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are responsible for abiding by the rules set forth in the
paragraphs below. Any violation of the terms set forth below may
result in immediate suspension and/or termination of all services
currently being provided.
 Acceptance of Terms
Request of services will be deemed to constitute
acceptance of the terms, conditions, rules and regulations of TNH.
The rights and responsibilities conferred by acceptance of this
agreement are non-transferable.
Cancelation
Cancellation of all services require 30 day notice
and must be done via the
termination form located at
http://www.nyi.net/terminationform.phtml Please note: inactive
but non-cancelled accounts will continue to be billed.
System Security
Keep all passwords confidential. We cannot be
responsible for any loss of data resulting from the customer sharing
his/her password. Unless our records indicate that your
account/files have been maliciously accessed you will be held
responsible for all activity in your account or under your
login/password. If your password has been lost, stolen or otherwise
compromised, please contact TNH via it's
Helpdesk
Limitation of Liability
TNH's services are provided on an "as is, as
available" basis and no warranty, express or implied, including but
not limited to those of merchantability or fitness for a particular
purpose, is made with respect to TNH or its services. In addition,
TNH makes no guarantee regarding availability of ANY services,
including but not limited to dial-up services, connectivity or
system functionality. TNH.net assumes no liability for failure of
dial-up services, connectivity or system functionality unless such
failure is attributable solely to failure of equipment under TNH's
sole and exclusive control.
Miscellaneous
TNH will take action against any parties found in
violation of this policy. TNH reserves the right to terminate
service at any time and without warning when a violation of our
policy has occurred.
Any complaints regarding prohibited use or other abuse of the TNH
Network, including violations of this Acceptable Use Policy, should
be sent via e-mail to TNH at:
abuse@topnotchhosting.com.
Please include all applicable information that will assist TNH in
investigating the complaint, including all applicable headerlines of
forwarded messages
TNH is under the jurisdiction of the laws of the State of New York
and this agreement shall be governed by the laws of the State of New
York and is subject to the jurisdiction of the courts of the State
of New York.
If any paragraph or part of this agreement is held to be
unenforceable or invalid, the agreement shall remain in force and
effect and the invalid portion of the agreement shall be treated as
if omitted.
This agreement shall be made part of but shall survive other account
or subscription agreement entered by the parties hereto, unless
otherwise specified. We reserve the right to amend our rules,
regulations and prices without prior notice. Whenever possible such
shall be made available on our web site at
http://www.topnotchhosting.com. Please check other sections of our
web site for complete price list for applicable account details.
Non-enforcement or waiver of any section of this agreement does not
constitute consent or continuing waiver. TNH reserves the right to
enforce this agreement at its sole discretion.
TNH does NOT normally monitor the contents of packets and is not
liable for the contents of any communications made on its network.
As a result of not following the Acceptable Usage Policy,
there may be fines imposed, disruption of service, termination of
services, and possible legal consequences. TNH's procedure is to
deal with each net-abuse case on an individual basis. Based on an
in-depth investigation and a determination of the severity. |
Service Termination
It is TNH's goal to protect network resources, preserve the privacy
and security of TNH's and our customers' networks, and maximize the
utility of TNH and the Internet.
All of the following are expressly prohibited and may RESULT IN
SERVICE TERMINATION, PROSECUTION, AND/OR FINE:
 Users are prohibited from
interfering or attempting to interfere with service to any other
user, host, or network on the Internet ("denial of service
attacks"). Examples of such prohibited activity include without
limitation (a) sending or receiving massive quantities of data (i.e.
"flooding" with ICMP, SMTP, or any other type of traffic that
exceeds accepted norms of size and/or frequency) with the intent of
filling circuits, overloading systems, and/or crashing hosts, (b)
attempting to attack or disable any user, host, or site, or (c)
using, distributing, or propagating any type of program, script, or
command designed to interfere with the use, functionality, or
connectivity of any Internet user, host, system, or site (for
example, by propagating messages, via e-mail, Usenet posting, or
otherwise, that contain computer worms, viruses, control characters
or Trojan horses).
Use of
service in such a way as to willfully or negligently burden our
servers disk space, CPU, network or other resources or to
effectively use TNH's resources to cause a "denial of service" for
other TNH customers or those connected to other systems or servers
on the network.
Users
are prohibited from intentionally or negligently injecting false
data into the Internet, for instance in the form of bad routing
information (including but not limited to the announcing of networks
owned by someone else or reserved by the Internet Assigned Numbers
Authority) or incorrect DNS information.
Lack of
Administration leaving common exploits opened to vulnerability.
Users of the TNH Network are responsible for educating themselves
and configuring their systems with at least basic security. Should
systems at a user's site be violated, the user is responsible for
reporting the violation and then fixing the exploited system. For
instance, should a site be abused to distribute unlicensed software
due to a poorly configured FTP (File Transfer Protocol) Server, the
user is responsible for re-configuring the system to stop the abuse.
Sending
unsolicited bulk e-mail ("UBE", or "spamming"). This includes, but
is not limited to, the distribution of UBE for commercial,
informational, advertising, political, or religious purposes.
Willful or negligent disregard of the privacy and/or autonomy of
other user(s), notably by sending e-mail or flooding Usenet
newsgroups (spamming).
Performing any act that is prohibited under common law or the
statutes or regulations of the City of New York, the State of New
York, the United States of America, or under any applicable
international convention.
Use of
Shell Servers or Egg Drop Servers.
Use of
IRC "bots" and IRC servers and clients.
Any
Pornographic content being hosted on TNH's network.
Publishing any material via TNH that violates any applicable
copyright, patent or trademark law or convention.
Any
actions deemed by Management of TNH to be damaging to the reputation
of TNH and its ability to serve its clients
Any
attempt to gain access to another member's account.
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