QSL.NET ACCEPTABLE USE POLICIES

Introduction

For the purpose of this document QSL.NET is defined to mean all Internet domains owned and operated by Scott Neader KA9FOX, dba QTH.com, Inc., as well as all associated hardware and software utilized in their operation. QSL.NET is a private site devoted to the promotion and enhancement of Amateur Radio around the world.

The main purpose of QSL.NET Internet Service is to facilitate International communication between Radio Amateurs on numerous computer networks that make up what is commonly referred to as "the Internet." It is QSL.NET's intention to be the premiere site on the Internet for Amateur Radio.

Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as QSL.NET, to be blocked from use of another organization's systems due to repeated misuses of that system's resources. Because QSL.NET runs multi-user systems, actions of one QSL.NET user may have a severe impact on other users' ability to use the system(s). This is unfair to all QSL.NET users.

To this end, QSL.NET has adopted these Acceptable Use Policies. They are intended to provide a guide to QSL.NET's views on what constitutes inappropriate use of QSL.NET's access to the Internet and to inform QSL.NET's Users of what actions QSL.NET may take, with or without notice, in the event that QSL.NET becomes aware of inappropriate use of QSL.NET's service. They will be used to help QSL.NET system administrators deal with complaints from users of QSL.NET or other Internet-connected systems, and to determine when action must be taken. It is expected that all QSL.NET Users will follow the policies set forth herein. Protection of QSL.NET's technical resources and QSL.NET's ability to continue to provide high quality service to its users, compliance with existing laws and regulations, and the protection of QSL.NET's reputation as a service provider are all contributing factors to the policies outlined below.

ACCESS TO QSL.NET'S INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimer

   QSL.NET Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to QSL.NET or any information or software therein. You release QSL.NET from and QSL.NET shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the QSL.NET services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by QSL.NET's own negligence. Without limiting the generality of the foregoing, QSL.NET disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the QSL.NET services. In no event shall QSL.NET's aggregate liability exceed the amount paid by you to QSL.NET for the QSL.NET services. Use of any information obtained via QSL.NET's Internet service is at the user's own risk. QSL.NET specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

   The User is responsible for all use of User's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. QSL.NET will suspend access or change access to User's account(s) immediately upon notification by User that User's password(s) has been lost, stolen or otherwise compromised. QSL.NET is not liable for loss of services or functions prior to QSL.NET making the necessary account alteration. Electronic mail on this system is as private as we can make it. QSL.NET's Users are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

   QSL.NET is not responsible for User's personal files residing on QSL.NET. User is responsible for independent backup of User's data that is stored on QSL.NET. QSL.NET reserves the right to delete User's personal files at any time without notification of same. New accounts are automatically terminated after 60 days of non-use.

4. Non-Transferability of Account

   The right to use QSL.NET's Internet service is not transferable. Use of QSL.NET accounts is expressly limited to the individual or club whose name appears on the account and dependents of the account holder living at the same address.

5. Network Address Ownership

   Any e-mail or URL address assignments issued by QSL.NET (i.e., [email protected] or https://www.qsl.net/xxxxxx) are the property of QSL.NET and are considered to be loaned to its users. In the event service with QSL.NET is discontinued for any reason, ownership of such addresses will revert back to QSL.NET.

6. Compliance with all Laws

   User agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. User agrees that any material to be reproduced or transmitted on QSL.NET's service through User's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening . Software intended to facilitate any such violations or infringements may not be stored on QSL.NET. User shall defend, indemnify and hold harmless QSL.NET from and against any claims, liabilities and expenses, including attorneys fees, resulting from User's use of the QSL.NET service or User's account in an unlawful manner or otherwise in violation of or contrary to User's Agreement with QSL.NET's Acceptable Use Policies. At QSL.NET's discretion, QSL.NET may revoke User's access to QSL.NET services or accounts for inappropriate usage.

7. Unacceptable Conduct

   The following types of conduct are grounds for immediate suspension of service pending investigation by QSL.NET and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, QSL.NET reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a QSL.NET User as described in (a) and (b) below before such postings are forwarded:

   1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
   2. Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
   3. Engaging in either (a) or (b) from a provider other than QSL.NET and using an account on QSL.NET as a mail drop for responses, or to draw attention to a web site housed within QSL.NET's networks.
   4. Continued harassment of other individuals on or off the Internet after being asked to stop by those individuals and by QSL.NET. This includes but is not limited to, libel, slander, harassment or embarassment by written word, picture or audio recording or other graphic representation.
   5. Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.
   6. Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
   7. Use of QSL.NET systems for any commercial purpose, including links to "banner ads" or commercial "link exchange" ads. Placing any web page on QSL.NET systems that the primary content is not Amateur Radio related. Placing any sexually oriented graphic and/or link to any pornography site or other adult content site is prohibited.
   8. Network unfriendly activity: Attempts to interfere with the regular workings of QSL.NET's systems or network connections or which adversely affect the ability of other people or systems to use QSL.NET services or the Internet, including, but not limited to:
      • Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other QSL.NET system;
      • Any use of this or any other QSL.NET system as a staging ground to disable other systems.

8. Excess Utilization of System or Network Resources

   QSL.NET account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Users. In the event QSL.NET determines that a User is exceeding the bandwidth, CPU and/or disk utilization limits, the User will be notified by email. If the excess use continues for more than 48 hours after such notification, the User may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by QSL.NET to adversely affect QSL.NET's ability to provide service for all users, immediate action may be taken to alleviate the problem. In such event, the User will be notified by email as soon as practicable.

9. Compliance with Rules of Other Networks

   Any access to other networks connected to QSL.NET's Internet service must comply with the rules for that other network as well as with QSL.NET's rules.

10. Monitoring/Privacy

    QSL.NET reserves the right to monitor any and all communications through or with QSL.NET facilities. User agrees that QSL.NET is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for QSL.NET operators to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. QSL.NET also reserves the right to access a User's mailbox or other files stored on QSL.NET systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

    QSL.NET reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of obscene or copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

    QSL.NET will not release a User's personal subscriber information, nor a User's E-mail information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. User agrees that QSL.NET's judgment as to the validity of any court order or subpoena shall be considered proper and final.

13. QSL.NET's Right to Suspend or Cancel Account

    QSL.NET reserves the right to suspend or cancel service to a User at any time and without notice, for any reason, including, but not limited to, the judgment of QSL.NET that the User may be performing activities harmful to QSL.NET or its Users, operators, Internet provider, other business relationships or any other users of the Internet or Amateur Radio.

14. Right to Damages

    QSL.NET reserves the right to collect damages (software, hardware and man hours) if any harm is done to QSL.NET which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

    Nothing contained in these policies shall be construed to limit action QSL.NET may take or remedies available to QSL.NET in any way with respect to any of the described conduct. QSL.NET reserves the right to take any additional actions QSL.NET may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the QSL.NET service, and levying cancellation charges to cover QSL.NET's costs in the event of disconnection of system access for the causes outlined above. In addition, QSL.NET reserves at all times all rights and remedies available to QSL.NET with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and QSL.NET reserves the right to enforce such policy or rule at its sole discretion.

16. QSL.NET's Right to Change Service

    QSL.NET reserves to right to change without notice the QSL.NET service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.

17. QSL.NET's Right to Modify its Acceptable Use Policies

    QSL.NET may modify its Acceptable Use Policies upon notice published online via QSL.NET. User's use of QSL.NET services after such notice shall constitute User's acceptance of the modifications to these policies.