AustinTX.COM / USE POLICY

Acceptable Use Policies
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This usage agreement, and the services you select when signing up, are your Contract.  The term of the contract is stated on the pricing page (http://www.austintx.com/pricing.html) with the service.  If there is no term stated, then the term of the payment is used (e.g. monthly payments default to a monthly contract, etc.).

Any questions concerning this contract should be directed to AustinTX.COM directly (see http://www.austintx.com/contact.html for contact information).

By signing up for service with AustinTX.COM, you are consenting to be bound by this usage statement.

Disk Usage

Storage
Users are considered to have a permanent storage limit of twenty (20) megabytes.
 
Users may temporarily consume up to twenty-five (25) megabytes of storage, however, if space is needed, files may be compressed or removed by system administration. We do not provide backup for any of your files.

Users should not consume more than twenty-five (25) megabytes of disk space at any time without notifying system administration and receiving permission to use more disk space. Disk space may also be purchased.

File Removal
AustinTX.COM reserves the right to reduce without notice an unauthorized file space consumption in excess of twenty (20) megabytes to the twenty (20) megabyte limitation.

Temporary Exceptions 
Temporary disk space allotments are given as a courtesy of AustinTX.COM and users should download or remove files from this disk space as soon as possible.

Compression 
AustinTX.COM may compress users' files without prior notification.

Please compress any files you do not access regularly. To do this from a UNIX shell prompt, type "man gzip" or "man compress". Users may also use any other compression utility prior to placing files on the server.

File Security
AustinTX.COM _IS_NOT_ responsible for _ANY_ damage or loss of user files or electronic mail.

Multi-user, networked computers are inherently risky environments and it is each user's responsibility to keep copies of all user data at their site or risk data loss.

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Mail Policies

Mass Mailings 
Unsolicited, Mass Mailings (SPAM) are a policy violation and are grounds for immediate removal from AustinTX.COM. Mass Mailings are defined as sending mail to more than fifty (50) users on the Internet in a single mailing.

This includes the use of the Pine or Eudora address book functions to mail to multiple users.

Mass Mailings cause large loads on our mail server and have detrimental effects on system performance and thus affect other users online at the time of the Mass Mailing.

One exception to this rule is made for List-Server customers, who must provide the instructions for removal from the list at the bottom of each List-Server message.  See our price list for further details on List-Servers.

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WebPage Policies

Bandwidth 
AustinTX.COM allows its users free webpages based on bandwidth.

The bandwidth usage of the web page will be added to the user's total bandwidth allotment and will be billed to the customer if the maximum free usage is surpassed.

Please see our pricing page for more details.

Content

So long as the content of user webpages does not violate any U.S. or Texas laws (namely copyright or patent infringement, child pornography, export-restricted materials and information, etc.), users are free to publish anything he or she pleases without censure.

Custom CGI Scripts

For a fee, AustinTX.COM will allow Virtual Website owners to use custom CGI scripts.  The source code for all such scripts must be made available to the System Administrators of AustinTX.COM upon request for security review.  Also, any script or program run by the user may be disabled if AustinTX.COM feels that it represents a security risk or that it is using to many system resources.  The webmaster of the site will be notified via email if this is the case.

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Privacy

AustinTX.COM conforms to the provisions of the Electronic Communications and Privacy Act.

AustinTX.COM users are expected to respect the privacy of other users. For example, users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user.

Likewise, the system administrators of AustinTX.COM will respect the privacy of user files and mail unless there is reason to suspect unacceptable use of the system including violations of state or federal laws. Administrators may access files and mail to correct problems or perform maintenance, but will not divulge any information witnessed therein.

Software Piracy

Unlike issues of free speech and communication, which are governed by community standards of conduct, certain activities are clearly illegal under state or federal law. Software piracy is one of these activities. AustinTX.COM users found to possess pirated software are subject to removal of these files and possible forfeiture of service.

Harassment

AustinTX.COM users are expected to respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system. Continual harassment of others, either via mail, in Usenet, or in another forum is considered to be a violation of others' privacy and will be addressed in the same fashion as other violations of AustinTX.COM Policy.

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Bots/IRC/Muds

The use of automated programs (Bots) on Internet Relay Chat is prohibited. Likewise, the unauthorized running of multi-user environments (MUD or MUSH-like game servers) or any data or information server is prohibited. Contact AustinTX.COM administration if you wish to propose the authorization of any such server.

In general, development and testing of such servers to be placed in other locations must occur during late-night (1:00 a.m. to 6:00 a.m.) hours, and with the express permission of system administration.

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Usenet News

Full Usenet News is provided to AustinTX.COM customers on a "Spare Bandwidth" basis.  This means that, should Usenet News traffic adversely effect our network bandwidth, AustinTX.COM reserves the right to restrict its flow until more bandwidth becomes available.

AustinTX.COM does not at this time provide news feeds to down-stream servers.

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Acceptable Use of Other Networks

AustinTX.COM communication traffic need not conform to the NSFNET Acceptable Use Agreement and there is no prohibition on commercial traffic. However, the Subscriber agrees to observe the acceptable use policy of any other network the Subscriber accesses through the AustinTX.COM connection. The subscriber recognizes that other networks may have different policies concerning commercial postings/traffic and agrees to respect those policies.

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Security

AustinTX.COM does not own or control all of the various facilities and communications lines through which it may provide access. Accordingly, AustinTX.COM shall not be responsible for user/access security. However, AustinTX.COM will assist in network security breach detection and identification and in establishing limited access when requested.

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Unacceptable Use

It is not acceptable to use AustinTX.COM to achieve unauthorized access to systems, software, or data.

It is not acceptable to use AustinTX.COM for any purposes which violates U.S. or state laws, including piracy of software.

It is not acceptable to use AustinTX.COM so as to interfere with or disrupt network users, services or equipment. Such interference or disruption includes, but is not limited to: propagation of computer worms or viruses and using the network to make unauthorized entry to other computational, information, or communications devices or resources.

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Enforcement and Violations

The Administrators of AustinTX.COM, or their designee, will review alleged violations of the AustinTX.COM Acceptable Use Policy on a case-by-case basis. Clear violations of the policy which are not promptly remedied by the relevant Subscriber may result in disciplinary action by AustinTX.COM up to and including the expulsion of the Subscriber from AustinTX.COM, termination of AustinTX.COM services, and forfeiture of all fees paid to date and possible contractual penalties.

Suspected violations should be reported to "abuse@austintx.com".

Any criminal act against or performed through AustinTX.COM computer systems will be prosecuted to the fullest extent of the law.

AustinTX.COM cooperates fully with Local, State, and Federal Law enforcement agencies in persuing criminal acts committed on or through AustinTX.COM systems and networks.

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Modifications to this policy

AustinTX.COM, and its parent Virtual Global Communications, Inc., reserve the right to modify this policy at any time.

Subscribers will receive notification via AustinTX.COM email mailing list of all such modifications at least twenty-four (24) hours prior to their effective date.

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Last modified 05/01/00

Administrative Policies ----------------------- Refunds There will be no cash refunds for unused time on the system. Compensation for Downtime Users will be compensated one (1) day of credit for every day the "primary servers" are offline over a six (6) hour period*. "Primary server" will vary depending on the account type: - Dialup/Dedicated customer/network: customer's dialup server or router and email server - Virtual Domains, Web and FTP Servers: Customer's web server and AustinTX's external gateway - Virtual Email accounts: none (email will be spooled until it can be processed) - List Server accounts: none (email will be spooled until it can be processed) * This does not include problems experienced by our upstream provider(s), maintenance scheduled and/or announced 24 hours in advance, repairs to damaged/malfunctioning equipment, natural disasters, fire, lightning, telephone service interruption, or other interruptions which are beyond our control. Charges If there is a valid credit card number on file with AustinTX.COM for an account, AustinTX.COM is entitled to charge that card for any unpaid amounts due AustinTX.COM for services to that or any related account. Basic Setup AustinTX.COM will assist users (when necessary) of the provided software and setup instructions in configuring their initial setup. However AustinTX.COM will _NOT_ offer detailed support to users who have elected _not_ to use AustinTX.COM PPP setup materials which are provided either from disks/CD-ROMs or downloaded from our FTP site. AustinTX.COM cannot provide free support to users with scripts, software, or packages obtained from other sources. Consulting services are available for those having problems with their setup beyond the scope of basic AustinTX.COM support. Copying Fee AustinTX.COM does not currently charge users for copies of software required to connect to AustinTX.COM. We reserve the right to change this policy without notice. Expiration of Accounts AustinTX.COM provides all non-corporate users with Electronic Mail (email) notification of account expiration seven (7) days prior to expiration and three (3) days prior to expiration. Expired customer accounts will be retained for thirty (30) days maximum after expiration and then removed from AustinTX.COM. Email forwarding is available for thirty (30) days upon request at no extra charge. Cancellation of Accounts Accounts may be canceled by AustinTX.COM for non-payment or service agreement violations. Canceled accounts will be treated exactly like Expired accounts (above) except that there may be additional penalties based on contractual obligations (see below). Contract Terms Termed Contracts (e.g. "One year contracts") will begin at the beginning of service and continue for the calendar period of the Term after the beginning of the contract. If the Subscriber wishes to terminate service prior to the end of the contract, Subscriber will be billed the lesser of twenty-five percent (25%) of remaining payments of the contract or five hundred US dollars (US$500). This charge is in addition to any outstanding debt. The contract may be terminated without penalty at AustinTX.COM's discretion. The Subscriber will be required to pay penalty in the event that services are terminated by AustinTX.COM due to violation of this service agreement or for non-payment, as these are violations of the contract. Past Due Accounts and Late Charges Any account not paid within 30 days of the invoice due date will be considered Past Due. A Late Charge of 10% of the Past Due Amount will be added to the total amount due. Delinquent Accounts Any outstanding balance will be considered delinquent after 60 days from the due date on the invoice. Any delinquent account will be responsible for the cost of collection in addition to the amount due and late charges. Returned Checks There will be a twenty-five US dollar ($25.00) charge for all returned checks. -------------------------------- Connection Policies Time Limits Usage of more than three consecutive hours of online access (for non-dedicated accounts) is subject to automatic disconnection without notice. If you are approaching the three hour limit, simply log-off at a convenient stopping point and then log back on to avoid interruption. Each user is allowed only the maximum number of concurrent connections, that they have purchased. Last modified 05/01/00

Domain Registration Agreements

All domains registered though AustinTX.COM will be subject to the following agreements (select the appropriate link):

All registrations done by AustinTX.COM are through OpenSRS and are subject to their terms of service.

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