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Acceptable Use

Acceptable Use Guidelines
for NetZero Services and the NetZero Web Site
PLEASE READ THESE ACCEPTABLE USE GUIDELINES ("GUIDELINES"), THE NETZERO SERVICES TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE NETZERO SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") AND THE NETZERO PRIVACY STATEMENT ("PRIVACY STATEMENT") (COLLECTIVELY, THE RULES) CAREFULLY BEFORE ACTIVATING AN ACCOUNT WITH NETZERO FOR INTERNET ACCESS SERVICES, THE RELATED SOFTWARE, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY WEB SITES MANAGED OR OWNED BY NETZERO (COLLECTIVELY THE "NETZERO SERVICE" OR THE "NETZERO SERVICES") OR DOWNLOADING THE SOFTWARE PROVIDED BY NETZERO. BY USING NETZERO SERVICES, YOU AGREE TO BE BOUND BY THE RULES.

The Terms and Conditions, License Agreement, Guidelines and Privacy Statement may be found at the NetZero Site: http://www.netzero.net/

If at any time after activation of your account for NetZero Services, you do not agree to be bound by the Rules you should immediately end your use of the NetZero Services and return or destroy all copies of software provided by NetZero, including third party software distributed by NetZero. NetZero may change these Rules at any time. Such changes will be posted on the NetZero Site and such posting will constitute notice to you. You agree to review changes to the Rules prior to any use of the NetZero Services and if any change is not acceptable to you, you agree to terminate your use of the NetZero Services. Your continued use of the NetZero Services or NetZero Site after the posting of any such change constitutes acceptance of all of the changes.

1.0 General
While NetZero encourages and supports the free flow of information and ideas over the Internet, we expect that our subscribers and users will act legally, responsibly and be considerate of others. NetZero reserves the right, but does not bear the responsibility, to prohibit or delete any conduct, communication or content which NetZero, in its sole discretion determines to be unlawful or harmful to others. When you are using the NetZero Services, you are subject to the Rules. If you use third party software or connect to third party servers, Web sites, networks or systems, then you are responsible for complying with the policies and restrictions of those third parties. NetZero may terminate your NetZero Services if it determines that you have failed to comply with the Rules.

As NetZero does not monitor in advance the conduct of subscribers and users nor communication or content distributed through the NetZero Services, you acknowledge NetZero is unlikely to be aware of violations of law or these Rules or other misconduct by subscribers and users occurring through the NetZero Services. As the sender of e-mail or poster to a newsgroup, you bear full responsibility for the material you send. As the recipient of e-mail or newsgroup postings, you are responsible for using reasonable efforts to screen unwanted material and reporting any offensive or illegal communications to NetZero.

2.0 Prohibited Uses of NetZero Services. NetZero reserves the right to terminate a subscriber or user's session or access to the NetZero Services at any time without notice.

Unlawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment, or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law.
Unwanted Materials, Offensive Content and Disabling Code. Transmission, distribution or storage of unwanted materials, offensive content and disabling code is prohibited. This includes, without limitation, viruses, Trojan horse programs, logic bombs, worms, messages which include character sequences intended to control the recipient's computer or display screen, make-money fast schemes, pyramid or chain letters, fraudulent offers, threats, harassment, defamation, postings to a newsgroup in violation of its rules, charter or FAQ and unsolicited advertising (whether commercial or informational).
SPAM. All forms of unsolicited commercial e-mail ("SPAM") and all activities that have the effect of facilitating SPAM are strictly prohibited. This includes, without limitation, the use of another Internet service to send SPAM to divert visitors to your site hosted on or through NetZero's network, whether or not the messages are originated by you, under your direction, or by or under the direction of a third party.
Unauthorized Trademark Use. You are also prohibited from incorporating a third party's trademark within an e-mail address without the permission of the trademark owner.
Extended Use and Inactivity. Use of NetZero dial-up Internet access services on a standby or inactive basis in order to maintain a connection is prohibited. This includes, without limitation, taking any action to defeat NetZero's idle timeout or similar mechanism.
NetZero Services and NetZero Site Functionality. Any action to defeat or disable, or conduct that facilitates defeating or disabling, any functionality of the NetZero Services or alters the look, feel or functionality of the NetZero Site or user interface is prohibited. This includes, without limitation, altering or blocking the display of any advertisement, banner or other promotional materials appearing on the NetZero Site or through the use of NetZero Services.
System and Network Security. Any violations of NetZero's system or network security are strictly prohibited. Security violations include, without limitation: (i) attempts to compromise the security of any Internet account or website; (ii) altering the header information of e-mail or Usenet postings or other activity that conceals your e-mail address or prevents recipients from responding to email messages you send; (iii) interference with service to any user, hosting or network provider (including, without limitation, mail-bombing or news-bombing, flooding, overloading a system, broadcast attacks, disrupting Internet relay chat channels or Usenet newsgroups, placing false bids on auction sites); (iv) use or distribution of tools designed to compromise security (including without limitation cracking tools, banner blockers, network probing tools, and password or credit card probes and decryption devices, and other guessing programs) of any computer system or network; (v) transferring excessive amounts of data through NetZero's network; (vi) misuse or abuse of account access and passwords; and (vii) reselling any aspect of the NetZero Services or NetZero Site.

3.0 Enforcement In order for NetZero to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2701 et seq., to comply with appropriate government requests, to operate NetZero's systems properly, or to protect NetZero or its customers, NetZero may access and disclose any information, including, without limitation, the personal identifying information of NetZero account holders, the contents of any personal electronic communications passing through its network, and any other information it considers necessary or appropriate without notice to you. NetZero will cooperate with law enforcement authorities in investigating suspected violations of the Rules and any other illegal activity. NetZero reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware.

If NetZero receives a complaint or otherwise becomes aware of any possible violation of the Rules, NetZero may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about NetZero account holders and examining the content of personal electronic communications or other information on NetZero's servers. During any investigation, NetZero may suspend NetZero Services and access to the NetZero Site and/or remove materials from its servers. You agree to cooperate with any such investigation.

If NetZero determines, in its sole discretion, that a violation of the Rules has occurred, NetZero may, but will not be obligated, to take any or all of the following actions in addition to legal remedies it may have available: temporarily or permanently remove material from NetZero servers, discontinue access to Usenet newsgroups, cancel newsgroup postings, move posts to a more appropriate forum (if any), warn the account holder(s) involved, remove e-mail sent by you, suspend or terminate account(s), remove or deny access to the NetZero Service, Site or servers, publicly disclose the originating address, subject matter and/or URL of the Web-site or other account information associated with a prohibited transmission and to charge a handling fee associated with taking such action and take other responsive action at any time and for any reason. If NetZero believes that you have used the services to commit trademark or copyright infringement, it will terminate your account privileges. Violations of the Rules could also subject you to criminal or civil liability.

4.0 How to Contact Us A list of ways to contact NetZero is also available at http://www.netzero.net/support/support.html

© Copyright 1998-2001 NetZero, Inc.