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GOIN Acceptable Use Policy
This Agreement is by and between GOIN, a division of UpLync Technologies,
Inc., and the undersigned individual, herinafter known as "Member". The
Member agrees to the following polices:
As a provider of Internet access, website hosting, and other Internet-related services, GOIN offers
its members, and their customers and users, the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information. GOIN respects that the Internet
provides a forum for free and open discussion and dissemination of information; however, when
there are competing interests at issue, GOIN reserves the right to take certain preventative or
corrective actions. In order to protect these competing interests, GOIN has developed these
Acceptable Use Policies (AUP), which supplements and explains certain terms of each member's
respective service agreement and is intended as a guide to the member's rights and obligations
when utilizing GOIN's services. This AUP will be revised from time to time. A member's use of
GOIN's services after changes to the AUP are posted on GOIN's website, www.getgoin.net,
constitutes the customer's acceptance of any new or additional terms of the AUP that result from
those changes.
One important aspect of the Internet is that no one party 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 members obtain information through the Internet,
they must keep in mind that GOIN cannot monitor, verify, warrant, or vouch for the accuracy and
quality of the information that members may acquire. For this reason, the member 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 GOIN cannot monitor or censor the Internet, and will not attempt to do so, GOIN cannot
accept any responsibility for injury to its members that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.
When members disseminate information through the Internet, they also must keep in mind that
GOIN does not review, edit, censor, or take responsibility for any information its members may
create. When users place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation, and other harmful speech. Because the
information they create is carried over GOIN's network and may reach a large number of people,
including both members and non-members of GOIN, members' postings to the Internet may
affect other members and may harm GOIN's goodwill, business reputation, and operations. GOIN
is also bound by the AUPs of its up-line providers and may have to take action regarding a
Member in order to comply with the up-line AUP. For these reasons, members violate GOIN
policy and the service agreement when they, their customers, their affiliates, or their subsidiaries
engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (also known
as "spamming") is prohibited. Maintaining an open SMTP relay is likewise prohibited. When a
complaint is received, GOIN has the discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
Intellectual Property: Engaging in any activity that infringes or misappropriates the intellectual
property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade
secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging
in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. GOIN is required by law to remove or block access to member content upon receipt of a proper notice of copyright infringement. It is also GOIN's policy to terminate the privileges of members who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using GOIN's network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material is prohibited. In
addition, GOIN is required by law to notify law enforcement agencies when it becomes aware of
the presence of child pornography on or being transmitted through GOIN's network.
Defamatory or Abusive Language: Using GOIN's network as a means to transmit or post
defamatory, harassing, abusive, or threatening language is prohibited.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message is prohibited.
Illegal or Unauthorized Access to Other Computers or Networks: Accessing computers,
accounts, or networks belonging to another party illegally or without prior authorization or
attempting to penetrate security measures of another individual's system (often known as
"hacking") is prohibited. Any activity that might be used as a precursor to an attempted system
penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise
prohibited.
Bandwidth and Data Storage: You must comply with the bandwidth usage, data storage and other limitations on the service that are in effect from time to time. If your usage exceeds these limitations, GOIN may, at its sole discretion, charge you for the excess usage, reduce transmission speed or other service parameters; or limit or suspend the service.
Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of the service, nor represent (in the sole judgment of GOIN) an unusually large burden on the service as a whole. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede GOIN's ability to deliver, manage and administer the service.
Multiple Dialup Sessions: Users must not maintain more than one simultaneous dialup connection to GOIN using the same account.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:
Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment is likewise prohibited.
Facilitating a Violation of the AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the AUP is prohibited. This includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to
points outside the United States is prohibited.
Usenet Groups: GOIN reserves the right not to accept postings from newsgroups where we
have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities: Engaging in activities that are determined to be illegal is prohibited. This
includes advertising, transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
You are Responsible for Violations by All Persons Using Your Account
If you are a subscriber to the service, you are responsible for any misuse of the service by
anyone using it through your account, even if a friend, family member, guest or other person
committed the inappropriate activity with access to your account. A violation of these policies by
someone using the Service through you or your account will be considered a violation by you,
whether or not with your knowledge or consent.
Unless obtaining written authorization from GOIN, you may not resell, share, or otherwise
distribute GOIN services or any part of it to any third party. For example, you cannot use GOIN
services to provide Internet access to others through network connection sharing, a dial-up
connection, host shell accounts over the Internet, provide e-mail or news service or send a news
feed.
Compliance with 18 U.S.C. Section 2257: The member is responsible for insuring compliance
with 18 U.S.C. Section 2257 regarding record keeping and notification of record location for any
websites on any server whether co-located, dedicated, or shared which is hosted by GOIN.
Other Activities: Engaging in activities, whether lawful or unlawful, that GOIN determines to be
harmful to its members, operations, reputation, goodwill, or customer relations is prohibited.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests
primarily with the member. GOIN will not, as an ordinary practice, monitor the communications of
its members to ensure that they comply with GOIN policy or applicable law. However, when GOIN
becomes aware of harmful activities, it may take any action to stop the harmful activity. This
includes, but is not limited to, removing information, shutting down a website, implementing
screening software designed to block offending transmissions, denying access to the Internet, or
take any other action it deems appropriate.
GOIN is aware that some of its members are, themselves, providers of Internet services, and that
information reaching GOIN's facilities from those members may have originated from a customer
of the member or from another third-party. GOIN does not require its members who offer Internet
services to monitor or censor transmissions or websites created by customers of its members.
GOIN has the right to directly take action against a customer of a member. GOIN may also take
action against the GOIN member because of activities of a customer of the member, even though
the action may affect other customers of the member. Similarly, GOIN anticipates that members
who offer Internet services will cooperate with GOIN in any corrective or preventive action that
GOIN deems necessary. Failure to cooperate with such corrective or preventive measures is a
violation of GOIN policy.
GOIN is also concerned with the privacy of on-line communications and websites. In general, the
Internet is neither more nor less secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be intercepted and otherwise
compromised. Therefore, as a matter of prudence, GOIN urges its members to assume that all of
their on-line communications are insecure. GOIN cannot take any responsibility for the security of
information transmitted over GOIN's facilities.
GOIN reserves the right, without notice to you, to monitor content and transmissions electronically
from time to time, including, but not limited to email, newsgroups, chat boards and Webspace
content and, subject to certain conditions, to disclose any information it learns as a result to
governmental authorities or other third parties. GOIN may also disclose information including, but
not limited to, information concerning a member, a transmission made using our network, or a
website, in order to comply with a court order, subpoena, summons, discovery request, warrant,
statute, regulation, or governmental request. GOIN assumes no obligation to inform the member
that member information has been provided, and in some cases may be prohibited by law from
giving such notice. Finally, GOIN may disclose member information or information transmitted
over its network where necessary to protect GOIN and others from harm, or where such
disclosure is necessary to the proper operation of the system.
Members have the option of utilizing software provided by GOIN or software of their choice to
access GOIN and the Internet. However, technical support is only available on GOIN distributed
products.
GOIN will communicate with Members via their GOIN e-mail account. These communications
may include but are not limited to public announcements, monthly membership notices, etc.
Each member is responsible for checking his or her e-mail on a regular basis to stay informed of
current information.
Member agrees to pay GOIN the membership fees published at the time of Member sign up. Non-service-contract services
may be cancelled at any time by either the Member or GOIN at either parties sole discretion. No refunds or credits
will be assessed for cancelling Members at any time to include but not limited to payments for used or unused service.
Prepayment for more than 1 month of non contract service is not a requirement and no refunds for prepayment or credits will be issued.
Service contracts will specifically amend but not replace this Acceptable Use Policy.
Member ship rates and service pricing are incorporated herein by reference. Furthermore GOIN
is not responsible for reminding members of due dates. Printable invoice are e-mailed 15 days
prior to their due date. Unpaid accounts are subject to suspension after 5 days of delinquency.
GOIN reserves the right to charge a $5 reconnect fee. Reconnection requires payment in full of
current account balance and prepayment of the following month's dues. GOIN reserves the right
to assess a paper-billing surcharge of $2 per month for Members that require paper invoices to
be delivered by a postal service. GOIN and Member agree that even if Member's account is
suspended for any reason, either stated herein or otherwise, Member is nevertheless responsible
for membership dues during the suspension period. Set-up fees are reassessed for accounts
that have been deleted for non-payment. Members agree to pay a $25 processing fee for any
form of payment refused from Member's financial institution.
GOIN will credit one month of standard dialup service to any current member whom refers
a new member to join GOIN. New members must notify GOIN at time of sign-up of the referring
party's name. Referral discounts are non-transferable and not redeemable for cash.
GOIN strives to make its modem pool available to as many Members as possible at any given
time. To this end, the following dial-up usage policy is designed to provide for optimum utilization
of existing resources:
a. The system will automatically terminate any dial-up connection upon twenty
minutes of inactivity.
GOIN provides unlimited access for its users. The term "unlimited" access is defined as "unlimited
ATTENDED" use or being physically present at your computer while you are online. Individual
standard accounts are not intended to be full time connections to the Internet. GOIN customers
may not run keep-alive programs or programs designed to keep a connection up by sending
regular amounts of data through the dial-up connection.
GOIN expects that its members who provide Internet services to others will comply fully with all
applicable laws concerning the privacy of on-line communications. Failure on the part of a
member to comply with those laws violates GOIN policy. Finally, GOIN emphasizes that by using
GOIN's services, members indemnify GOIN for any violation of the service agreement, law, or
GOIN policy that results in loss to GOIN or the bringing of any claim against GOIN by any third-party.
If accessing the GOIN network via a dial-up connection, additional telephone and/or long distance toll
charges may apply. It is the customer's responsibility to check with their phone company to determine if
additional phone charges will apply.
This means that if any legal action is brought against GOIN because of a member's or
customer of a member's activity, the member will pay any damages awarded against GOIN, plus
costs and reasonable attorneys' fees.
GOIN reserves the right to change its service at any time including but not limited to connection
procedures, hours of operation, and service offered. The laws of the State of Missouri shall
govern this agreement. Any claims or causes of action related to GOIN must be instituted within
one year after the claim or cause of action has arisen. If any one or more of the items in this
agreement are found to be invalid or unenforceable, remaining items in this agreement will
continue to be in force between GOIN and Member.
We hope the AUP is helpful in clarifying the obligations of Internet users, including GOIN and its
members, as responsible members of the Internet. Any complaints about a member's violation of
the AUP should be sent to abuse@getgoin.net.
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GOIN 404 East Washington Avenue, Ava Missouri 65608 Phone: (888)680-4646
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