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As an Internet service provider
("ISP"), we offer our subscribers the means to acquire
and disseminate a wealth of public, private, commercial and non-commercial
information. We also want our subscribers to be fully informed of
their rights and obligations -- and ours -- in connection with their
use of the Internet. This Network Access Policy, which supplements
and explains certain terms of each customer's respective services
agreement (the "Services Agreement"), is intended as a
plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one --neither
us, nor anyone else -- owns or controls it. This fact accounts for
much of the Internet's openness and value, but it also places a
high premium on the judgment and responsibility of those who use
the Internet, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information
through the Internet, they must keep in mind that we cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
that subscribers may acquire. For this reason, the subscriber must
exercise his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material posted
to the Internet is sexually explicit or otherwise offensive. Because
we cannot monitor and censor the Internet, and will not attempt
to do so, we cannot accept any responsibility for injury to our
subscribers that results from inaccurate, unsuitable or offensive
Internet communications.
When subscribers disseminate information through the Internet, they
also must keep in mind that we do not review, edit, censor or take
responsibility for any information our subscribers may create. This
places on subscribers what will be, for most, an unfamiliar responsibility.
When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation
and other harmful speech. Also, because the information they create
is carried over our facilities and may reach a large number of people,
including both subscribers and nonsubscribers of ours, subscribers'
postings to the Internet may affect other subscribers and may harm
our goodwill, business reputation and operations. For these reasons,
subscribers violate our policy and the Services Agreement when they,
their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming")
is a strongly disfavored practice among Internet users and service
providers. It is particularly harmful not only because of its negative
impact on consumer attitudes toward us, but also because it can
overload our equipment and disrupt service to our subscribers.
Copyright Violation -- Violation of copyrights held by individuals
and corporations or other entities can result in civil and criminal
liability for the infringer, and can involve the ISP in litigation
and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or
Materials -- Violation of indecency and obscenity laws can result
in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can
result in civil liability for the defamer and litigation against
the ISP whose facilities were used to distribute the defamatory
material.
Illegal/Unauthorized Access to Other Computers or Networks -- The
illegal or unauthorized accessing (often known as "hacking")
of computers or networks carries potential civil and criminal penalties
under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other
Destructive Activities -- Distribution of Internet viruses, worms,
Trojan horses and other destructive activities, such as hacking,
can result in serious civil and or criminal liability under federal
and state law.
Export Control Violations -- The law limits the ability of persons
to export encryption software, over the Internet or otherwise, to
points outside the United States.
Other Activities, whether lawful or unlawful, that we determine
to be harmful to our subscribers, operations or reputation, including
any activities that restrict or inhibit any other user from using
and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the subscriber. We
will not, as an ordinary practice, monitor the communications of
our subscribers to ensure that they comply with our policy or applicable
law. When we become aware of harmful communications, however, we
may take any of a variety of actions. We may remove information
that violates our policies, implement screening software designed
to block offending transmissions, or take any other action we deem
appropriate, including termination of a subscriber's contract with
us.
We also are aware that many of our subscribers are, themselves,
providers of Internet services, and that information reaching our
facilities from those subscribers may have been originated by customers
of those subscribers or other third parties. We do not require our
subscribers who offer Internet services to monitor or censor transmissions
created by customers of its subscribers. At the same time, subscribers
who knowingly transmit materials that violate law or our policy
are, themselves, in violation of our policy. Similarly, we anticipate
that subscribers who offer Internet services will cooperate with
us in any corrective action that we deem necessary, in order to
correct and prevent the transmission of material that is harmful
to us or our subscribers. Failure to cooperate with such corrective
and preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line communications.
In general, the Internet is neither more nor less secure than other
common communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, we urge our subscribers
to assume that all of their on-line communications are insecure.
We can not take any responsibility for the security of communications
transmitted over our facilities. We will comply fully, however,
with all applicable laws concerning the privacy of our subscribers'
on-line communications. In particular, we will not intentionally
monitor or disclose any private electronic mail messages sent or
received by our subscribers unless required to do so by law. We
may, however, monitor our service electronically to determine that
our facilities are operating satisfactorily. Also, we may be required
to disclose information transmitted through our facilities in order
to comply with court orders, statutes, regulations or governmental
requests. Finally, we may disclose information transmitted over
our facilities where necessary to protect us and our subscribers
from harm, or where such disclosure is necessary to the proper operation
of the system.
We expect that our subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the
privacy of on-line communications. A subscriber's failure to comply
with those laws will violate our policy. Finally, we wish to emphasize
that in signing the Services Agreement, subscribers indemnify us
for any violation of the subscriber of the Services Agreement, or
of law or Minerva policy, that results in loss to us or the bringing
of any claim against us. This means that if we are sued because
of activities of the subscriber that violate any law, the Services
Agreement or this policy (which is part of the Services Agreement),
the subscriber will pay any damages awarded against us, plus costs
and reasonable attorneys' fees.
We hope this Policy Statement is helpful in clarifying the obligations
of Internet users, including us and our subscribers, as responsible
members of the Internet.
Complaints about violators of our policies should be referred to
abuse@minerva.net
Each complaint will be investigated.
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