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General Policies


general policies and agent designation

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General Policies

General Use
You are expected to use our services with respect, courtesy, and responsibility, giving due regard to the rights of other users and our employees, representatives, and agents. Use common sense and good judgment with regards to what is considered acceptable use. When in doubt, you are expected to contact a representative of SurfCity Networks for guidance and clarification.

This Acceptable Use Policy defines the actions which SurfCity Networks considers to be abusive, and thus, strictly prohibited. The following is strictly prohibited:

Verbal or written abuse, including any type of profanity, via phone, e-mail, fax or mailed letter, directed toward any SurfCity Networks employee is strictly prohibited and will not be tolerated. Termination of your account without refund may be a remedy chosen for reports of verbal/written abuse toward our employees.

You will not post, publish or disclose private email correspondence to or from our company, its representatives, employees or agents to any other party, either public or private, without the express written consent of an officer of SurfCity Networks, Inc.

SurfCity Networks reserves the right to restrict, refuse or revoke any service at any time! Accounts terminated for any violations of our policies will be charged a $150 cancellation fee in addition to any other charges due at the time of cancellation.

This Acceptable Use Policy specifies the actions prohibited by SurfCity Networks, Inc. ("SurfCity Networks") to users of the SurfCity Networks Network. SurfCity Networks reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://www.surfcity.com/policies.htm

ILLEGAL USE

The SurfCity Networks Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. SurfCity Networks will investigate incidents involving such violations and 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, mailbombing, 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.

ADDITIONAL RESTRICTIONS

SurfCity Networks customers may NOT:

  • Use a Dial-up or DSL account for high volume or commercial use (e.g., revenue generation through web hosting, high traffic sites, advertising, etc.) except at the discretion of SurfCity Networks. Such authorization must be obtained in writing.
  • Disclose your password so others may access services through your account. You and members of your household or business, if you have purchased a business account, are the only authorized users of your SurfCity Networks account. You must notify SurfCity Networks immediately upon discovering any unauthorized use of your account.
  • Use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.
  • Provide any high volume public information services over a dial-up connection or DSL connection.
  • Use SurfCity Networks services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Resell services without SurfCity Network’s written authorization.
  • Use SurfCity Network's services to harm, or attempt to harm, minors in any way.

You are solely responsible for reading your e-mail and archiving it or removing it from SurfCity Networks' mail servers in a timely fashion. E-mail will be stored for 30 days at which time it will, at our discretion, be permanently deleted. Similarly, you are responsible for maintaining the size of the total contents of all information in each e-mail box to less than 10 megabytes of total data including e-mail text, files and attachments. E-mail boxes over the size limit will, at our discretion, have e-mail permanently deleted to bring the e-mail box within the size restrictions.

SurfCity Networks assumes no responsibility for loss of any e-mail, files or data, intentional or otherwise, or any consequences resulting from the loss of such e-mail, files or data.
There is no recovery facility for permanently deleted e-mail.

Use of the SurfCity Networks Broadband connection or Mail Servers for the transmission of any type of bulk email is prohibited.
Additionally,
you are responsible for your communications via, and your use of, SurfCity Networks. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via SurfCity Networks; (b) use SurfCity Networks to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) use SurfCity Networks to send unsolicited e-mail (known as "spamming"); (d) Send e-mail using a fake reply or return-receipt address (known as "spoofing"); (e) intercept or attempt to intercept Email; (f) send files that contain a virus or corrupted data; (g) use SurfCity Networks in a manner that adversely affects the availability of its resources to other users; or (h) act, or fail to act, in your use of SurfCity Networks, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your E-Mail account.

To report complaints regarding e-mail abuse please contact us

Although SurfCity Networks offers wide latitude in the volume and type of information published on its hosted web sites, such sites are published solely at our discretion and may be terminated at any time.

In maintaining your own web site you are responsible for the information being published via SurfCity Networks. You may NOT, under any circumstances do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information; (b) Use your web site to distribute files containing a virus or corrupted data; or (c) Distribute or collect information that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your web site.

SurfCity Networks will promptly investigate reports of any activity contrary to our policy statement. Such reports must contain information containing the exact nature of the activity and identification of the IP address or web site involved in the activity, and log files to substantiate the activity. Email all reports to SurfCity Networks. SurfCity Networks will NOT investigate IP traffic to well known services (DNS, Echo) unless such activity can be qualified and documented as a DoS (Denial of Service) attack. 

Designation of Agent to Receive Notification of Claimed Infringement under 17 U.S.C. Section 512(c)

Pursuant to the Online Copyright Infringement Liability Limitation Act, 17 U.S.C. Section 512(c), and 37 CFR Part 201, SurfCity Networks, Inc, an Internet Service Provider, declares as follows:

1) The full legal name and address of the service provider:

    SurfCity Networks, Inc.
    18586 Main Street, Second Floor
    Huntington Beach, California 92648

2) All names under which the service provider is doing business:

    SurfCity Networks

3) The name of the agent designated to receive notification of claimed infringement

    David Saylor

4) The full address of the agent designated to receive notification of claimed infringement:

    18586 Main Street, Second Floor
    Huntington Beach, California 92648

5) The telephone number, facsimile number, and electronic mail address of the agent designated to receive notification of claimed infringement:

    Phone: (714) 842-6160
    FAX: (714) 842-6170
    E-Mail: click here

Our registration may be found here.

This document was revised on
July 04, 2004
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