ACCEPTABLE
USE POLICY
1. Introduction.
NYAir ’s Acceptable Use Policy (“AUP”) is intended to help enhance the use
of the Internet by preventing unacceptable use. Any and all Users of NYAir ’s
services [User’s who access some services but do not have accounts
(“Visitors”) as well as User’s who pay a monthly service fee to subscribe
to the services (“Members”)] must comply with this AUP. NYAir supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, NYAir does not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary Web sites. However, in accordance with this Agreement, NYAir may remove any materials that, in NYAir ’s sole discretion, may be illegal, may subject NYAir to liability, or which may violate this AUP. NYAir may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. User’s violation of this AUP may result in the suspension or termination of either User’s access to the Services and/or User’s NYAir account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Broadband Internet Service Agreement and other policies. The Service and NYAir ’s network can only be used for lawful purposes. 2. Violations. The following constitute violations of this AUP: A. Illegal Use. Using the Services
to transmit any material (by email, uploading, posting, or otherwise) that, intentionally
or unintentionally, violates any applicable local, state, national, or international law,
or any rules or regulations promulgated thereunder. Using the Services to harm, or
attempt to harm, minors in any way. Using the Services to transmit any material (by
email, uploading, posting, or otherwise) that threatens or encourages bodily harm or
destruction of property. Using the Services to transmit any material (by email,
uploading, posting, or otherwise) that harasses another. Using the Services to
transmit any material (by email, uploading, posting, or otherwise) judged to be
threatening or obscene. B. Fraudulent Activity. Using the
Services to make fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as “pyramid schemes,” “ponzi
schemes,” and/or “chain letters.” Adding, removing, or modifying
identifying network header information in an effort of forgery to deceive or
mislead. Impersonation or attempting to impersonate any person by using forged
headers or other identifying information (the use of anonymous remailers or nicknames does
not constitute impersonation). Using deliberately misleading headers
(“munging” headers) in news postings in order to avoid spam email address
collectors. Unsolicited commercial email/ Unsolicited bulk email “mail
bombing.” Using the Services to transmit any unsolicited commercial email or
unsolicited bulk email. Activities that have the effect of facilitating unsolicited
commercial email or unsolicited bulk email whether or not that email is commercial in
nature. Attempts or participating in attempts to use NYAir ’s services as a
“staging ground” to perform and/or attempt to perform fraudulent activity. C. Unauthorized Access. Using the
Services to access, or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of NYAir ’s or another entity’s computer
software or hardware, electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of data. D. Copyright or Trademark Infringement.
Using the Services to transmit any material (by email, uploading, posting, or otherwise)
that infringes any copyright, trademark, patent, trade secret, or other proprietary rights
of any third party, including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted software. NYAir
is registered and protected under the Digital Millennium Copyright Act of 1998. E. Collection of Personal Data. Using
the Services to collect, or attempt to collect, personal information about third parties
without their knowledge or consent. F. Reselling the Services. The
Service is intended solely for use within the building in which it is originally installed
and for the User to which it is originally assigned. User may not share the Service
with other locations, unrelated parties, other business entities or their employees.
Reselling Internet services without prior written authorization by NYAir is strictly
prohibited. G. Network Disruptions and Unfriendly Activity.
Using the Services for any activity which adversely affects the ability of other people or
systems to use NYAir ’s Services or the Internet. This includes "denial of
service" (DoS) attacks against another network host or individual user.
Interference with or disruption of other network users, network services, or network
equipment is prohibited. It is the Member's responsibility to ensure that their
network is configured in a secure manner. A Member may not, through action or
inaction, allow others to use their network for illegal or inappropriate actions. A
Member may not permit their network, through action or inaction, to be configured in such
a way that gives a third party the capability to use their network in an illegal or
inappropriate manner. H. News. NYAir Members should use their
best judgment when posting to any newsgroup. Many groups have charters, published
guidelines, FAQs, or "community standards" describing what is and is not
considered appropriate. Usenet can be a valuable resource if used properly.
The continued posting of off-topic articles is prohibited. 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. Please familiarize yourself with basic USENET netiquette
before posting to a newsgroup. NYAir considers "multiposting" to 10 or
more groups within a two-week sliding window to be excessive. NYAir servers
currently limit the number of allowable "cross-posts" to 9. NYAir Members
may not cancel messages other than their own messages. A Member may cancel posts
forged in that Member's name. NYAir may cancel any postings which violate this AUP. I. Residential Accounts
usage. Using a personal account for high volume or commercial use is
prohibited. The Services are intended for periodic, active use of email, newsgroups,
file transfers, Internet chat, games, and browsing the World Wide Web. It is the
responsibility of each User not to over use this resource. 3. Reporting
Violations of NYAir ’s AUP. NYAir requests that anyone who believes that
there is a violation of this AUP to direct the information to our Abuse Department
at: abuse@NYAir.Net. If available, please provide the following
information: The IP address used to commit the alleged violation, the date and time
of the alleged violation (including the time zone or offset from GMT), evidence of the
alleged violation. Email with full header information provides all of the above
information, as do syslog files. Other situations will require different methods of
providing the above information. A. NYAir may take any one or more of the
following actions in response to complaints: i. Issue written or verbal
warnings. ii. Suspend the Member's account. iii. Terminate the Member's account. iv. Bill the Member for administrative costs
and/or reactivation charges. v. Bring legal action to enjoin violations and/or
to collect damages, if any, caused by violations. 4. Revisions to NYAir ’s AUP. NYAir reserves the right to revise, amend, update, modify and/or otherwise change this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with this Agreement. Continuation of use of service after changes to this AUP signifies agreement with and to said changes. NYAir.Net POB 42 Greenville NY 12083 Email: support@NYAir.Net |