Surfin' America's Acceptable Use Policy


This document outlines Surfin' America's conditions of Acceptable Use. The user agrees to abide by these rules as a condition of use. By using the services provided by Surfin' America, the Customer acknowledges that he or she has read and understands these policies and agrees to be bound hereby.


Changes to Acceptable Use Policy:

Surfin' America notifies users of changes to its Terms and Conditions of Sale and Acceptable Use Policy via email sent to the members of its Points Of Presence Mailing lists. Users that are not signed up for a POP Mailing List will not be sent notification.

  1. Changes to the Terms and Conditions of Sale and/or the Acceptable Use Policy take effect 30 days after the changes have been posted to Surfin' America's web site or upon renewal of the customer's account, whichever is shorter.
  2. The customer has the option of canceling their account should they decide that any changes to the user policy are unacceptable to them. However, Surfin' America is not obliged to refund any pre-paid charges to the customer as a result of any such cancellation.
  3. Continued use of Surfin' America's services following changes made to the Terms and Conditions of Sale or the Acceptable Use Policy shall be considered acceptance of those changes.
Simultaneous Use of Multiple Dialup Connections

Your membership grants you a non-exclusive, non-transferable right to access and use your Surfin' America connection on any machine of which you are the primary user.

  1. You may not, however, access the service on more than one machine at a time or using more than one modem at a time.
  2. You may be connected to more than one of Surfin' America's incoming lines at a time only if you have been granted express permission to do so. Users with permission to use more than one line at a time (such as ISDN users) may only do so when those lines are connected to the same device (such as two B channels per ISDN terminal adapter) and when they are connecting to the same Surfin' America Point Of Presence (such as two B channels connected to the Somerville dialup location). These two connections are then to be used as one connection (otherwise known as Binding).
  3. Users who are found to be using more than one connection at a time without permission or in a manner not consistent with the above provisions will be subject to disciplinary action up to and including termination of the service agreement without refund for any pre-paid services.
Unlimited Interactive Use
  1. Some Surfin' America accounts allow the Customer Unlimited Interactive connection time via Surfin' America's Dialup lines. This gives the Customer the non-exclusive and non-transferable right to make and maintain a connection to Surfin' America's network via a telephone line or other communications connection.
  2. Unlimited Interactive Use, however, is limited to direct interactive use of your computer. You must be using your computer directly, and not connecting your computer to Surfin' America and allowing others to access your computer. Running a server or information service is not an interactive use in this context.
  3. Customers found to be using their accounts in a manner inconsistent with this policy in the sole and final judgment of Surfin' America are subject to disciplinary action up to and including account termination without refund for pre-paid services.
Confidentiality of Passwords
  1. The Customer agrees that it is their responsibility to maintain the confidentiality of their password. This includes the responsibility to change their password on a regular basis. The Customer acknowledges that Surfin' America will not normally prompt or remind them to change their password at regular intervals.
  2. The Customer agrees to select a password that is non-trivial, and cannot be easily guessed based upon personal knowledge of the Customer (ie, the Customer's name), and is not listed in a dictionary. Good passwords consist of 6 to 8 alphanumeric characters of mixed upper and lower case.
  3. The Customer agrees that they are not to share their password with any unauthorized person, and that sharing their password is equivalent to giving that person permission to use their account.
  4. The Customer agrees that they will be held responsible for the actions of anyone using their account with their permission, including the cost of any goods or services ordered and the penalties for any violations committed.
Storage of Files on Surfin' America's Servers
  1. Surfin' America reserves the right to deny the customer access to files stored on its servers and to review their contents in order to determine if violations of the Terms and Conditions or the Acceptable Use Policy have occurred.
  2. Email messages sent and received by Surfin' America customers are stored as files on the Surfin' America servers, and are thus subject to the above policy.
  3. It is the Customer's responsibility to keep backups of their own important files.
  4. Surfin' America does back up its servers and does keep backups of customer files, but these backups are intended for hard disk and file system emergencies and are not meant to protect an individual Customer's files from accidental or intentional deletion. In short, keep your own backup copies on your own system and do not depend on Surfin' America's system backups. If you fail to do so, the risk is yours to take and the consequences are yours to deal with.
  5. When an account is deleted, either by Surfin' America or by the Customer, the files stored by that account on Surfin' America's servers may be deleted and will not be recovered for the customer. Surfin' America may, at its option archive the customer's files for it's own use, and may deny the Customer access to those files if the situation warrants.
File and Email Privacy
  1. Surfin' America wishes to safeguard the privacy of customer files (including email), however the sanctity of files stored on Surfin' America's servers should not be assumed. Surfin' America system administrators have access to any and all files stored on Surfin' America's servers and may review the contents of those files (including email) to determine if crimes or violations of the Acceptable Use Policy have occurred, or to diagnose system problems, or for any other reason.
  2. Surfin' America does not assume legal responsibility for the privacy of files stored on its servers. Sensitive information should be protected by strong encryption. It is the Customer's responsibility to obtain, learn, and use encryption software if they plan to use Surfin' America's servers to store or transmit sensitive information.
Disruption of Service to Other Customers
  1. Any act which results in the disruption of service to other Surfin' America Customers or to other Internet users will subject the Customer to immediate account cancellation without refund for pre-paid services, and may subject the Customer to liability for the cost of services lost, plus the costs of investigation.
  2. Any act which results in a loss of enjoyment of service to any other Surfin' America Customer or to other Internet users may subject the Customer to disciplinary action up to and including account cancellation without refund for pre-paid services.
  3. Loss of enjoyment of service need not involve an interruption in the use of service, and can include any action which makes the service less enjoyable for that person to use. Annoying, harassing, or threatening communications to other Internet users are examples of acts which may result in loss of enjoyment of service to other Internet users.
Hacking
  1. Any attempt to gain unauthorized access to any system, either on Surfin' America's network or any other network, will subject the Customer to disciplinary action up to and including, but not limited to, immediate account cancellation without refund for pre-paid services, and may subject the Customer to liability for damages caused and costs incurred by the unauthorized access or attempt to gain unauthorized access. Customer also agrees to reimburse Surfin' America's costs associated with investigating the incident.
  2. Any unauthorized attempt to read another user's files (including email) on Surf NJ!'s servers is considered hacking and will be treated as such under the above provision.
Use of Surfin' America's Email Services
  1. The Customer agrees not to transmit unsolicited commercial email ("UCE") messages to any Surfin' America or Internet user via their Surfin' America account or via any other Internet connection that in any way implicates Surfin' America.
  2. The Customer agrees not to include their Surfin' America email address in the body or header of any unsolicited commercial email message.
  3. The Customer agrees not to include the URL of any web site hosted by Surfin' America in the body or header of any unsolicited commercial email message.
  4. Customers found to be in violation of this policy in the sole and final determination of Surfin' America will be subject to immediate suspension and eventual termination of the Customer's account without refund for pre-paid services.
  5. The Customer agrees that Surfin' America may charge the Customer $10 per intended recipient of any message sent in violation of this policy to compensate Surfin' America for the loss of its good will and good reputation in the Internet community and for the time spent by Surfin' America staff tracking the Customer's identity, deleting any of their messages remaining on Surfin' America's mail server, and responding to complaints from recipients of the unsolicited commercial email.
  6. The Customer agrees that Surfin' America may store their name, address, and other personal information in a private database for the purpose of refusing to grant them future access to Surfin' America's services if Surfin' America determines that the Customer has violated this policy.
  7. The Customer agrees that Surfin' America may share their name, address, and other personal information with other Internet Service Providers and notify them that the Customer's account at Surfin' America has been terminated for transmitting unsolicited email should Surfin' America determine that the Customer has violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.
Use of Surfin' America's Usenet News Services
  1. The Customer agrees not to post messages to newsgroups which do not pertain to that newsgroup's stated charter.
  2. The Customer agrees not to cross-post messages to multiple newsgroups that are inflammatory and meant to start an argument between the users of those newsgroups.
  3. The Customer agrees not to post messages which advertise a commercial product or service in an inappropriate way, either by doing so in a repetitious manner or by cross-posting the same message to several newsgroups that are otherwise unrelated (otherwise known as "Spam").
  4. The Customer agrees not to post inappropriate or Spam Usenet messages via their Surfin' America account or via any Internet connection that in any way implicates Surfin' America.
  5. The Customer agrees not to include their Surfin' America email address in the body or header of any inappropriate or Spam Usenet post.
  6. The Customer agrees not to include the URL of any web site hosted by Surfin' America in the body or header of any inappropriate or Spam Usenet post.
  7. Customers found to be in violation of this policy in the sole and final judgment of Surfin' America are subject to immediate suspension and eventual termination of the Customer's account without refund for pre-paid services.
  8. The Customer agrees that Surfin' America may charge the Customer $10 per message posted and $10 for each newsgroup that the message is cross-posted to, in order to compensate Surfin' America for the loss of its good will and good reputation in the Internet community and for the time spent by Surfin' America staff tracking the Customer's identity, canceling their posted messages and responding to complaints from displeased readers of the message(s).
  9. The Customer agrees that Surfin' America may store their name, address, and other personal information in a private database for the purpose of refusing to grant them future access to Surfin' America's services if Surfin' America determines that they have violated this policy.
  10. The Customer agrees that Surfin' America may share their name, address and other personal information with other Internet Service Providers and notify them that the Customer's account at Surfin' America has been terminated for posting Spam articles should Surf NJ! determine that the Customer violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.
Purchase or Sale of Goods via the Internet
  1. The Customer acknowledges that any goods or services not clearly identified as being sold by Surfin' America are offered by third parties via the Internet.
  2. The Customer acknowledges that all transactions involving third parties are solely between the Customer and the third party and do not involve Surfin' America in any way.
  3. Surfin' America makes no warranties or representations whatsoever regarding goods or services offered by third parties via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of third parties or the Customer.
  4. Surfin' America makes no warranties or representations whatsoever regarding goods or service offered by Customer via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of the Customer or third parties.
  5. Furthermore the Customer agrees to indemnify and hold Surfin' America harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which Surfin' America may become subject to or arising out of the purchase or sale of goods and/or services by the customer via the Internet.
  6. If the Customer is found to be fraudulently offering goods or services via the Internet using their Surfin' America account, Surfin' America reserves the right to terminate the account without notice and without refund of any pre-paid charges.
Impersonation of Surfin' America Staff
  1. The Customer agrees not to impersonate an Surfin' America staff member for any purpose, including, but not limited to, obtaining private information from users of Surfin' America or of other Internet Service Providers and Online Services.
  2. Impersonation of an Surfin' America staff member may subject the user to disciplinary actions, including, but not limited to termination of the service agreement without refund and charges calculated to compensate Surfin' America for the loss of good will and good reputation among the Internet community.
  3. Surfin' America will cooperate fully with law enforcement authorities in cases where a Customer impersonates an Surfin' America Staff member in such a way as to defraud other users of Surfin' America or the Internet or violate any other federal, state, or local law or international treaty and will seek the assistance of various law enforcement agencies when it becomes aware of such activities.

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