Use and Misuse of Services
You agree that you will use Cline Communications' services as listed through http://clinecommunications.net as (the "Services") in compliance with the Cline Communications Terms of Service Agreement, all applicable laws and regulations, and the following guidelines. You may use the Services only for lawful purposes, in compliance with all applicable laws.
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use or transmit through the Services any material or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Cline Communications' employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates the terms of the Agreement or these guidelines;
- may damage, disable, overburden, or impair Cline Communications' servers or networks;
- interferes with any other party's use and enjoyment of the Service; or
- attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
Cline Communications' may take any legal and technical remedies to enforce the Agreement and these guidelines, including without limitation, immediate termination of your account or access to the Service. Cline Communications has no duty to monitor or pre-screen content or material uploaded or stored through the Service; however, Cline Communications reserves the right to remove or block content and other materials from the Service for any reason, but it is not responsible for any failure or delay in removing such material.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD CLINE COMMUNICATIONS HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CLINE COMMUNICATIONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM CLINE COMMUNICATIONS AS A RESULT OF CLINE COMMUNICATIONS' DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLINE COMMUNICATIONS' CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
You may not use the Services to transmit, directly or indirectly, any unsolicited bulk communications such as e-mail. You may not induce or allow others to use the Services to violate the terms of this section. Cline Communications may terminate your access or use of the Services immediately and take any other legal action if you or anyone using your access to the Services violates this section. Cline Communications may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
In addition to the general prohibitions against Spam stated above, you may not use the Services directly or indirectly to send unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups; spoof accounts (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); engage in passive spamming (promoting a website hosted by Cline Communications by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generate a higher volume of outgoing mail than a normal user; propagate chain letters; and subscribe someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at Cline Communications or elsewhere. Cline Communications recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Cline Communications may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information or as otherwise provided in a legal proceeding.
Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, Cline Communications reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Cline Communications will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
CLINE COMMUNICATIONS MAY IN ITS COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO PREVENT ABUSES TO THE SERVICES. System abuse includes any use of Cline Communications' resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a Cline Communications' server without Cline Communications' prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Cline Communications' servers. CLINE COMMUNICATIONS RESERVES THE RIGHT TO MONITOR ITS SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES. YOUR CONSUMPTION OF THE SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF CLINE COMMUNICATIONS' USERS GENERALLY.