erms and Conditions of service at Sarasa.net.

Preface

This document is a list of rules and policies for Sarasa.net. Any user of Sarasa.net must follow these rules and policies in order to keep their membership in good standing.

These rules are not intended to penalize you but protect our users, the Net, and us. We do not mean for these rules to seem harsh or unfair, but we just want to make sure that the rules of our system are clear. Typically, most users will never come close to a situation where these rules will affect them.

We have tried to keep our regulations to a minimum, so these are the ones that must be obeyed. Failure to comply may result in immediate termination of your account without refund. Please do not try to be creative about getting around the rules. These rules and policies are here to protect you as well as us, so if you have any questions please feel free to contact us.

Remember this:

You are responsible for your account. Your account is your account and should only be used by you. This means that we expect you to maintain a reasonable degree of security and not to share your password or leave it where others can make use of it. Unless we have some reason to believe that your account has been broken into by means essentially beyond your control, we have to hold you responsible for anything done under your username.

Sarasa.net: Acceptable Use Policy and User Agreement

General

Use of Sarasa.net for illegal activities of kind, including unauthorized use (or attempted Unauthorized use) of Sarasa.net's machines or other machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

Usenet Newsgroups

Sarasa.net places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion.

Posting 20 or more copies of the same article ("spamming") or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

Excessive crossposting (Breidbart Index 20 or greater) is prohibited. The Breidbart Index (or BI) is calculated by taking the sum of the square roots of the number of newsgroups that each copy of an article was crossposted to. If two articles are posted, one crossposted to 9 newsgroups, the BI = sqrt(9) + sqrt(16) = 3+4 = 7. For more information on "Spam," see FAQ on "Current Usenet Spam thresholds and guidelines" which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis. Articles, which are "Spam" originating from Sarasa.net and the originator, may be charged for the cost of cleanup and responding to complaints.

Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal.

For more information on Sarasa.net's Usenet policies, see paragraphs 21 and 22 of the user agreement, below.

For information about Usenet advertising, please see Joel Furr's Advertising on Usenet FAQ.

E-mail

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Use of programs such as mflash or storage of such programs on Sarasa.net's servers is prohibited.

For more information on Sarasa.net's e-mail policies, see paragraphs 21 and 22 of the user agreement, below.

Internet Relay Chat

Use of IRC bots or storing them on Sarasa.net's servers is prohibited. Impersonating other users by forging one's email address is prohibited.

Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.

World Wide Web

Use of web pages for advertising purposes requires a Sarasa.net commercial account. Reselling web space, selling advertising on a web site, or taking credit card orders requires a Sarasa.net commercial account. For more in formation, see Sarasa.net's "space" page.

Use of text or images created by others without their permission is copyright infringement and is prohibited.

For information about charges that may apply to high-traffic web sites, see Sarasa.net's information about setting up home pages.

Sites that receive extremely high traffic may be required to move from the user web server to another Sarasa.net web server.

Public FTP Sites

Use of Sarasa.net's FTP server for advertising purposes requires a Sarasa.net commercial account. Reselling FTP space is prohibited.

Using Sarasa.net's FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited. See paragraph 19 of the user agreement for more information.

Storage/Transferring of Files

Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Sarasa.net file that is not located in the user's own directory structure and owned by the user is prohibited. This includes but is not limited to sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities, or files

Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

Sarasa.net User Agreement

Sarasa.net agrees to provide and User agrees to receive access to the Internet, according to the following terms and conditions:

1. All provisions of Sarasa.net's Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.

2. The benefits or rights conferred by this agreement are nontransferable. Use of Sarasa.net accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

3. User agrees to use the service in a manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Sarasa.net reserves the right to cooperate with all or any law enforcement agencies.

4. User agrees to follow the Acceptable Use Policy of any network User connects to, including Sarasa.net's system.

5. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).

6. Use of Sarasa.net for advertising or promotion of a commercial product or service without an Sarasa.net business account is prohibited. Reselling of web space on Sarasa.net server is prohibited.

7. User is responsible for all use of User's account(s) and confidentiality of password(s). Sarasa.net will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Sarasa.net is not liable for any usage and or charges prior to Sarasa.net making the necessary account alteration.

8. User is responsible for all local and long-distance telephone charges for connecting to Sarasa.net.

9. User agrees to pay Sarasa.net all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.

10. User is responsible for charges at the time the service is used and Sarasa.net may apply the amount due to User's credit card at any time.

11. Sarasa.net reserves the right to change prices on 30 days notice published Online.

12. Sarasa.net reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

13. Sarasa.net service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Sarasa.net or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Sarasa.net or its providers.

14. Neither Sarasa.net nor its Information Providers are responsible for any damages arising from User's use of Sarasa.net or by User's inability to use Sarasa.net service.

15. Sarasa.net reserves to right to change without notice Sarasa.net service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

16. Sarasa.net is not responsible for User's personal files residing on Sarasa.net. User is responsible for independent backup of his/her data stored on Sarasa.net.

17. Sarasa.net reserves the right to delete User's personal files after one or both parties terminates agreement.

18. Sarasa.net reserves the right in its sole discretion to delete any information entered into Sarasa.net by User. Sarasa.net and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

19. User hereby agrees that any material submitted for publication on Sarasa.net 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 or libelous. Software intended to facilitate any such violations or infringements may not be stored on Sarasa.net.

20. Sarasa.net, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Sarasa.net that User may be performing activities harmful to Sarasa.net or its Users, employees, vendors, business relationships or any other users of the Internet.

21. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Sarasa.net and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) 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).
(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Sarasa.net and using an account on Sarasa.net as a mail drop for responses.
(d) Continued harrassment of other individuals on the Internet after being asked to stop by those individuals and by Sarasa.net.
(e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(f) Use of IRC "bots" on Sarasa.net, whether on our IRC server or any other. Such software may not be stored on Sarasa.net.

22. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Sarasa.net.

23. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of New York.

24. Sarasa.net may modify these terms and conditions upon notice published Online via Sarasa.net. User's use of Sarasa.net services after such notice shall constitute User's acceptance of the modifications to this Agreement.

25. Non-enforcement of any section of this Agreement does not constitute consent and Sarasa.net reserves the right to enforce this Agreement at its sole discretion.

26. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Sarasa.net's agreement on all other paragraphs shall remain valid.

27. Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership, which you may do at any time, unless bound by a specific term or agreement. An account will be suspended if payment is not received within 30 days from the due date. All files, information and mails under the account will be preserved for 45 days from the date the payment is due. If the payment is not received after 45 days, all files, information, and mails under the account will be deleted. If one wishes to use the service again, he/she must re-apply as a new user.

28. When paying by check, User expressly authorizes Sarasa.net to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $30 returned check fee.

29. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future Sarasa.net rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false.

30. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

31. In the event the User defaults on this contract, Sarasa.net may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price Sarasa.net is charging to new members. The User agrees to pay Sarasa.net's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.

32. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Sarasa.net.

33. Sarasa.net may assign this order, its rights hereunder and its ownership of said service and commitment at anytime without notice.

34. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

35. Sarasa.net reserves the right to terminate or change priority of any process started by said user.

36. Sarasa.net reserves the right to collect damages (software, hardware & man hours) if any harm is done to Sarasa.net which requires repair or reconfiguration of any kind.

37. Sarasa.net may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Sarasa.net to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.

38. In the event of cancellation of service, User is responsible for the full current month's charges unless cancellation is received by Sarasa.net by the end of the 20th of the month. Cancellation notice must be submitted by U.S. mail, email to billing@sarasa.net, or faxed to 212-924-3147. If you are submitting your cancellation via US Mail, you must write ATTENTION CANCELLATION on the envelope.