Amethyst Networks
Terms of Service

Scope and Definitions

This Agreement establishes the terms by which Amethyst Networks, LLC will provide the Customer with access to the Amethyst Networks, LLC Service(s). If the Customer accepts the terms of this Agreement the Customer will be entering into a contractual relationship solely with Amethyst Networks, LLC. and not with any other organization.

As used herein the following terms shall have the following meanings:

"Content" means information, communications, software, photos, video, graphics, music, sounds, and other material and Service(s), collectively.

"AMNINC" means Amethyst Networks, LLC, its assignees, licensees, successors and/or the Amethyst Networks, LLC Service(s) operated by Amethyst Networks, LLC or its affiliates.

"Notice" refers to e-mail contact or statements on the AMNINC website, http://amninc.net/.

"Terms of Service" means all of the terms and conditions set out in this Agreement, which may be changed at the sole discretion of AMNINC.

"Customer" means the individual or entity registering for access to AMNINC Service(s) under the terms of this Agreement. This includes users of all Services directly or indirectly provided by AMNINC.

"Service" means all duties and products AMNINC provides to a Customer, including duties and products provided for no charge or in return for monetary compensation. This includes all duties and products provided directly or indirectly by AMNINC.

"Cancellation" means that the Customer has requested to no longer be a Customer of AMNINC and that AMNINC will no longer provide any Service(s) to the Customer.

"Termination" means that AMNINC, at its sole discretion, has elected to discontinue providing all Service(s) to the Customer.

  1. General Provisions

    1. All Customers of AMNINC agree to be governed by the policies set forth herein. If the Customer does not agree to be bound by these terms, the Customer is not authorized access to any AMNINC Service(s). This document constitutes the complete and exclusive statement of the agreement between the Customer and AMNINC and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. These Terms of Service have been developed in order to ensure that all AMNINC Customers receive the highest quality of service AMNINC is able to provide.
    2. During the term of this Agreement, AMNINC shall provide Service(s) to the Customer according to the Service(s) accepted by the Customer. The specific Service(s) to be provided to the Customer shall be established by correspondence between AMNINC and the Customer. Such Service(s) shall be deemed incorporated by reference into this Agreement, as if fully set forth herein. AMNINC and the Customer shall retain copies of such Service(s) agreements for future reference.
    3. At the end of each contract term the contract will be renewed automatically until Cancellation. Cancellations must be requested by telephone and approved via E-mail. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions of the purchased Service(s).
    4. The Customer acknowledges that in order to access certain AMNINC Service(s), the Customer may have to agree to and execute agreements with third party providers who may charge the Customer fees and / or charges, which are in addition to the fees and / or charges imposed by AMNINC.
    5. The Customer will provide AMNINC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of AMNINC. AMNINC shall make no effort to validate this information for content, correctness, or usability.
    6. Use of AMNINC's Service(s) requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's site by the Customer.
    7. The Customer agrees that he or she has the necessary knowledge to create the Customer's website. The Customer agrees that it is not the responsibility of AMNINC to provide this knowledge or Customer Support outside of the defined Service(s) of AMNINC.
    8. The Customer agrees that he or she has the necessary knowledge and is responsible for pointing the Customer's top level domain name to AMNINC's internet name servers (DNS Servers), NS1.AMNINC.NET and NS2.AMNINC.NET, and transfer via SFTP the Customer's "server-ready" material and data to AMNINC's web servers.
    9. The Customer is responsible for and must provide all telephone, computer, hardware, software equipment, and services necessary to access AMNINC.
    10. AMNINC does not endorse or support any third party software used in connection with AMNINC Service(s). It is solely the responsibility of the Customer to choose and understand the software the Customer will use to access AMNINC Service(s). Recommendation of a product does not infer endorsement.
    11. AMNINC will, at its sole discretion, exercise control over the Content passing through the network.
    12. The Customer hereby acknowledges and agrees that, in connection with the Customer's use of certain of AMNINC Service(s), the Customer is required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information the Customer is obligated to provide and keep current in connection with the Customer's use of AMNINC Service(s) is as follows:
      1. the Customer's full name (or the name of the authorized person for contact purposes), postal address, E-mail address, voice telephone number, and fax number, if applicable;
      2. the Customer's Service(s); and
      3. Customer's payment information.
    13. In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
    14. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
    15. These Terms of Service provide no provisions or guarantee of any kind that the Customer will abide by the terms and conditions outlined in this document. It is the Customer's complete responsibility to observe AMNINC's Terms of Service. AMNINC may enforce these Terms of Service at its sole discretion or when under direction to do so from USA law enforcement agencies.
    16. The Customer agrees that any dispute between the Customer and AMNINC stemming from the Customer's use of the Service or in any way based upon a Customers subscription to and/or use of the Service that cannot be resolved between the Customer and AMNINC will be pursued in the Circuit Court of Greenville County, SC, and the Customer hereby consents to the jurisdiction and venue of said court.

  2. Registration

    1. By the Customer's registration for AMNINC through the online registration process, the Customer verifies that the information provided is accurate and correct to the best of the Customer's knowledge.
    2. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "Customer" in terms of this contract.
    3. All orders are subject to acceptance by AMNINC. An order will be deemed accepted by AMNINC when AMNINC sends E-mail confirmation of the order to the Customer.
    4. The Customer hereby acknowledges that the Customer is entering into a contractual relationship solely with AMNINC and not with the business service providers and distribution partners affiliated with AMNINC Service(s).
    5. The Customer agrees to a thirty (30) day contract minimum (or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
    6. AMNINC will maintain a record of the Customer's acceptance of these terms and conditions. The Customer should understand that the Customer's use of AMNINC will, at all times, be subject to and pursuant to this agreement.

  3. Domain Registration Provisions

    1. Domain registrations are not refundable under any circumstances.
    2. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, the Customer hereby represents and warrants to us the following:
      1. the statements that the Customer made in connection with such application for registration, maintenance, or renewal are complete and accurate;
      2. to the Customer's knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
      3. the Customer is not registering the domain name for an unlawful purpose; and
      4. the Customer will not knowingly use the domain name in violation of any applicable laws or regulations; and
      5. the Customer agrees and acknowledges that it is the Customer's responsibility to determine whether the Customer's domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of the Customer's domain name, infringe or violate someone else's rights; and
      6. the Customer acknowledges that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore the Customer agrees that AMNINC may modify this Agreement, as well as any additional rules or policies that are or may be published by AMNINC, as necessary to comply with any ICANN-accepted policy, or with any other agreements that AMNINC is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances; and
      7. the Customer's continued use of any domain name registered through AMNINC shall constitute the Customer's acceptance of this Agreement as well as additional rules or policies that are or may be published by AMNINC, each with the new modifications. If the Customer does not agree to any of such changes, the Customer may request that the Customer's domain name registration be canceled or transferred to a different domain name registrar; and
      8. the Customer acknowledges and agrees that such Cancellation or request for transfer will be the Customer's exclusive remedy and AMNINC's sole liability if the Customer does not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by AMNINC.
    3. The Customer acknowledges and agrees that AMNINC owns all databases, compilation, collective and similar rights, title and interests worldwide in AMNINC's domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, the Customer hereby grants to AMNINC a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in AMNINC's business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information:
      1. the original creation date of a domain name registration; and
      2. the expiration date of a domain name registration; and
      3. the name, postal address, E-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration,
      4. any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database; and
      5. any other information we generate or obtain in connection with the provision of the AMNINC Service(s). AMNINC does not have any ownership interest in the Customer's specific personal registration information or other information other than AMNINC's rights in AMNINC's domain name database.
    4. In the event of applying for the registration of a domain name the Customer is providing information about a third party, or the Customer licenses a domain name registered in the Customer's name to a third party, the Customer hereby represents and warrants that the Customer has:
      1. provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement; and
      2. that the customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
    5. All domain names registered through AMNINC that are 'parked' or are otherwise not immediately associated with an AMNINC hosting plan will be automatically pointed to an "Under Construction" web page which informs visitors that the Customer has recently registered the Customer's domain name via AMNINC. The "Coming Soon" web page may be modified at any time by AMNINC without prior notice to the Customer and may include such things as, without limitation, links to additional Service(s) offered by AMNINC.
    6. At the Customer's request, AMNINC may, at AMNINC's discretion, acquire an Internet Second-Level Domain Name, from the Contracted Registrar on behalf of the Customer. The Customer's request for and/or acceptance of a Domain Name obtained by AMNINC shall in all cases constitute the Customer's waiver of any and all claims which the Customer may have, or which may later arise, against AMNINC or its third party providers, for any and all damages, losses, claims or expenses arising AMNINC's or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by AMNINC to obtain and/or maintain the Domain Name on behalf of the Customer shall be charged to the Customer by AMNINC.
    7. Request for and acceptance of a domain name requires AMNINC to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. The Customer will be the sole administrative, billing, and technical contact for the Domain Name and will be responsible for all renewal expenses.
    8. The Customer acknowledges that the Customer has read, understood and agrees to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.
    9. The Customer acknowledges and agrees that AMNINC does not guarantee that the Customer will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since AMNINC cannot know with certainty whether or not the domain name which the Customer is seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. The Customer further acknowledges and agrees that AMNINC may elect to accept or reject the Customer's application for registration or renewal for any reason at its sole discretion. The Customer also acknowledges and agrees that AMNINC is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to the Customer's application for and registration of, renewal of, or failure to register or renew a particular domain name. The Customer additionally agrees to indemnify, defend and hold harmless AMNINC and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, the Customer's application for and registration of, renewal of, or failure to register or renew, a particular domain name.
    10. The Customer acknowledges and agrees that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for Cancellation of the Customer's domain name registration. The Customer further acknowledges and agrees that the Customer's failure to respond for over fifteen (15) calendar days to inquiries by AMNINC concerning the accuracy of contact details associated with the Customer's domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for Cancellation of the Customer's domain name registration.

  4. Security Provisions

    1. AMNINC is responsible for the security of the network, the kernel, and the base operating system. AMNINC may take any steps it deems necessary at any time to protect the security of the Customer's server (this generally includes applying security patches as well upgrading the entire operating system).
    2. The first time the Customer applies to use an AMNINC Service(s), the Customer will receive a user name and password. That user name and password are the means through which the Customer accesses certain functionalities of the AMNINC Service(s). Please safeguard the user name and password from any unauthorized use. The Customer acknowledges and agrees that in no event will AMNINC be liable for the unauthorized use or misuse of the Customer's user name or password.
    3. Currently, AMNINC manages password administration. If a Customer loses or forgets the Customer's password, the Customer will need to contact AMNINC for assistance.

  5. Fees



    1. AMNINC shall charge the Customer's credit card for the applicable set-up fees and monthly fees according to the Service(s) selected by the Customer and provided by AMNINC. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Service(s).
    2. AMNINC reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to the Customer. The Customer must provide AMNINC with a valid credit card number to which AMNINC will automatically charge all AMNINC fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred.
    3. AMNINC reserves the right to issue any refunds at its sole discretion and will handle and review each refund request on a case by case basis.
    4. AMNINC has the right to change prices, or add or delete features of any existing Service(s). AMNINC reserves the right to change prices or material features at any time. AMNINC reserves the right to institute new fees or new material features at any time. AMNINC has the right to discontinue Service(s) and the right to remove or reassign IP addresses of the Customer's web site.
    5. If the Customer fails to comply with the terms of this contract, including non-payment. AMNINC reserves the right to charge a reinstatement fee.

  6. Cancellation and Termination Provisions

    1. If the Customer wishes to cancel AMNINC Service(s) within thirty (30) days of the initial purchase, the Customer shall be able to do so for any reason and have the Customer's money promptly refunded with the exception of customers subscribed to Service(s) that explicitely preclude refunds. After the initial thirty (30) day period, Services shall be deemed accepted for all purposes.
    2. The Customer may only cancel this Agreement by notifying AMNINC orally and verifying Cancellation via E-mail.
    3. AMNINC reserves the right to terminate a Customer's Service(s) or deactivate a Customer's Service(s), without reason or at any time, at AMNINC's sole discretion. Grounds for termination include, but are not limited to, violation of this agreement or any unauthorized use of AMNINC.
    4. Upon Termination, AMNINC may immediately remove all of the Customer's data and information from AMNINC's facilities and the Customer shall have no right to copy or download such data or information. In cases where the Customer's account has been canceled, and the Customer is requesting reactivation, AMNINC, at AMNINC's discretion, may reactivate the same account.

  7. Proprietary Rights

    1. The Customer acknowledges and agrees that the AMNINC Service(s) constitute confidential and proprietary information of AMNINC and embodies trade secrets and intellectual property of AMNINC protected under United States copyright and other laws and international treaty provisions. The Customer further acknowledges that all right, title, and interest in and to all parts of the AMNINC Service(s), including, without limitation, associated intellectual property rights, are and shall remain with AMNINC. The Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the AMNINC Service(s) to any third party. The Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the AMNINC Service(s). The Customer hereby acknowledges that, if AMNINC at any time or from time to time performs any customizations or modifications to AMNINC's Service(s), all rights and interests to such customizations or modifications shall be the sole property of AMNINC.
    2. The User hereby acknowledges the following:
      1. AMNINC permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights; and
      2. these Rights are valid and protected in all media and technologies existing now or later developed; and
      3. except as explicitly provided otherwise, the Terms of Service(s) and applicable copyright and other laws govern the Customer's use of such Content. The Customer may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, or any other Content on the Service(s) is not protected by Rights rests with the Customer. The Customer acknowledges that AMNINC and/or third-party Content providers remain the owners of the posted materials (other than the Content described below), and that the Customer does not acquire any of those ownership rights by downloading copyrighted materials.
    3. By submitting Content to any "public area" of AMNINC (e.g., message boards, forums, member profiles, yellow pages, job folder, etc.), the Customer grants AMNINC and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. The Customer also warrants that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to the Customer the right to grant the license stated above. The Customer also permits any Customer to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on AMNINC retains any and all Rights that may exist in such Content.

  8. Indemnity

    1. AMNINC makes no representations, warranties or assurances that the Customer's equipment will be compatible with the AMNINC Service(s). Bandwidth pricing and measurement frequency is subject to change at AMNINC' discretion. The Customers affected by such changes will be notified no less than thirty (30) days in advance by AMNINC. AMNINC is under no obligation to compensate the Customer for downtime, whether the downtime be caused by the Customer, AMNINC, or AMNINC upstream providers.
    2. AMNINC reserves the right to alter the packages advertised on its website at its discretion. AMNINC is not required to upgrade the Customer's hardware or bandwidth allocation as a result of a pricing or Service(s) changes.
    3. The Customer expressly agrees that use of AMNINC's Server is at the Customer's sole risk. Neither AMNINC, its employees, affiliates, agents, third party information providers, merchants licensers, or the like, warrant that AMNINC Service(s) will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the AMNINC Service(s), unless otherwise expressly stated in this contract.
    4. Under no circumstances, including negligence, shall AMNINC, its offices, agents or any one else involved in creating, producing or distributing AMNINC Service(s) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the AMNINC Service(s); or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to AMNINC records, programs, or Service(s). The Customer hereby acknowledges that this paragraph shall apply to all content on AMNINC server.
    5. The Customer agrees that it shall defend, indemnify, save, and hold AMNINC harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, liabilities asserted against AMNINC, its agents, its Customers, servants officers, and employees, that may arise or result from any Service(s) provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless AMNINC against Liabilities arising out of the following:
      1. any injury to person or property caused by any products or Service(s) sold or otherwise distributed in connection with AMNINC;
      2. any Content supplied by the Customer, infringing or allegedly infringing on the proprietary rights of a third party;
      3. copyright infringement;
      4. any defective product which the Customer sold on an AMNINC server;
      5. any violation of these Terms of Service.
    6. AMNINC makes no warranties or representations of any kind, whether expressed AMNINC makes no warranties or representations of any kind, whether expressed or implied for the Service(s) it is providing. AMNINC also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause, or errors or omissions of the Customer. Use of any information obtained by way of AMNINC is at the Customer's own risk and AMNINC specifically denies any responsibility for the accuracy or quality of information obtained through its Service(s). Connection speed represents the speed of a connection to and do not represent guarantees of available end-to-end bandwidth.
    7. AMNINC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", AMNINC may, at its option and at any time, reject this material, including but not limited to after it has been put on AMNINC's Server. AMNINC agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of AMNINC. If the Customer fails to modify the material, as directed by AMNINC, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
    8. Except for certain products and Service(s) specifically identified as being offered by AMNINC, AMNINC does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to the Customer. AMNINC has no control over and accepts no responsibility for such materials. The Customer assumes full responsibility and risk for use of the Service(s) and the Internet and is solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service(s) or the Internet.
    9. AMNINC shall not be liable for any taxes or other fees to be paid in accordance with, or related to, purchases made from the AMNINC's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

  9. Acceptable Use

    1. Any action by a Customer that, in AMNINC's sole opinion, restricts or inhibits any action by a Customer that, in AMNINC's sole opinion, restricts or inhibits other Customers from using AMNINC's Service(s) is strictly prohibited. The Customer specifically agrees not to submit, publish, or display on AMNINC any obscene, sexually oriented, or illegal material. Transmission of Content in violation of any local, state, or federal law is prohibited and is a breach of the Terms of Service. The Customer specifically agrees not to upload, post or reproduce in any manner any materials protected by copyright without the permission of the copyright owner.
    2. The Customer agrees to make use of AMNINC servers primarily for the purpose of hosting a website, and associated e-mail functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any AMNINC server, and if the Customer's processes are adversely affecting AMNINC's server performance disproportionately AMNINC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
    3. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of AMNINC may not be used to impersonate another person or misrepresent authorization to act on behalf of others or AMNINC. All messages transmitted via AMNINC should correctly identify the sender, except where posting anonymously is specifically accepted or encouraged. Customers may not alter the attribution of origin in electronic mail messages or posting.
    4. The Customer must not attempt to undermine the security or integrity of any computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either AMNINC or external computers and Denial of Service (DoS) attacks of any kind.
    5. The Customer agrees to not have any content on the Customer's site that advocates, sells, or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use AMNINC's servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for the Customer's site hosted at AMNINC.

  10. Unauthorized Activities

    1. Illegal use - Using the Service(s) to transmit any material (by e-mail, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations stipulated thereunder.
    2. Harm to minors - Using the Service(s) to harm, or attempt to harm, minors in any way.
    3. Threats - Using the Service(s) to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
    4. Harassment - Using the Service(s) to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.
    5. Fraudulent activity - Using the Service(s) to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
    6. Forgery or impersonation - Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed.
    7. Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (UBE / UCE) - Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited.
    8. Unauthorized access - Using the Service(s) to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AMNINC or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
    9. Copyright or trademark infringement - Using the Service(s) to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
    10. Collection of personal data - Using the Service(s) to collect, or attempt to collect, personal information about third parties without the third parties' knowledge or consent.
    11. Reselling the Service(s) - Reselling the Service(s) without AMNINC's authorization.
    12. Network disruptions and unfriendly activity - Using the Service(s) for any activity which adversely affects the ability of other people or systems to use AMNINC or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customer's responsibility to ensure that the Customer's network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use the Customer's network for illegal or inappropriate actions. A Customer may not permit the Customer's network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Customer's network in an illegal or inappropriate manner.
    13. Long Connections and Multiple Logins - The Customer may stay connected so long as the Customer is actively using that connection. The Customer may not use the Service(s) on a standby or inactive basis in order to maintain a connection. Accordingly, AMNINC maintains the right to terminate any Customer's connection following any extended period of inactivity as determined by AMNINC.
    14. Exceeding Web Site Size and Traffic Limitations - All AMNINC customers are allocated a certain amount of server space and traffic per month. If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable. A site that exceeds its quota will also become unavailable. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain web creation tools.
    15. System Resources -- Any attempt to gain unauthorized access to more system resources or privileges is strictly prohibited.

Amethyst Networks requests that anyone who believes that there is a violation of these Terms of Service direct the information to abuse@amninc.net. If available, please provide the following:

Any complaint we receive about a violation of this agreement will be taken very seriously and may result in immediate account Termination without refund for unused Service(s).