..:: NuVisions Broadband ::..

TERMS OF SERVICE

Here are the rules that govern use of the NuVisions Broadband Internet Service. By virtue of having a NuVisions Broadband account, you agree to these terms of service and are bound by them. If you do not agree with our terms of service, you must contact our Customer Support Department at (718) 265-2300 to cancel your account.

1. The NuVisions Broadband Internet Service (NuVisions Broadband Service), as operated by Microwave Satellite Technologies, Inc. d/b/a NuVisions Broadband (NuVisions Broadband) is a computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications outlets. The NuVisions Broadband Service is available to an authorized member through a personal membership account (Membership); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line).

2. CAREFULLY READ the terms of this agreement which governs your use of the NuVisions Broadband Service. NuVisions Broadband may modify this agreement at any time and in any manner, including, but not limited to, the charges associated with the use of the NuVisions Broadband Service. Any modification is effective immediately upon either a posting on the NuVisions Broadband Web Site (http://www.nuvisions.net/company/tos/), electronic mail, or conventional mail. You are responsible for regularly reviewing the terms and conditions and additional terms. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 18 below. Your continued use of the NuVisions Broadband Service following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

3. NuVisions Broadband grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the NuVisions Broadband Service on any machine(s) of which you are the primary user. Member may not, however, maintain access to the Service on more than one modem at any given time. NuVisions Broadband Service is provided on an AS IS, AS AVAILABLE basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NuVisions Broadband, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

4. You understand that except for information products or services clearly identified as being supplied by NuVisions Broadband, neither NuVisions Broadband, nor any of its affiliates, operates or controls any information, products or services accessible through the NuVisions Broadband Service in any way and that, except for such NuVisions Broadband identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with NuVisions Broadband or its affiliates. YOU EXPRESSLY AGREE that use of the NuVisions Broadband Service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY NuVisions Broadband AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party (Seller) merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. NuVisions Broadband makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. NuVisions Broadband shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NuVisions Broadband, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE NuVisions Broadband SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NuVisions Broadband SERVICE including but not limited to reliance on any information obtained on the NuVisions Broadband Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to NuVisions Broadband's records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT NuVisions Broadband IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE NuVisions Broadband SERVICE.

7. Local access dial-up numbers may not be available in all areas. Member is solely responsible for determining if use of a particular dial-up number will cause Member to incur long-distance, toll, or other charges. Member is responsible for all long distance, toll or other telecommunications charges incurred or associated with connecting to the NuVisions Broadband Service through an available access number. Member is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the NuVisions Broadband Service.

8. Member certifies to NuVisions Broadband that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide NuVisions Broadband with accurate, complete, and updated information required by the registration to the NuVisions Broadband Service (Member Registration Data), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify NuVisions Broadband within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the NuVisions Broadband Service.

9. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A NuVisions Broadband Service account may not be transferred without prior written approval from NuVisions Broadband and is subject to any limits established by NuVisions Broadband. Member is responsible for maintaining the confidentiality of his/her/its passwords and must notify NuVisions Broadband immediately upon discovering any unauthorized use of its account. Member is responsible for all activities and charges resulting from use of Member's principal account with the NuVisions Broadband Service. Member agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. Payments are due within thirty (30) days after the month in which the charges are incurred. NuVisions Broadband is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by NuVisions Broadband. NuVisions Broadband reserves the right to charge a $25 fee on all returned checks. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than thirty (30) days old. In the event of a breach of security, Member will remain liable for any unauthorized use of the NuVisions Broadband Service until Member notifies NuVisions Broadband by calling (718) 265-2300 (customer service). Current rates for using the NuVisions Broadband may be obtained by calling (718) 265-2300 or through NuVisions Broadband's web site at "http://www.nuvisions.net". NuVisions Broadband reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice. NuVisions Broadband may reduce these fees at any time without notice to Member. In the event that a Member's account is terminated or canceled, on-line time credited to Member's account is not convertible to cash or other form of credit. If NuVisions Broadband does not receive the full amount of Member's NuVisions Broadband Service account balance within thirty days (30) days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance will be added to Member's bill as a late charge each month and shall be due and payable. Member shall also be liable for all attorney and collection fees arising from NuVisions Broadband's efforts to collect any unpaid balance of Member's account(s).

10. YOU UNDERSTAND that information available to you through the NuVisions Broadband Service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. NuVisions Broadband HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NuVisions Broadband may provide links through the NuVisions Broadband Service to third party Web sites. Such sites are not under its control and NuVisions Broadband is not responsible for the contents of such sites, including without limitation any link contained in such a site. Any such links are provided as a convenience only and are not intended as an endorsement by NuVisions Broadband or the entity operating such site or a warranty of any type regarding the web site or the information on the webs site. Member is responsible for viewing and abiding by the privacy statements and terms of use posted at such third party sites.

11. Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that NuVisions Broadband is under no obligation to monitor the Service. Member agrees that if NuVisions Broadband is made aware of content that NuVisions Broadband deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, NuVisions Broadband has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that NuVisions Broadband shall not be liable to Member for any action NuVisions Broadband takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that NuVisions Broadband's actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material. NuVisions Broadband may disclose information regarding use of the Service for any reason if NuVisions Broadband, in its sole discretion, believes that it is reasonable to do so, including, but not limited to: satisfy laws, regulations or governmental or legal requests; operate the Service properly; or protect itself and its Members.

12. Material accessible to Member through the NuVisions Broadband Service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Service.

13. Member expressly agrees not to use the NuVisions Broadband Service in a manner that is prohibited by these terms and conditions or any law or regulation or to facilitate the violation of any law or regulation. Member may not attempt to gain unauthorized access to any NuVisions Broadband site/service, other accounts, computer systems or networks connected to any NuVisions Broadband site/service through hacking, password mining or any other means. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of the NuVisions Broadband Service or other communications services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonation of NuVisions Broadband personnel, transmitting via e-mail, USENET, chat service or the Member's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the NuVisions Broadband Service or attempt to utilize another member's account name or persona without authorization from that member.

14. Member acknowledges that he/she/it is expressly prohibited from utilizing the NuVisions Broadband service, NuVisions Broadband's equipment or any NuVisions Broadband electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the NuVisions Broadband Service, NuVisions Broadband's equipment or any NuVisions Broadband electronic mail address. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. Member specifically agrees that he/she/it will not utilize the NuVisions Broadband Service, NuVisions Broadband's equipment or any NuVisions Broadband electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more Usenet's or newsgroups in a single day. For each day upon which this provision is violated, Member agrees to pay NuVisions Broadband damages to compensate for the lost goodwill such a violation causes. Member agrees to pay NuVisions Broadband $10 per day as liquidated damages and not a penalty for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, NuVisions Broadband may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay NuVisions Broadband $200 per day as liquidated damages and not a penalty. NuVisions Broadband at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent NuVisions Broadband from seeking to obtain other legal remedies against member, including other damages or an injunction.

15. Member acknowledges that NuVisions Broadband will NOT tolerate trademark or copyright violations intentional or unintentional via Electronic mail, USENET, of FTP access. Member expressly agrees that NuVisions Broadband shall not be liable to Member or parties interacting with Member for any damages resulting from action NuVisions Broadband take to enforce this provision.

16. Member agrees that any personal web page or site Member publishes in connection with the NuVisions Broadband Service is intended for personal use. To ensure that all Members can use and enjoy the Service, Member agrees that NuVisions Broadband is entitled to suspend or terminate access to any Member's web page or site if NuVisions Broadband determines that the page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more. Member expressly agrees that NuVisions Broadband shall not be liable to Member or parties interacting with Member for any damages resulting from action NuVisions Broadband takes to enforce this provision. Member's posting of material on the web site or provision of material to NuVisions Broadband to use on its web site will be deemed to be a grant by you to NuVisions Broadband of a license to the material to include the material on the web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so and Member waives all rights of attribution with respect to the material. No compensation will be paid regarding use of any such submission and NuVisions Broadband is under no obligation to post or use any submission and may remove any submission at any time in its sole discretion.

17. Member acknowledges that the NuVisions Broadband service is intended for periodic, active use of electronic mail, Usenet newsgroups, file transfers via ftp, internet relay chat, interactive games and browsing of the World Wide Web. Member agrees NOT to use the NuVisions Broadband service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member further agrees not to use the NuVisions Broadband service on a standby or inactive basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member agrees that NuVisions Broadband may terminate member's connection following fifteen (15) minutes of inactivity as determined by NuVisions Broadband. NuVisions Broadband will allocate system resources to provide the best possible service to all members. NuVisions Broadband reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space

18. Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it. Either Member or NuVisions Broadband may terminate the Agreement and Member's Membership at any time for any reason or no reason. NuVisions Broadband may also restrict, suspend or terminate, without notice, Member's access to and use of the NuVisions Broadband Service upon any breach of this Agreement. In the event of any termination for breach of this Agreement, Member shall not establish a new membership with NuVisions Broadband for one year from the date of termination. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of NuVisions Broadband in operating the NuVisions Broadband Service, any change in the content of the NuVisions Broadband Service, or any change in the amount or type of fees charged in connection with the NuVisions Broadband Service, is to terminate Membership by delivering notice to NuVisions Broadband, effective the day NuVisions Broadband receives notification of termination or any future date specified which is acceptable to NuVisions Broadband. Upon termination of this Agreement, Member shall have no right (a) to obtain any credit(s) otherwise due to Member, and such credit(s) will be forfeited, (b) to access through NuVisions Broadband any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through NuVisions Broadband, and NuVisions Broadband shall have no responsibility to notify such third-party providers nor shall NuVisions Broadband have any responsibility for any damages that result from the lack of such notification.

19. Upon request of NuVisions Broadband, Member agrees to defend, indemnify and hold harmless NuVisions Broadband, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to Member's use of the NuVisions Broadband Service.

20 Interpretation and enforcement of this agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). Member consents to personal jurisdiction in the federal and state courts of New York , New York for any action arising out of or relating to member's use of the NuVisions Broadband Service. The federal and state courts of New York , New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

21. Any rights not expressly granted herein are reserved.

21. This Agreement constitutes the entire agreement between you and NuVisions Broadband with respect to the NuVisions Broadband Service and supersedes all prior agreements between you and NuVisions Broadband. NuVisions Broadband's failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

SHELL ACCOUNT USAGE

The LinuX shell account that is included shall be governed by the following rules:

No “Eggdrops” or other IRC “bots” are permitted to be run by any NuVisions Broadband user.

No user has the right to bind to ANY port.

The user is permitted to access the shell account from the IP address assigned to the users dial up connection. No user is permitted to connect from any address other than the above specified. If the user requires access from another address or server, the user can call NuVisions Broadband with the EXACT IP address that they wish to connect from. Permission for this will be granted using the Representatives discretion.

.bash_history shall NOT be altered, deleted, or otherwise changed by the user. Using the “ln” command to link .bash_history to /dev/null or anything else for that matter will be treated as deletion of the file, in which case appropriate measures will be taken.

Members are required to limit the amount of disk space used to 5(five) megabytes of data. NuVisions Broadband reserves the right to delete files from the users directory at its discretion. NuVisions Broadband reserves the right to scan user directories for anything of a suspicious or threatening origin. In the even that a file or files are found that threaten system integrity or the security or well-being of NuVisions Broadband, or any other service, appropriate action will be taken. This may result in account cancellation, fine, or arrest.

Abuse of such programs such as ping will NOT be tolerated.

Users are permitted to compile for PERSONAL use only. Programs being compiled for any other reason will not be permitted.

Any user that is caught with c code or binaries for any sort of UNIX “exploit” will be removed from the system WITHOUT refund.

Any user caught trying to “SU” will be treated in the above manner. The owner of the NuVisions Broadband account is the only person that has the right to use the NuVisions Broadband shell account. Under NO circumstances are account names and passwords to be given out to anyone other than the OWNER of the NuVisions Broadband account. Owners will be held FULLY RESPONSIBLE for any actions taken or processes started with their NuVisions Broadband username.

PASSWORD VALIDATION
Users that forget their passwords are asked to call the NuVisions Broadband office between 9 AM and 9 PM Monday through Friday and request that their passwords given to them via a return call to their HOME. Under NO CIRCUMSTANCES is the USER permitted to have the password given to them via ANY OTHER phone number.