North
Texas Web Services Incorporated Subscriber &
Website User Agreement, Acceptable
Use Policy & Privacy
Policy
1. INTRODUCTION
Welcome
to the North Texas Web Services Incorporated
website. North Texas Web Services Incorporated
is a Decatur-based Internet service provider
offering commercial and residential dialup,dedicated,
high-speed Internet connections. To protect
our image and our property, we have some basic
rules and guidelines for subscribers and non-subscriber
visitors.
This
document is a contractual agreement ("Agreement")
between North Texas Web Services Incorporated
and each Owner, subscriber or website visitor.
The Agreement contains three parts: (i) the
Internet Services Subscriber & Website Terms
& Conditions, (ii) an Acceptable Use Policy
("AUP"); and (iii) a Privacy Policy. As a condition
for accessing the North Texas Web Services Incorporated
website and/or requesting, subscribing to, or
otherwise using North Texas Web Services Incorporated's
products or services, each North Texas Web Services
Incorporated subscriber or website visitor must
agree to the terms of the entire Agreement.
By accessing or using this Website, or by requesting,
subscribing to or otherwise using North Texas
Web Services Incorporated's products or services,
you agree to be bound by the terms and conditions
of each of the three parts of this Agreement,
including the Internet Services Subscriber &
Website Agreement, the Acceptable Use Policy
("AUP"); and the Privacy Policy. The following
terms and conditions of this Agreement may be
updated or otherwise changed from time to time.
North Texas Web Services Incorporated may modify
this Agreement at any time without prior notice
to you. Such modification shall be effective
immediately upon the first of the following
events to occur: (1) posting of the modified
Agreement to the website, or (2) upon otherwise
notifying you of the modified Agreement. You
agree to periodically review the terms and conditions
set forth in this Agreement to ensure that you
are aware of any modifications. You can review
the most current version of this Agreement by
visiting http://www.ntws.net/legal.
2.
DEFINITIONS
"Agreement"
means the terms and conditions and other statements
set forth in this document, whether located
on the same or different web pages.
"NTWS"
means North Texas Web Services Incorporated,
and includes its parents, affiliates, subsidiaries,
officers, directors, employees, agents, representatives,
successors, and assigns.
"NTWS
Website" means the website located
at http://www.ntws.net
or any other domain name or other address at
which this website may be accessed, but does
not include any externally-linked websites.
"Subscriber"
or "you" or "your" refers to any and
all individuals, companies, organizations, and
other entities who access or use this website
in any way imaginable, whether through existing
technology or through technology not heretofore
manufactured or discovered, or who request,
subscribe to, access, or otherwise use the services
and products offered by NTWS, including, without
limitation, Internet access services.
"Visitor"
means any non-subscriber (of NTWS's( products
or services) who accesses or otherwise uses
NTWS's( website or network.
"Unlimited
Access" means that you can access the
service any time that you wish. It does not
mean that you can stay connected to the service
24 hours a day 7 days a weeks 365 days a year.
This is considered a "dedicated" service and
you should contact our business office for pricing.
Abusers will be offered a different account
option.
Internet
Services Subscriber Agreement & Website User
Agreement
3.
SECURITY & PRIVACY TIPS ON THE INTERNET (CLICK
HERE FOR THE NTWS PRIVACY POLICY)
Computer
security and privacy are complex issues. It
is important to understand these points:
Remember
that there are unscrupulous people out there
who know how to circumvent system security.
Accordingly, you should guard your password
carefully and move private and important files
to your own system's hard drive, if possible.
Your password is the ultimate key to all of
the information in your account, including your
email, your files, and your service level information.
Any
communication you make to NTWS over the Internet,
whether sent via e-mail or via a form on the
NTWS Website, should be regarded as an insecure
communication, unless we explicitly state on
an appropriate web page that you can expect
the communication to be secure or encrypted.
In other words, communicating over the Internet
via a website form or email is similar to sending
a post card-it may be read by third parties.
A good rule of thumb to follow is this: do not
send by electronic mail or keep on-line anything
you would not want read by your mother or your
boss or to turn up on the front page of the
local newspaper.
4.
ACCOUNT PAYMENT & BILLING
North Texas Web Services Incorporated services
are offered on a per month basis and does NOT
give pro rated refunds on closed accounts.
North Texas Web Services Incorporated does NOT
offer pro rated refunds on prepaid accounts.
Customers who wish to close their account MUST
notify North Texas Web Services Incorporated
prior to next billing and in writing.
Accounts closed after invoice date are
responsible for any balance due.
NTWS's
invoices are due and payable upon receipt. If
you are paying by check or money order, it is
your responsibility to get payment to us on
time. We may, in our sole discretion, send you
an email reminder stating the amount due. If
payment is not received within 10 days of the
invoice date, a 5.00 late fee will be added.
If payment is not received within 30 days of
the late fee, a second late fee of 5.00 will
be added and the account may be put on hold
at any time after the 11th day until payment
for the past due amount is received.
Checks
returned from our bank will be subject to an
insufficient funds ("NSF") fee of $15.00 (plus
tax). Customers will be notified by email or
regular mail upon receipt of a returned check,
and will have 10 days from the date of that
notice to remit payment, either with a cashiers
check or money order, for both the returned
check amount and the NSF Fee. If full payment
is not received in 10 days the account will
be suspended pending payment as mentioned above.
If any account is more than 60 days past due,
NTWS may, at its sole discretion, report such
delinquent account to any credit-reporting or
similar agency.
All
accounts are billed in advance on the day of
the account activation month. Receipt by NTWS
of customer information (such as checks or cancellations)
is determined by the date the information was
physically received at our office, and not by
postmark dates, fax confirmation pages or headers,
etc.
North
Texas Web Services Inc. will not
be responsible for any telephone charges incurred
by the customer, whatsoever, including long
distance or toll charges the customer may incur.
Customer is solely responsible for determining
which dial-up numbers are within the customer's
local calling area, and for using the proper
dial-up numbers when accessing North Texas Web
Services Inc.
5.
REFUSAL & TERMINATION OF SERVICE
NTWS
reserves the right to terminate or refuse service
to anyone, at any time, for any reason, without
prior notice.
6.
PROMOTIONAL OFFERS
NTWS
may occasionally make promotional offers. These
promotions, when offered, are subject to change
or discontinuation without notice, and are available
only on a one-time basis to new customers. Promotional
offers are not offered or available to any Subscriber
who maintains an account with NTWS as of the
date the promotional offer is posted to the
NTWS Website otherwise conveyed. Promotional
offers may not be used in conjunction with any
other discount or offer.
7.
LICENSE
NTWS
grants, subject to the terms of this Agreement,
a limited, non-transferable and non-exclusive
license to use the software and documentation
necessary to access, explore and otherwise use
the NTWS Website in real time and to use the
materials in the NTWS Website in a manner consistent
with Paragraph 8 (Intellectual Property Rights)
below.
8.
INTELLECTUAL PROPERTY RIGHTS
NTWS
respects the intellectual property rights of
others. Unauthorized duplication of any content
downloaded from the NTWS Website, although convenient,
is a violation of copyright law and international
treaties.
A.
Copyrights
NTWS
owns the copyright in the content of this site,
including, without limitation, all text, graphics,
logos, buttons, icons, images, software, HTML,
object code, source code, and other code, video
material, audio material, multimedia material,
artwork, photographs, and other content ("NTWS
Copyright Material"). The NTWS Copyright Material
is protected by state, U.S. federal, and international
copyright laws. You may display and download
portions of the NTWS Website solely for your
own personal, non-commercial use. You agree
not to change or delete any proprietary notices
from materials downloaded from the NTWS Website.
All other uses, including, without limitation,
the reproduction, copying, modification, distribution,
sale, lease, transmission, republication, performance,
or display, or any commercial use of the content
on this site are strictly prohibited by law.
B.
Trademarks
North
Texas Web Services Incorporated, NTWS, and the
NTWS design, images, and graphics are trademarks,
trade names, or service marks of NTWS(. The
NTWS word marks, design, graphics, trademarks,
trade names, and service marks may not be used
in any manner by any person, organization, or
entity, or in connection with any product or
service, without the express written authorization
of an officer or director of NTWS. All other
trademarks, service marks, and trade names are
the property of their respective owners and
are used on this site by virtue of a right or
license from their respective owners.
C.
Notice and Procedure for Making Claims of Copyright
Infringement
Pursuant
to 17 U.S.C. § 512, claims of copyright infringement
must be submitted to the following designated
agent for NTWS:
Mark
A Kelley
North
Texas Web Services Incorporated
1722 S FM 51
Suite 15
Decatur, Texas 76234
940-627-6897
940-627-7598 (fax)
dmca@ntws.net
To
be effective, the notification must be a written
communication that includes the following:
1.
A physical or electronic signature of a person
authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
2.
A reasonably detailed description of the alleged
infringing material, or, if multiple copyrighted
works are alleged to be infringing, a representative
list of such works on this website;
3.
A reasonably detailed description of where the
alleged infringing material is located on this
website;
4.
Information reasonably sufficient to permit
us to contact the complaining party, such as
an address, telephone number, and, if available,
an electronic mail address at which the complaining
party may be contacted;
5.
A statement that the complaining party has a
good-faith belief that use of the material in
the manner complained of is not authorized by
the copyright owner, its agent, or the law;
6.
A statement that the information in the notification
is accurate, and under penalty of perjury, that
the complaining party is authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
9.
SUBMISSIONS REGARDING WEBSITE CONTENT
NTWS
values and encourages Subscriber feedback on
NTWS's products and services. Pursuant to NTWS's
company policy, however, we do not accept or
consider creative ideas, suggestions, or materials
other than those specifically requested by NTWS.
Our policy is designed to eliminate the possibility
of future misunderstandings and disputes if
and when NTWS decides to implement an idea that
is similar to one submitted by you. We hope
you understand the business reasons behind our
policy. If you choose to send any creative submissions
to us, whether at NTWS's request, or despite
our request that you do not send submissions
to us, all submissions shall be deemed, and
shall remain, the exclusive property of North
Texas Web Services Incorporated, and NTWS shall
exclusively own all now known or hereafter existing
rights to the submissions throughout the universe.
NTWS shall be entitled to complete unrestricted
use of the submissions for any purpose, whether
commercial or otherwise, without compensation
to or recognition of the provider of the submissions.
10.
SUBSCRIBER & VISITOR REPRESENTATIONS & WARRANTIES
If
you are a Visitor and intend only to browse
the NTWS Website, you represent and warrant
that you are at least 13 years of age. If you
are not at least 13 years of age, federal law
requires us to ask that you cease browsing this
website and leave this website now.
If
you are a Subscriber or intend to seek products
or services from NTWS, you represent and warrant
that you are at least 18 years of age and that
you possess the legal right and ability to enter
into this Agreement and to use the NTWS Website,
products, and services in accordance with this
Agreement. You agree to be financially responsible
and otherwise responsible for your use of the
NTWS Website, products, and services and to
comply with your responsibilities and obligations
as stated in this Agreement. You further agree
to (i) provide true, accurate, current and complete
information about you as requested by the registration
form or other form; and (ii) to maintain and
update your information to keep it true, accurate,
current, and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
NTWS has the right to terminate your account
and refuse any and all current or future use
of the NTWS Website.
11.
EXTERNAL LINKS TO THIRD PARTY SITES
The
NTWS Website may provide links to sites owned,
operated, and/or controlled by third parties
over whom NTWS has no control (the "External
Links"). NTWS encourages you to use discretion
when browsing the Internet, using our service
or anyone else's service. Because some sites
employ automated search results or otherwise
link you to sites containing information that
may be deemed inappropriate or offensive, NTWS
cannot be held responsible for the accuracy,
copyright compliance, legality, or decency of
material contained in third party sites. You
hereby irrevocably waive any and all claims
you have or may in the future have against NTWS
with respect to any and all third party sites.
The External Links are provided to the Subscriber
strictly as a convenience. The Subscriber alone
is solely responsible for anything that occurs
on, or is related in way to, the access or use
of an External Link or third party site.
12.
GOVERNING LAW, JURISDICTION, & VENUE
All
uses of this site, and all information contained
herein, including, without limitation, any disputes
arising under or related to this Agreement,
shall be governed by and interpreted pursuant
to the laws of the State of Texas and the United
States of America. You further agree that jurisdiction
and venue of any claims arising under or relating
to this Agreement shall be exclusive in Wise
County, Texas. You expressly agree to submit
to jurisdiction and venue in Wise County, Texas
regardless of the location from which you access
or use information or materials from this site.
Accordingly, any claim or action arising under
or relating to this Agreement may be brought
only in Wise County, Texas, and the Parties
agree to waive jurisdiction and venue in any
other forum.
13.
SOFTWARE EXPORT CONTROLS
Subscribers
who choose to access this site from locations
outside of the United States and Canada do so
on their own initiative and are responsible
for compliance with all local laws. Software
from this site is further subject to United
States export controls. No software from this
site may be downloaded or otherwise exported
or re-exported (i) into, or to a national or
resident of, Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using
any software available on the NTWS Website,
you represent and warrant that you are not located
in, under the control of, or a national or resident
of any such country or on any such list.
14.
INDEMNIFICATION
YOU
AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS
NTWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL
LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION,
COSTS, ATTORNEY'S FEES, AND ALL OTHER COSTS
AND EXPENSES, IN CONNECTION WITH, ARISING FROM,
OR RELATING TO, YOUR BREACH OF THIS AGREEMENT,
ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED
AGAINST YOU, AND ANY OTHER ACTION OR OMISSION
RELATING TO YOUR USE OF THIS SITE. NTWS MAY,
AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE
IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED
SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE
POTENTIAL TO ADVERSELY AFFECT NTWS'S RIGHTS
IN ANY WAY SHALL BE ENTERED INTO WITHOUT NTWS'S
PRIOR WRITTEN APPROVAL.
15.
LIMITATION OF LIABILITY
ACCESS
TO THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS.
YOU AGREE THAT NTWS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR
ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES
OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE
OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM
OR RELATE IN ANY WAY TO YOUR USE OF, OR NTWS'S
PROVISION OF THE CONTENT, INFORMATION, OR OTHER
MATERIAL EITHER CONTAINED IN THIS SITE, ANY
NTWS NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED
THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING,
NTWS SHALL NOT BE LIABLE FOR ACTUAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL,
AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER
CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING
LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
16.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL
PRODUCTS, SERVICES, MATERIALS, INFORMATION,
AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS,
AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS,
ARE PROVIDED ON AN "AS IS" BASIS. NTWS MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE,
NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT,
PRODUCTS, OR SERVICES CONTAINED HEREIN. NTWS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NTWS SHALL NOT BE LIABLE TO THE SUBSCRIBER
OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT
OF OR RELATED TO THE ACCESS OR USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL,
AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER
CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING
LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
17.
PROMOTIONS AND INFORMATIONAL UPDATES
By
registering with the NTWS Website, or by requesting,
subscribing to, or otherwise using the NTWS
products or services, Website, you agree to
receive via email, U.S. mail, or through other
contact, updates, advertisements, and other
informational materials ("Informational Materials")
from NTWS. If at any time you wish to cease
receiving such Informational Materials, you
must give us written notice, either via email
or U.S. mail, that you no longer wish to receive
the Informational Materials. Notification may
be addressed to us at: Remove From Mailing List,
remove@ntws.net. Email notifications may be
sent to us at remove@ntws.net, or at other such
address(es) as we may designate from time to
time.
ACCEPTABLE
USE POLICY
18.
NTWS SYSTEM NETWORK & SECURITY
Violations
of system or network security are prohibited,
and may result in criminal and civil liability.
NTWS may investigate incidents involving such
violations. In addition, NTWS may involve, and
will cooperate with, law enforcement if a criminal
violation is suspected. Examples of system or
network security violations include, without
limitation, the following:
*
Unauthorized access to or use of data, systems
or networks, including any attempt to probe,
scan or test the vulnerability of a system or
network or to breach security or authentication
measures without express authorization of the
owner of the system or network.
*
Unauthorized monitoring of data or traffic on
any network or system without express authorization
of the owner of the system or network.
*
Interference with service to any user, host
or network including, without limitation, mail-bombing,
flooding, deliberate attempts to overload a
system and broadcast attacks.
*
Forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting.
*
Subscribers or visitors who engage in such violations
are solely responsible for the cost of labor
to cleanup and correct any damage done to the
operation of the network and business operations
supported by the network, and to respond to
complaints incurred by NTWS. Labor is categorized
as emergency security breach recovery and is
currently charged at $245.00 USD per hour required.
Inquiries regarding security matters may be
directed to Abuse at abuse@ntws.net.
Violations
of this policy may be reported directly to the
FBI's Infrastructure Protection & Computer Intrusion
Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
NTWS will cooperate fully with any civil and/or
criminal litigation arising from the violation
of this policy.
19.
LAWFUL PURPOSE
NTWS's
network may be used only for lawful purposes.
The transmission, storage, routing, or presentation
of any information, data or material in violation
of any applicable local, state, or federal law
or regulation, or in violation of NTWS's AUP
is strictly prohibited. Examples of such information,
data, or material include unauthorized use of
copyrighted works, trademarks, trade secrets,
or the dissemination of harmful or fraudulent
content. Any conduct by any NTWS Subscriber
or visitor that constitutes harassment, fraud,
stalking, abuse, or a violation of federal export
restriction in connection with use of NTWS's
products or services is strictly prohibited.
Using the NTWS network to perform, or solicit
the performance of, any illegal activity is
also strictly prohibited.
20.
UNSOLICITED COMMERCIAL EMAIL ("SPAM")
NTWS
Subscribers may not use or permit others to
use the NTWS network to transmit or traffic
in unsolicited commercial email ("UCE" or "SPAM").
Sending a commercial message to more than five
recipients is spamming, unless the individuals
have specifically requested to be added to a
mailing list on that topic, or otherwise consented
to the message. This includes both commercial
advertisements and informational messages sent
to recipients via electronic mail (email) as
well as off-topic messages posted in newsgroups
where the recipient has not requested or invited
the message. Email is a person-to-person medium,
not a broadcast medium.
NTWS
Subscribers are prohibited from using or permitting
others to use SPAM over the NTWS network. Violation
of NTWS's SPAM policy will result in severe
penalties. Upon notification of an alleged violation
of our SPAM policy, NTWS will initiate an immediate
investigation (typically within 48 hours of
receiving notification). During the investigation,
NTWS may restrict customer access to the network
to prevent further violations. If a customer
is found to be in violation of our SPAM policy,
NTWS may, at its sole discretion, restrict,
suspend or terminate customer's account. Further,
NTWS reserves the right to pursue civil remedies
for any costs associated with the investigation
of a substantiated policy violation. NTWS will
notify law enforcement officials if the violation
is believed to be a criminal offense. Violation
of NTWS's SPAM policy may be reported to abuse@ntws.net.
21.
CHECKING YOUR EMAIL
NTWS
operates some of the most modern and efficient
mail servers available. Repeated checking of
mail at short intervals places an unnecessary
burden on the servers. It can also cause problems
with your mail file on our server, affecting
your ability to get your e-mail. If you configure
your e-mail program to automatically check mail,
NTWS recommends that you set the interval over
15 minutes. If you repeatedly check mail at
short intervals for extended periods of time,
you will be asked to either change the interval
or disable the automatic mail checking.
Email
was designed to move a large number of small
text files around the Internet very quickly.
Large e-mail attachments slow down the performance
of the mail server, and they can cause problems
with your mail program that could prevent you
from getting your mail. NTWS requests that you
limit the size of your email messages and attachments
to under 2 megabytes, and the overall size of
your mailbox to under 5 megabytes. You agree
to configure your e-mail program to remove mail
from the server after it is read.
NTWS
may, at its sole discretion, electronically
limit the size of individual messages or user
inbox size. This will be determined by our engineering
staff for the purpose of mail server efficiency,
and may change at any time. If you need assistance
in configuring your e-mail program, please contact
NTWS Technical Support at support@ntws.net.
22.
SUBSCRIBER PASSWORD PROTECTION
Each
Subscriber is responsible for protecting his
or her password(s) and for any authorized or
unauthorized use made of his or her password(s).
You agree that you will not use or permit anyone
to use NTWS's service to guess passwords or
to access other systems or networks without
authorization. NTWS will fully cooperate with
law enforcement authorities in the detection
and prosecution of illegal activity.
23.
INTERNET ETIQUETTE & ABUSE
We
want each person to have the best Internet experience
possible. We do not, however, wish it to be
at the expense of others. The Internet is a
global computer network, which is comprised
of people from diverse backgrounds. When communicating
with people on the Internet, it is best to keep
in mind that the person on the other end wants
to be treated with the same respect, as you
would expect. NTWS cooperates fully with other
Internet service providers. Reports of illegal,
reckless, irresponsible, abusive, or malicious
behavior by a NTWS Subscriber may be investigated.
If the reports are substantiated, violators
will be asked to either cease those activities
or to seek a new Internet service provider.
Following is a set of general guidelines regarding
the most common forms of Internet activities:
e-mail, newsgroups, Internet Relay Chat, and
interactive games.
A.
Electronic Mail (E-mail)
Unless
you are using an encryption device (hardware
or software), you should assume that mail on
the Internet is not secure. Never put in a mail
message anything you would not put on a postcard
(such as your password or credit card information).
B.
Unsolicited e-mail advertising (SPAM)
The
cost of delivering an e-mail message is paid
by both the sender and the recipient. Sending
someone mail may also cost them in other ways
like network bandwidth, disk space or CPU usage.
This is a fundamental economic reason why unsolicited
commercial email is not welcome. Using NTWS's
mail servers or network to send unsolicited
bulk commercial e-mail will result in immediate
termination of service.
C.
Newsgroups
NTWS
does not regulate the content of newsgroups.
Please do not contact NTWS regarding copyright
issues, inflammatory posts, etc. NTWS offers
following general guidelines when posting to
newsgroups:
1.
Cross posting
Posting
to multiple newsgroups is known as "cross posting"
and is typically forbidden. Complaints of excessive
cross posting will be investigated, particularly
if it involves posting commercial material or
posting to inappropriate newsgroups.
2.
Commercial Posts
Commercial
posts are frowned upon in most newsgroups. If
you are attempting to sell goods or services,
please make sure you do so in the proper forums
(*.for sale, business groups, etc.).
3.
Chain Letters/Pyramid Schemes
Under
federal law, certain types of chain letters
and pyramid schemes are illegal. If you are
found to be posting these to newsgroups or sending
them via e-mail, your account will be terminated.
To read more about illegal chain letters, visit
the U.S. Postal Service's website at http://new.usps.com/cpim/ftp/pubs/pub300a.pdf.
24.
INTERNET RELAY CHAT
Internet
Relay Chat ("IRC") is a global network of chat
servers that offer people the ability to converse
in real-time, text based, chat. IRC is controlled
by IRC server administrators, server operators,
and channel operators. Due to the nature of
IRC, it is impossible for NTWS to monitor the
content of speech. If you utilize IRC, you may
be exposed to material that you find offensive.
Below is a set of guidelines to use when on
IRC:
A.
Do Not Use Bots
Bots
(short for "robots") are automated processes
that run on IRC servers. Although some bots
may appear beneficial, they consume valuable
bandwidth that could be allocated to a human
user. Bots may not be run on IRC servers that
prohibit the use of bots.
B.
Do Not Engage In Channel Abuse
Subscribers
who hack channel ops, e.g., flood IRC channels
with messages, or who flood other users will
be contacted about these activities.
C.
Do Not Harass Others
Although
freedom of speech is protected under the First
Amendment of the United States Constitution,
NTWS frowns upon those who act in an antisocial
or irresponsible manner towards others. Examples
of harassing behavior include, but are not limited
to, nickname collision, use of abusive or lewd
language, or stalking (following another user
from channel to channel or continued messaging
of another user who has asked you to stop).
If another person requests that you stop your
actions, you should stop. Failure to do so may
result in civil or criminal liability.
25.
ONLINE GAME SERVERS
Online
gaming is a highly popular Internet use. Each
online game server has its own set of acceptable
use policies. NTWS expects its Subscribers to
follow the rules of appropriate behavior when
using online game servers on the Internet. Examples
of unacceptable behavior would include any actions
that would prevent others from participating,
or hacking or cheating that would deny others
an equal opportunity to play. The use of bots
or other forms of automated play are prohibited
by all game servers. Of course, any form of
cheating will get a user banned from a game
server. Complaints from game server administrators
about NTWS Subscribers may be treated as violations
of the NTWS AUP.
26. SEVERABILITY
If
any provision of this Agreement is declared
unlawful, void, or for any reason unenforceable,
that provision shall be deemed severable from
this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
NTWS
Privacy Policy
27. PRIVACY POLICY INTRODUCTION
NTWS
is committed to safeguarding personal information
collected from its visitors at the NTWS Website.
This privacy policy governs the collection and
use of information at the NTWS Website. As we
continue to offer our visitors new and different
types of content and services, we may modify
our practices from time to time. We will, however,
treat all personal information we collect in
accordance with the privacy policy in effect
at the time the information is collected.
28. USER REQUIREMENTS
NTWS's
Subscribers must be at least eighteen (18) years
old. Visitors under the age of thirteen (13)
are prohibited from registering or even accessing
or otherwise using the NTWS Website and NTWS
network. In consideration of your use of the
NTWS Website, you agree to: (i) provide true,
accurate, current and complete information about
you as requested by the registration form or
other form; and (ii) to maintain and update
your information to keep it true, accurate,
current, and complete. The information you provide
shall be referred to as "Registration Data."
If you provide any information that is untrue,
inaccurate, not current or incomplete, NTWS
has the right to terminate your account and
refuse any and all current or future use of
the NTWS Website.
29. COLLECTION & USE OF INFORMATION
NTWS
is the sole owner of the information collected
on this site. NTWS will not sell, share, or
rent this information to others in ways different
from what is disclosed in this statement. NTWS
collects information from its website visitors
and Subscribers at different points on the site.
30. PERSONALLY IDENTIFYING INFORMATION
When
you register with the NTWS Website, request
products or services from NTWS, or participate
in online polls, surveys, sweepstakes, or contests,
you are requested to provide certain contact
information to NTWS, such as your name, email
address, and other information. NTWS uses such
information (i) to notify you in the event you
win any contest or sweepstakes; (ii) for internal
marketing purposes; (iii) contact you with promotions,
updates, and other informational materials.
31. ANONYMOUS INFORMATION
NTWS
logs your Internet Protocol ("IP") address if
and when you accept the terms as set forth herein.
32.
SHARING OF INFORMATION
NTWS
uses the information collected from the NTWS
website for internal marketing purposes and
for the purpose of notifying the registrant
when NTWS deems it necessary to do so. We will
share aggregated demographic information with
our partners. This is not linked to any personal
information that can identify any individual
person.
We
use an outside shipping company to ship orders,
and a credit card processing company to bill
Subscribers for goods and services. To our knowledge,
these companies do not retain, share, store
or use personally identifiable information for
any secondary purposes.
33. UPDATING PERSONAL INFORMATION
If
your personally-identifiable information changes
(such as your address), or if you no longer
desire for us to maintain your personally identifiable
information, you must provide us with a written
communication sent via U.S. mail to: Remove
From Mailing List, 1722 S FM 51 Decatur Texas
76234. Email notifications may be sent to us
at remove@ntws.net, or at other such address(es)
as we may designate from time to time.
34. COOKIES
"Cookies"
are text files that are placed on a website
visitor's computer hard drive when that visitor
accesses a particular website. Cookies allow
Owner/operators to detect when a particular
visitor returns to the website. Cookies are
thus used for marketing purposes. The NTWS Website
does not currently utilize cookies on all of
its sites.
35. EXTERNAL LINKS-PRIVACY
The
NTWS Website contains links to third-party sites
over whom NTWS has no authority or control.
Please understand that NTWS is not responsible
for the privacy practices of such other sites.
NTWS encourages you to be aware of when you
leave the NTWS Website, and to read the privacy
policies of each website that you visit. This
Privacy Policy applies solely to information
collected by the NTWS Website.
36.
SPECIAL OFFERS
Subscribers
will sometimes receive information on our new
products, services, etc. Out of respect for
the privacy of our Subscribers we present the
option to not receive these types of communications.
Please see the "Opt-Out" provision below.
37.
INFORMATIONAL MATERIALS & OPT OUT
By
registering with the NTWS Website, subscribing
to NTWS's products or services, or participating
in online polls, sweepstakes, contests, or the
like at the NTWS Website, you agree to receive
via email, U.S. mail, or through other contact,
updates, advertisements, and other informational
materials ("Informational Materials") from NTWS.
If at any time you wish to cease receiving such
Informational Materials, you must give us written
notice, either via email or U.S. mail, that
you no longer wish to receive the Informational
Materials. Notification may be addressed to
us at: Remove From Mailing List, 1722 S FM 51
Decatur Texas 76234. Email notifications may
be sent to us at remove@ntws.net, or at other
such address(es) as we may designate from time
to time.
Send
mail to Webmaster@ntws.net
with questions or comments about this
web site. Copyright © 1998 North Texas Web Services
Inc. Last modified: January 21, 2002
NTWS
and North Texas Web Services are trademarks
of North Texas Web Services Incorporated. All
other products mentioned are registered trademarks
or trademarks of their respective companies.