ETI Acceptable Use Policy (AUP)

Please know that it is each user's responsibility to know these Operating Rules of the ETI System and abide by them accordingly. Also, know that any user(s) found violating these Rules WILL BE BANNED FROM THIS SYSTEM. VIOLATORS GIVE UP THE RIGHT TO A REFUND OF ANY OR PART OF SUBSCRIPTION FEES OR ANY OTHER FEES COLLECTED, WHETHER PARTIALLY USED OR NOT, BY VIOLATING THE RULES OF THIS SYSTEM AS DEFINED BELOW. ALL VIOLATORS ALSO GIVE UP THE RIGHT TO ANY LEGAL RECOURSE AGAINST ETI, ITS OWNERS, ASSOCIATES AND EMPLOYEES.

1. No uploads or transfer of commercial copyrighted software are allowed to or from this system. The use of this system to relay such material between two or more systems outside of the ETI network is not allowed. Any uploads/transfers which are found to be copyrighted will be deleted immediately and the identified user will be reported to the Legal Authorities for prosecution. If you find a commercial file available for download, notify the System Administration immediately, so it can be removed promptly.

2. This system does not support, promote, and in anyway encourage, the distribution of copyrighted material including Adult content files, information, or Adult material. Do not indulge in transferring or receiving such material through this system. Violators will be dealt with, as allowed by the full extent of the law and will also be banned from this system WITHOUT ANY REFUND OF FEES PAID AND WITHOUT ANY RECOURSE.

3. Foul/inappropriate language and/or the harassment of other users is NOT acceptable, and will NOT be tolerated. These abuses could include, but are not restricted to: ping flooding, port disruption, or other denial of service attacks with malicious intent preventing people from using this system or outside systems effectively, or abuse of customer web sites by any means deemed extreme by the System Administrator, or sending harassing or threatening messages to people on or off our system. Violators may be Banned from the System WITHOUT ANY REFUND OF FEES PAID AND WITHOUT ANY RECOURSE; at the sole discretion of the management of ETI. If you find a violator on the system, it is your responsibility to bring it to the immediate attention of the System Administration.

4. Users of this system understand and accept that in the course of administering the system, any and all use of the system, including and without limitation to, commands entered, files stored, and communications with other systems; may be monitored. While every reasonable effort will be made to avoid disclosing any information so obtained, certain administrative functions may require said disclosure. Furthermore, administrative functions may require interference with the activities of the customer from time to time.

5. Activities as described in paragraph "4" above will be restricted to that which is required for administrating the system effectively, for quality and legal purposes and will include without limitation those activities needed to maintain the normal operation of the system and to detect and correct security problems. Users understand and accept that these activities are performed at the sole discretion of the administrators, whether the User is advised of them or not.

6. NO e-mail, file or any such method of carrying information on this System is or can be considered to be 100% "PRIVATE". All users should be aware that any information posted anywhere could be read by others to whom the information was not intended; even though the System offers personal email capability.

7. This system is not to be used for any form of 'illegal' activity. Any activity that is considered 'illegal' by the State of New Jersey and by the Federal Government Authorities of the USA is BANNED on this System. All violators will be reported to the appropriate authorities and prosecuted to the fullest extent of the Law. Such violators will indemnify ETI, and its owners, associates and employees from all damages and occurrence of such activity. ETI, its owners, associates and employees will NOT be held liable for any incident or occasion of such activity. Violators will be dealt with, as allowed by the law and will also be BANNED from this system WITHOUT ANY REFUND OF FEES PAID AND WITHOUT ANY RECOURSE.

8. All non-dedicated "Dial up Accounts" are single user, single instance accounts. Sharing of a single account with people other than the sole owner of the account is strictly prohibited. This includes, but is not limited to: allowing family, friends, associates, or anyone else, logging on to an account they do not personally own. Multiple simultaneous connections are strictly prohibited. This includes, but is not limited to: independent dialup connections from separate computers, multiple connections for multi-link capability, multiple locations connecting simultaneously.

9. All "Dialup Accounts" are interactive-use-only accounts. Idling on a dialup account is not permitted. Excessive periods of idling is strictly prohibited. Idling includes, but is not limited to: any unattended process such as, chat services such as IRC, ICQ, AOL Instant Messenger, Microsoft Messenger, etc.; mail checking programs; stay-connect programs. Idling is determined at the sole discretion of the system administrator, based on the total time of the connection and the amount of data transferred during those connections. If the system administrator finds the data transfer rate to be disproportionately low during connections, ETI reserves the right to declare the connection idle and take appropriate measure to prevent future violations. [ Not applicable to Dedicated Dialup Accounts ]

10. Any 'unsolicited e-mail or newsgroup posts' sent by a user on ETI as defined by the current spam guidelines or by the criteria set forth in this document constitute a system violation. In accordance with standard procedures, appropriate actions will be taken by the staff of ETI to prevent future offenses. Definition of spam:

• Transmission of unsolicited email or newsgroup posts to parties not explicitly requesting such information.
• Use of an automated mailing list sending mail to multiple addresses that DOES NOT utilize a 'remove' feature through an automatic responder. The remove feature must allow for the recipient of such a message to be automatically removed from the mailing list by returning the mail to a valid return address with 'remove' in the header.
• Forging address headers onto a piece of e-mail ( commercial or otherwise ) that is actually sent through either our e-mail server or another system's e-mail server. This includes 'cloaking' or any other means used to "hide" or "misguide" the recipient into believing that the e-mail originated from another person or address.
• The use of an account to receive responses to such illegal e-mail ( as defined in above)
• Please note that ETI, is not and shall not be liable for any e-mail sent by any party; whether they are ETI users or not, and regardless of whether any such e-mail was solicited or unsolicited.

SERVICE AGREEMENT