 Clients should know and agree with NYI's
policy before the sign-up
Service cancellation requires 30-day
notice
NYI will disrupt services, if policy
is violated by a client
NYI does not host adult sites
NYI does not host IRC servers
NYI is an anti-spam provider |
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Request of services will be deemed to constitute acceptance of the
terms, conditions, rules and regulations of NYI. The rights and responsibilities
conferred by acceptance of this agreement are non-transferable.
Cancellation of all services require 30 day notice and
must be done via the
termination form located at http://www.nyi.net/terminationform.phtml
Please note: inactive but non-cancelled accounts will
continue to be billed.
Keep all passwords confidential. We cannot be responsible
for any loss of data resulting from the customer sharing
his/her password. Unless our records indicate that your
account/files have been maliciously accessed you will
be held responsible for all activity in your account or
under your login/password. If your password has been lost,
stolen or otherwise compromised, please contact NYI via
it's Helpdesk
NYI's services are provided on an "as is, as available"
basis and no warranty, express or implied, including but not limited
to those of merchantability or fitness for a particular purpose, is
made with respect to NYI or its services. In addition, NYI makes no
guarantee regarding availability of ANY services, including but not
limited to dial-up services, connectivity or system functionality.
Nyi.net assumes no liability for failure of dial-up services, connectivity
or system functionality unless such failure is attributable solely
to failure of equipment under NYI's sole and exclusive control.
NYI will take action against any parties found in violation
of this policy. NYI reserves the right to terminate service
at any time and without warning when a violation of our
policy has occurred.
Any complaints regarding prohibited use or other abuse
of the NYI Network, including violations of this Acceptable
Use Policy, should be sent via e-mail to NYI at: abuse@nyi.net.
Please include all applicable information that will assist
NYI in investigating the complaint, including all applicable
headerlines of forwarded messages
NYI is under the jurisdiction of the laws of the State
of New York and this agreement shall be governed by the
laws of the State of New York and is subject to the jurisdiction
of the courts of the State of New York.
If any paragraph or part of this agreement is held to
be unenforceable or invalid, the agreement shall remain
in force and effect and the invalid portion of the agreement
shall be treated as if omitted.
This agreement shall be made part of but shall survive
other account or subscription agreement entered by the
parties hereto, unless otherwise specified. We reserve
the right to amend our rules, regulations and prices without
prior notice. Whenever possible such shall be made available
on our web site at http://www.nyi.net. Please check other
sections of our web site for complete price list for applicable
account details.
Non-enforcement or waiver of any section of this agreement
does not constitute consent or continuing waiver. NYI
reserves the right to enforce this agreement at its sole
discretion.
NYI does NOT normally monitor the contents of packets
and is not liable for the contents of any communications
made on its network.
As a result of
not following the Acceptable Usage Policy, there may be
fines imposed, disruption of service, termination of services,
and possible legal consequences. NYI's procedure is to
deal with each net-abuse case on an individual basis.
Based on an in-depth investigation and a determination
of the severity. |
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It is NYI's goal to protect network resources, preserve
the privacy and security of NYI's and our customers' networks,
and maximize the utility of NYI and the Internet.
All of the following are expressly prohibited
and may RESULT IN SERVICE TERMINATION, PROSECUTION, AND/OR
FINE:
 Users
are prohibited from interfering or attempting to interfere
with service to any other user, host, or network on the
Internet ("denial of service attacks"). Examples
of such prohibited activity include without limitation
(a) sending or receiving massive quantities of data (i.e.
"flooding" with ICMP, SMTP, or any other type
of traffic that exceeds accepted norms of size and/or
frequency) with the intent of filling circuits, overloading
systems, and/or crashing hosts, (b) attempting to attack
or disable any user, host, or site, or (c) using, distributing,
or propagating any type of program, script, or command
designed to interfere with the use, functionality, or
connectivity of any Internet user, host, system, or site
(for example, by propagating messages, via e-mail, Usenet
posting, or otherwise, that contain computer worms, viruses,
control characters or Trojan horses).
Use
of service in such a way as to willfully or negligently
burden our servers disk space, CPU, network or other resources
or to effectively use NYI's resources to cause a "denial
of service" for other NYI customers or those connected
to other systems or servers on the network.
Users
are prohibited from intentionally or negligently injecting
false data into the Internet, for instance in the form
of bad routing information (including but not limited
to the announcing of networks owned by someone else or
reserved by the Internet Assigned Numbers Authority) or
incorrect DNS information.
Lack
of Administration leaving common exploits opened to vulnerability.
Users of the NYI Network are responsible for educating
themselves and configuring their systems with at least
basic security. Should systems at a user's site be violated,
the user is responsible for reporting the violation and
then fixing the exploited system. For instance, should
a site be abused to distribute unlicensed software due
to a poorly configured FTP (File Transfer Protocol) Server,
the user is responsible for re-configuring the system
to stop the abuse.
Sending
unsolicited bulk e-mail ("UBE", or "spamming").
This includes, but is not limited to, the distribution
of UBE for commercial, informational, advertising, political,
or religious purposes. Willful or negligent disregard
of the privacy and/or autonomy of other user(s), notably
by sending e-mail or flooding Usenet newsgroups (spamming).
Performing
any act that is prohibited under common law or the statutes
or regulations of the City of New York, the State of New
York, the United States of America, or under any applicable
international convention.
Use
of Shell Servers or Egg Drop Servers.
Use
of IRC "bots" and IRC servers and clients.
Any
Pornographic content being hosted on NYI's network.
Publishing
any material via NYI that violates any applicable copyright,
patent or trademark law or convention.
Any
actions deemed by Management of NYI to be damaging to
the reputation of NYI and its ability to serve its clients
Any
attempt to gain access to another member's account.
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