Subscriber Agreement . . .

Please read the following Subscriber Agreement carefully. The mere act of online registration with APT.net constitutes your acceptance to all of the below terms and conditions!

APT Point Net's
- Acceptable Use Policy -

Subscriber Access Terms and Conditions

This Policy represents APT Point Net's Acceptable Use Policy ("Policy") applicable to the customers ("CUSTOMER") of APT Point Net and its subsidiaries and supersedes any other written or oral Policy.  Upon notice published on-line via APT Point Net's web page APT Point Net may modify the Policy, amplify the Policy, as well as discontinue or change services offered.

APT Point Net reserves the right to revise this Policy at any time. CUSTOMER may view the most up-to-date version of this policy at any time at http://www.apt.net.

By using any of the services offered by APT Point Net, Inc., CUSTOMER is bound by and must comply with this Policy in its entirety.  Violations of the guidelines, delineated below, will result in cancellation of the CUSTOMER account. Policy or such other action as APT Point Net, Inc., in its sole discretion, may deem appropriate.
 

I.  SYSTEM AND NETWORK SECURITY
 

  1. CUSTOMER may not tamper with other accounts, or commit unauthorized intrusion into any part of APT Point Net's system, or use any of APT Point Net's machines, files, accounts, networks to intrude without authorization into any other system.
  2. CUSTOMER may not use APT Point Net's services not included in CUSTOMER's account, nor devise ways to circumvent security in order to access services CUSTOMER is not paying for. This clause includes, but is not limited to, the scanning of APT Point Net's or other networks with intent to breach and/or evaluate security.
  3. CUSTOMER may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account.  CUSTOMERS may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.
  4. APT Point Net will react strongly to the use or attempted use of Internet services or systems without the owner's authorization.  This clause includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.).  Additionally, customers may not use programs, scripts, commands nor send messages with the intent to interfere with a user's terminal session.

 

II.  EMAIL

  1. CUSTOMER may not send unsolicited e-mail to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited e-mail. APT Point Net services should not be used to send unsolicited advertising messages to other network users. CUSTOMER may not flood/spam newsgroups with commercial or non-commercial postings.
  2. In the event that CUSTOMER sends unsolicited e-mail through APT Point Net's Network CUSTOMER agrees to pay APT Point Net's UBE Cleanup fees.  UBE (Unsolicitated Bulk Email) is defined in Section II Paragraph 1. Apt.net's fees for UBE Cleanup are $500 + $1.00 per message sent + $10.00 per complaint received at APT Point Net. These charges are also posted on APT Point Net's web site and may be changed at any time.
  3. CUSTOMERS may not continue to send commercial e-mail to a recipient if recipient has requested that CUSTOMER discontinue such communication.
  4. APT Point Net prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
  5. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is not allowed.
  6. "Mailbombing" (i.e. flooding a user or site with large or numerous e-mail messages) is strictly prohibited.
  7. CUSTOMERS may not forge header information.
  8. APT Point Net prohibits the use of CUSTOMER's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
  9. The rules and regulations contained within this Policy apply to other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone.

 

III.  USENET

  1. APT Point Net may provide CUSTOMERS with uncensored newsfeed.  APT Point Net does not control newsgroup content nor is APT Point Net responsible for postings by APT Point Net's CUSTOMERS.
  2. It is the responsibility of posters to determine a newsgroup's etiquette. Therefore, CUSTOMERS that submit content to newsgroups must refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter or FAQ. Posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups.
  3. CUSTOMERS are prohibited from forging header information and from posting chain letters of any type.
  4. CUSTOMERS may only post binary files to newsgroups designed for that purpose.
  5. CUSTOMERS may not cancel nor supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their online responsibilities.
  6. APT Point Net prohibits the use of CUSTOMER's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
  7. At no time whatsoever, NEVER, shall APT Point Net knowingly condone or permit the inclusion of any materials relating to child pornography in its news feeds or customer base. With proper notice, APT Point Net will investigate and react to any allegation or affiliation of child pornography content used by a CUSTOMER or included in any newsgroup.

 

IV.  INTERNET RELAY CHAT (IRC)

  1. APT Point Net does not maintain an IRC server, however, CUSTOMERS may use their Internet connection to access the server of another provider.  In such a case, CUSTOMER is obligated to abide by the rules set forth by that provider as well as follow proper IRC etiquette.
  2. It is the responsibility of the CUSTOMER to adhere to the guidelines, implied or implicit, of a Chat Room's rules of decorum. If a CUSTOMER, through his/her own behavior or mere presence, causes other member(s) of said Chat Room to SPOOF or otherwise cause a flood of packets directed at CUSTOMER to arrive at APT POINT NET systems, interrupting or negatively impacting on the operational functionality of any or all servers, or delivery of service, of APT POINT NET, CUSTOMER's account can or will be terminated.

 

V. DIALUP ACCESS

  1. APT Point Net does not warrant that the POP (Point of Presence) dial in phone numbers provided are local, non-toll calls from CUSTOMER's location. CUSTOMER should check with the local exchange carrier in their area to verify local calling areas from their phone number. APT Point Net is not responsible for charges incurred by CUSTOMER from any telephone to APT Point Net for extended calling area, nor is it responsible for toll calls placed to APT Point Net.
  2. Although dial-up access is unlimited (i.e. we do not bill for access), it is not intended to be a full time connection nor are multiple concurrent logins permitted, unless specifically provisioned in service provided. On-line usage may not exceed 160 - 200 hours per month, 40 - 50 hours per week averaged. This amount of usage time frames are better than industry standards. After 15 minutes of inactivity, line will be disconnected.
  3. CUSTOMER agrees not to use any automatic method to avoid inactivity disconnect or automatic reconnection procedures to keep the connection active other than when the registered member is actively using it.
  4. APT Point Net accounts cannot be transferred or used by anyone other than the CUSTOMER. No more than one login session can be used at any time by the CUSTOMER on any system account unless specifically provisioned for such multiple simultaneous logins(ie. MultiLinkPPP). If the CUSTOMER has multiple accounts, the CUSTOMER is limited to one login session per system account at any time.

 

VI.  GENERAL

  1. Internet connections and all other services provided to the CUSTOMER by APT Point Net may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. APT Point Net reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement.
  2. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. APT Point Net does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at CUSTOMER's own risk.
  3. Use of any information obtained via APT Point Net is at your own risk. APT Point Net specifically denies any responsibility for the accuracy or quality of information obtained through its services. 
  4. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. 
  5. CUSTOMER agrees not to resell APT Point Net's products without the prior written consent of APT Point Net. 
  6. If APT Point Net cancels CUSTOMER's account for any reason, CUSTOMER agrees not to reregister without APT Point Net's written consent. In the event CUSTOMER reregisters without APT Point Net's prior written consent, APT Point Net will cancel CUSTOMER's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable immediately. 
  7. APT Point Net requires that CUSTOMER is qualified to contract. APT Point Net cannot accept payments from persons who are not at least eighteen (18) years of age. CUSTOMER will be held responsible for keeping all billing data for APT Point Net accurate and up to date. False data supplied for the contract between APT Point Net and CUSTOMER will be grounds for account termination. 
  8. APT Point Net exercises no control whatsoever over the content of the information passing through it. 
  9. The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify APT Point Net from any and all liability, claim, loss, damage or expense arising out of CUSTOMER's breach or violation of any covenant contained in this Policy, or resulting from the CUSTOMER's use of the service. 
  10. . CUSTOMER agrees to waive and hold APT Point Net harmless from any claims relating to any action taken by APT Point Net as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from APT Point Net as a result of the decision to remove material from its server, or to suspend or terminate CUSTOMER's account.

 

VII. POLICY ENFORCEMENT

  1. When APT Point Net becomes aware of an alleged violation of its Acceptable Use Policy, APT Point Net will initiate an investigation. During the investigation APT Point Net may restrict CUSTOMER's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, APT Point Net may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, APT Point Net will notify the appropriate law enforcement agency of such violation.

 

VIII. COPYRIGHT INFRINGEMENT

  1. If APT Point Net becomes aware of material that could be infringing on a third party's copyright, posted by CUSTOMER, it will initiate an investigation. If APT Point Net receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the CUSTOMER'S materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, APT Point Net, in its discretion, may, at any time, deny access to the challenged material of CUSTOMER.
  2. APT Point Net will notify CUSTOMER of the copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s). 
  3. APT Point Net shall have no liability, directly or indirectly, to Complainants or third parties for CUSTOMER'S infringing copyrighted materials. CUSTOMER shall reimburse APT Point Net for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

 

IX. REPORTING NETWORK ABUSE

  1. Any party seeking to report any violations of APT Point Net's policy may contact via e-mail: abuse@apt.net .

these pages copyright © 1999 admin@apt.net
APT POINT NET, Inc. PO Box 160217 Hialeah, FL 33016