NYI Terms and Conditions /

Acceptance of Terms:

Request of services will be deemed to constitute acceptance of the terms, conditions, rules and regulations of NYI. The rights and responsibilities conferred by acceptance of this agreement are non-transferable.

Cancellation:

Cancellation of all services require 30 day notice and must be done via the termination form located at http://www.nyi.net/staticpages/terminationform.html Please note: inactive but non-cancelled accounts will continue to be billed.

System Security:

Keep all passwords confidential. We cannot be responsible for any loss of data resulting from the customer sharing his/her password. Unless our records indicate that your account/files have been maliciously accessed you will be held responsible for all activity in your account or under your login/password. If your password has been lost, stolen or otherwise compromised, please contact NYI via the MyNYI HelpDesk.

Limitation of Liability:

NYI's services are provided on an "as is, as available" basis and no warranty, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, is made with respect to NYI or its services. In addition, NYI makes no guarantee regarding availability of ANY services, including but not limited to connectivity or system functionality. NYI assumes no liability for failure of connectivity or system functionality unless such failure is attributable solely to failure of equipment under NYI's sole and exclusive control.

Miscellaneous:

NYI will take action against any parties found in violation of this policy. NYI reserves the right to terminate service at any time and without warning when a violation of our policy has occurred.

Any complaints regarding prohibited use or other abuse of the NYI Network, including violations of this Acceptable Use Policy, should be sent via e-mail to NYI at: abuse@nyi.net. Please include all applicable information that will assist NYI in investigating the complaint, including all headers of forwarded messages

NYI is under the jurisdiction of the laws of the State of New York and this agreement shall be governed by the laws of the State of New York and is subject to the jurisdiction of the courts of the State of New York.

If any paragraph or part of this agreement is held to be unenforceable or invalid, the agreement shall remain in force and effect and the invalid portion of the agreement shall be treated as if omitted.

This agreement shall be made part of but shall survive other account or subscription agreement entered by the parties hereto, unless otherwise specified. We reserve the right to amend our rules, regulations and prices without prior notice. Whenever possible such shall be made available on our web site at http://www.nyi.net. Please check other sections of our web site for complete price list for applicable account details.

Non-enforcement or waiver of any section of this agreement does not constitute consent or continuing waiver. NYI reserves the right to enforce this agreement at its sole discretion.

NYI does NOT normally monitor the contents of packets and is not liable for the contents of any communications made on its network.

As a result of not following the Acceptable Usage Policy, there may be fines imposed, disruption of service, termination of services, and possible legal consequences. NYI's procedure is to deal with each abuse case on an individual basis, based on an in-depth investigation and a determination of the severity

Service Termination:

It is NYI's goal to protect network resources, preserve the privacy and security of NYI's and our customers' networks, and maximize the utility of NYI and the Internet.

All of the following are expressly prohibited and may RESULT IN SERVICE TERMINATION, PROSECUTION, AND/OR FINE:

  • Users are prohibited from interfering or attempting to interfere with service to any other user, host, or network on the Internet ("denial of service attacks"). Examples of such prohibited activity include without limitation (a) sending or receiving massive quantities of data (i.e. "flooding" with ICMP, SMTP, or any other type of traffic that exceeds accepted norms of size and/or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts, (b) attempting to attack or disable any user, host, or site, or (c) using, distributing, or propagating any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host, system, or site (for example, by propagating messages, via e-mail, Usenet posting, or otherwise, that contain computer worms, viruses, or malware).
  • Use of service in such a way as to willfully or negligently burden our servers disk space, CPU, network or other resources or to effectively use NYI's resources to cause a "denial of service" for other NYI customers or those connected to other systems or servers on the network.
  • Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
  • Lack of Administration leaving common exploits opened to vulnerability. Users of the NYI Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a user's site be violated, the user is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP Server, the user is responsible for re-configuring the system to stop the abuse.
  • Sending unsolicited bulk e-mail ("UBE", or "spamming"). This includes, but is not limited to, the distribution of UBE for commercial, informational, advertising, political, or religious purposes. Willful or negligent disregard of the privacy and/or autonomy of other user(s), notably by sending e-mail or flooding Usenet newsgroups (spamming).
  • Performing any act that is prohibited under common law or the statutes or regulations of the City of New York, the State of New York, the United States of America, or under any applicable international convention.
  • Use of Shell Servers or Egg Drop Servers.
  • Use of IRC "bots" and IRC servers and clients.
  • Any Pornographic content being hosted on NYI's network.
  • Publishing any material via NYI that violates any applicable copyright, patent or trademark law or convention.
  • Any actions deemed by Management of NYI to be damaging to the reputation of NYI and its ability to serve its clients
  • Any attempt to gain access to another member's account.