CITYLINK’s Internet Acceptable Use Policy

While using the Service, you may not:

1. Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet;
2. Post or transmit messages constituting “SPAM”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to newsgroups, false commercial messages, mail bombing or any other abuse of e-mail or newsgroup servers;
3. Post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or any other harmful or disruptive component;
4. Upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which:
   1. is confidential or protected by copyright or other intellectual property rights, without prior authorization from the rights’ holders;
   2. is defamatory, obscene, child pornography or hate literature; or

• constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing.

1. Engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
2. Use the Service for simultaneous sessions using the same User ID and Password.

It is your responsibility to ensure that your computer and networking systems meet the minimum requirements stated by CITYLINK as being necessary to use the Services.  From time to time, the computer and networking equipment required to access and use the Services may change.  Accordingly, your computer and networking equipment may cease to be adequate to access and use the Services.

CITYLINK will not assume any responsibility for your acts or omissions, or of any individual who uses your account.  An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet.  All such matters are your responsibility.  As between CITYLINK and you, you are better able to put in place physical and procedural impediments to the inappropriate use of, and to, supervise your account.  Account and password protection will be your responsibility.  Any detriment that is caused to the network as a result of a failure to properly secure your computer and/or networking systems may result in the termination of the Service.

CITYLINK has no obligation to monitor the Services.  However, in order to protect itself and its subscribers, or as necessary to operate the Services, CITYLINK will be entitled to electronically monitor the Services from time to time and disclose any information concerning the End User required by the Client or that is necessary to satisfy any law, regulation or lawful request.  CITYLINK will not intentionally monitor or disclose any private e-mail message unless required by law.  CITYLINK reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

ou acknowledge that some content, products or services available with or through the Services (“Internet Content”) may be offensive or may not comply with applicable laws.  You understand that neither CITYLINK nor any of its affiliates attempt to censor or monitor any Internet Content.  You also acknowledge that neither CITYLINK nor any of its affiliates have any obligation to monitor your use of the Services and, except as provided herein, have no control over such use.  The Client understands, however, that such Internet Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Services.  You assume total responsibility and risk for access to, or use of, the Internet Content, and for your use of the Services and the Internet.  CITYLINK and its affiliates assume no liability whatsoever for any claims or losses arising out of, or otherwise relating to, your access to, or use of, Internet Content.

CITYLINK cannot guarantee privacy.  Your messages may be the subject to unauthorized third-party interception and review.   CITYLINK therefore recommends that the Services not be used for the transmission of confidential information.  Any such use shall be at your sole risk and CITYLINK, its affiliates and its agents shall be relieved from all liability in connection therewith.

Sending unsolicited e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited.  Users will not use another site’s mail server to relay mail.  Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups, sites or lists, nor post articles which are off-topic according to the charter or other owned-published FAQ (Frequently Asked Questions) or description of such group, site or list

Users are prohibited from violating any system or network security measures including, but not limited to, engaging in unauthorized access or use of CITYLINK’s or a third party’s network, data or information.   Users are unauthorized to monitor CITYLINK’s or third party’s data, systems or network traffic.  Users are prohibited to interfere with service to any user, host or network including without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.  Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

CITYLINK considers the above practices to constitute abuse of its Services.  Therefore, CITYLINK’s Terms and Conditions of the Services prohibit these practices.  Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to CITYLINK’s Services, in accordance with the Client’s Agreement with CITYLINK.  Nothing contained in this policy shall be construed to limit CITYLINK’s actions or remedies in any way with respect to any of the foregoing activities.  CITYLINK reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from CITYLINK’s Services, and levying cancellation charges to cover CITYLINK’s costs. In addition, CITYLINK reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

Complaints regarding email, or USENET abuse, SPAM or Illegal Use or System or Network Security issues, should be sent to [email protected].