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The following provides a general understanding of MindSpring's policy on the Appropriate Use of MindSpring services. Common sense and judgment are a necessary part of any system of rules, and this AUP is no exception. Of course, flagrant or repeated violations of the Policy are viewed in a very different light than minor infractions.
Protection of our customers and our resources, the ability to provide quality service to our customers, conformance with existing law, and the protection of our reputation as a service provider are all contributing factors to decisions on AUP violations.
It is our intention to allow MindSpring customers access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our customers. However, Free Speech does not include the right to shout "Fire" in a crowded theater. In an analogous manner, certain activities are considered inappropriate by the Internet community at large, and cannot be permitted under the guise of Free Speech.
MindSpring does not censor the content of any newsgroups. We believe such choices should be left to the individual. We do advise our users that tools, such as Cyber Patrol, are available to screen an account's access to newsgroups one considers offensive. It is the account owner's responsibility to make use of such tools if desired.
MindSpring does not monitor the activity of accounts except for measurements of system utilization and billing records. However, in our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of MindSpring service, we will respond.
If MindSpring account is used to violate the AUP, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations of the AUP will result in immediate termination of service.
In the event that an account is
temporarily inactivated as a result of any prohibited activities,
the account may be subject to reactivation charges and/or deposit
requirements to be determined by MindSpring.
Note: Please refer to our web page, http://www.mindspring.com /, to make sure you are fully aware of our Appropriate Use Policy.
Our Appropriate Use Policy (AUP) is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such activities are given below:
| Inappropriate Activities | Description |
| Commercial
|
Sending unsolicited commercial e-mails is prohibited. Using a MindSpring or PipeLine e-mail address to collect responses from unsolicited commercial e-mail is prohibited. |
| Mail Bombing | Sending large volumes of unsolicited e-mail to individuals. |
| Harassment | Sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is prohibited always. |
| Inappropriate Activities | Description |
| Newsgroup Spamming | Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. |
| Off-topic or inappropriate postings | There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. |
The use of IRC bots is
prohibited, as is the violation of any accepted policies on IRC
servers. If MindSpring is banned from a server, the offending
account will be terminated.
| Inappropriate Activities | Description |
| Impersonation | Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. The use of anonymous remailers and nicknames does not constitute impersonation. |
| Network unfriendly activity | Activities which adversely affect the ability of other people or systems to use MindSpring services or the Internet is prohibited. |
| Privacy violations | Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited. |
Sharing Unlimited or Works accounts with anyone other than immediate family member, or re-selling service without express written consent from MindSpring, or offering any public information service, such as running a web server or FTP server, is prohibited. Using programs to defeat system timers limiting inactivity is prohibited. Untimely payment of any and all amounts due may result in account cancellation.
MindSpring account descriptions specify limits on bandwidth and disk utilization and use in excess of those limits is not permitted.
In the event MindSpring determines that an account is exceeding the bandwidth or disk utilization, the account owner will be notified by e-mail. If the excess use continues for more than 48 hours after such notification, the owner may be requested to upgrade the account's service agreement or to modify the activity creating the excess use.
If excessive bandwidth or disk space utilization is determined to adversely affect MindSpring's ability to provide service, immediate action will be taken. The account owner will be notified by e-mail as soon as practicable.
It may be necessary for MindSpring employees to examine system accounting logs and other records to resolve system problems. MindSpring reserves the right to access an account's mailbox to resolve system problems or mail system errors.
In addition, MindSpring will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
MindSpring makes no guarantee and assumes no liability for the security of any data on any server including "secure servers."
Our customers are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method.
When MindSpring creates your individual account, we provide you a randomly generated password unless you request otherwise. It is highly recommended that you create passwords that are not a name, date (birth dates, phone numbers, etc.), word or number associated with you or your family. They are much easier to guess if anyone ever tried to break into your account. In addition, please do not give your password to anyone or write it down anywhere.
When an account is opened each individual provides a "secret word" that MindSpring will use to verify your identity during any sales or billing phone calls. MindSpring will not give out or change any account information for any caller who does not have that secret word.