terminate the account
  • Bill for administrative costs and/or reactivation charges
  • Bill for excessive bandwidth usage

If you are aware of potential inappropriate use, please direct the information to the Technical Support Staff at the appropriate address. The Technical Support Staff will investigate potential violations carefully before taking action.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN MFI.NET CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Terms and Conditions for USER access to the MFI.net NETWORK

This agreement represents the complete agreement and understanding between MFI.net (a division of TSC Industries, Inc.), its affiliates, and the account holder (hereinafter called USER) and supersedes any other written or oral agreement. MFI.net may modify these terms and conditions, amplify them, or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Accounting Department by phone at 352-369-9900 during normal office hours, or by E-mail to: billing@mfi.net so we may terminate your account. Failure to notify MFI.net shall constitute your approval.

STATEMENT OF WARRANTY

MFI.net exercises no control whatsoever over the content of the information passing through its network. Use of any information obtained via MFI.net's services is at USER's own risk. Neither MFI.net nor any of its licensors, employees or agents warrants that the service will be uninterrupted or error free; nor does MFI.net or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither MFI.net nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of MFI.net, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Not withstanding any other provision of this agreement, the total liability shall in no event exceed a refund of unused or unearned user fees.

UNAUTHORIZED SHARING OF ACCOUNTS

The right to use MFI.net's services is not transferable. Accounts are for use by USER's only. USER is responsible for the confidentiality of USER's passwords. Loaning USER's account to others, specifically, the sharing or selling of usernames and passwords, group use of a single USER login unless otherwise allowed through network services, and consuming more than one modem line are explicitly prohibited. If the USER has multiple accounts, then the USER is limited to one login session per system account at any time. Violation of this policy will be dealt with through all means available, including but not limited to prosecution under civil and criminal law.

PAYMENT TERMS

The USER is responsible for any and all fixed and cumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the USER of payment obligations.

Credit card customers agree to allow MFI.net to bill such card on each successive billing date without obtaining the USER's permission after the initial charge. Credit card customers shall notify MFI.NET of any changes in credit card number or expiration date. If the credit card is not honored for any reason MFI.NET will attempt to notify the card holder by using the telephone information given at sign-up. MFI.NET will call the card holder ONE time, if alternative billing has not been established within seven (7) days, the account will be terminated.

If payment is by check, payment due dates are indicated on your invoice. Billed accounts (not credit card) are invoiced monthly, quarterly, or annually. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 5 days of the due date, service will be terminated. A late fee (currently $2.50) will be applied to your account. If you wish to reestablish your service with MFI.NET, a reconnection fee (currently $5.00) may also be charged.

MFI.NET has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to a $25.00 administrative fee. Termination of service shall not relieve the USER from the obligation to satisfy outstanding invoices. In the event MFI.NET utilizes an attorney to collect such sums, the USER shall be responsible for the payment of all of MFI.NET attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the USER's relationship with shall be in Marion county, in the state of Florida.

MFI.NET reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the USER on a pro-rata basis. The USER must notify MFI.NET in writing to cancel service. Any refund requests must be made in writing at the time the account is closed. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies MFI.NET within seven days of establishing said service.

In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer.

ENFORCEMENT

The law that applies to these Terms and Conditions is the law of the state of Florida. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of MFI.NET shall continue in force even in the event of termination of these Terms and Conditions on other grounds. MFI.NET's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

ACCEPTANCE OF TERMS

By the use of a MFI.NET account the USER accepts the terms and conditions set forth in this agreement. These Terms and Conditions were last changed May 17, 2000

 

 

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