ShellCity.no accounts are provided for use in conformance with these Guidelines and Terms and Conditions. ShellCity.no reserves the right to investigate suspected violations of the Guidelines. When ShellCity.no becomes aware of possible violations, ShellCity.no may initiate investigation which may include gathering information from the ACCOUNTHOLDER or ACCOUNTHOLDERS involved and the complaining party, if any, and examination of material on ShellCity.no's servers.
During an investigation, ShellCity.nos may suspend the account or accounts involved and/or remove the material involved from its servers. If ShellCity.no believes a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from ShellCity.no's servers, the cancellation of news group posts, warnings to the ACCOUNTHOLDER or ACCOUNTHOLDERS responsible, and the suspension or termination of the account or accounts responsible. ShellCity.no, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the ACCOUNTHOLDER to criminal or civil liability.
A. USE OF MATERIALS
The ACCOUNTHOLDER is prohibited from storing, distributing or transmitting any unlawful material through ShellCity.no's services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The ACCOUNTHOLDER may not post, upload or otherwise distribute copyrighted material on ShellCity.no's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the ACCOUNTHOLDER to criminal as well as civil liability, in addition to the actions outlined above.The ACCOUNTHOLDER may not store or distribute certain other types of material on ShellCity.no's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites.
B. PASSWORDS
ShellCity.no's personal accounts are for individual use only. ACCOUNTHOLDERS may not share passwords or accounts with other individuals.ShellCity.no shall provide passwords to ACCOUNTHOLDERS. In the event that the security of an ACCOUNTHOLDER is compromised, ShellCity.no shall provide the ACCOUNTHOLDER with a new password.
ShellCity.no's staff may monitor the security of ACCOUNTHOLDERS passwords at any time. An ACCOUNTHOLDER with an insecure password may be directed to change the password to one which complies with the above rules. ACCOUNTHOLDERS who repeatedly choose insecure passwords may be assigned a password by ShellCity.no; continued failure to maintain password security may be grounds for account termination.
C. SYSTEM SECURITY
The ACCOUNTHOLDER is prohibited from utilizing ShellCity.no's services to compromise the security or tamper with ShellCity.no's system resources or accounts on any of ShellCity.no's computers, routers, terminal servers, modems, or any other equipment at ShellCity.no or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools or network probing tools. Any attempt to access any of ShellCity.no's corporate assets is strictly prohibited.ShellCity.no reserves the right to release the user names of ACCOUNTHOLDERS involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. ShellCity.no will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
D. SYSTEM RESOURCES
ShellCity.no will allocate system resources to provide all ACCOUNTHOLDERS with the best service possible. As part of resource allocation, ShellCity.no may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions.Additionally, ShellCity.no may institute services and fees for ACCOUNTHOLDERS who are interested in accessing system resources above and beyond acceptable usage.
ShellCity.no may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section above.
System abuse is defined as any use of ShellCity.no's resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory or disk space bandwidth or otherwise affecting the performance of ShellCity.no's servers or networks.
ACCOUNTHOLDERS may not run programs which provide network services from their accounts. Example of prohibited programs include, but are not limited to, mail, http and irc servers or multi-user interactive forums.
E. Acceptable Usage
Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of ShellCity.no's systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include a moderate amount of file storage on ShellCity.no's servers for ACCOUNTHOLDERS own personal web page, file access area (FTP), and possibly Unix utilities used in a shell account. Shell users may be permitted to use their own software, subject to ShellCity.no's discretion, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document.
II. Prohibited Activities
Activities specifically prohibited by ShellCity.no's administration include but are not limited to the following:
1) Flooding or abuse of other users
Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at ShellCity.no. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.2) Attempts to compromise system and/or network security
Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into non-ShellCity.no systems.3) Sharing of accounts
Sharing of a user's account with another party for purposes of avoiding payment for a second account is strictly prohibited.4) Attempts to bypass resource usage limitations
In order to provide fair service to all ShellCity.no's users, ShellCity.no has implemented certain resource limitations, the two most common being disk quotas on the servers. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges.5) Conducting business through a personal account
The regular accounts provided by ShellCity.no are designed for the home/casual user and not to provide the level of service required for conducting business. Therefore, conducting business with an individual account is prohibited. If a business account is desired, please contact ShellCity.no.6) Excessive use of system resources
This segment can be broken down into two different parts, system and background processes. For system purposes, this can be defined as the continued use of programs or commands which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system.
We calculate processes this way: 1 process = 1 IRC connection, you can NOT create more then ONE connection from any process to any IRC network.7) E-mail abuse
E-mail abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals, the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.8) Usenet order News abuse
Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.9) Pyramid/Money-making schemes
Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.10) Pirated software
Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. Such activities are prohibited by Federal law and are thus not allowed in any form on ShellCity.no. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of export control laws is strictly prohibited.11) High-traffic Web sites
Individual accounts on ShellCity.no's machines are intended to provide access to individuals only. As most individual pages are fairly low-traffic for the most part, the performance for everybody on the system is optimal. However, some individuals occasionally choose to put content on their pages which draws a large number of hits to their pages and thus degrade performance for other users' pages. Due to this, ShellCity.no has had to implement certain limitations on the amount of traffic an individual user's home page can receive.III. Penalties for Abuse
All prohibited activities are subject to immediate termination of a user's account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, in addition to any and all other remedies at law, ShellCity.no reserves the right to disable the account immediately. Accounts which have been disabled by administration for abuse will not be re-opened for a user. It is vital for ShellCity.no to provide a quality service for all users, and ShellCity.no will not tolerate users who through their actions hinder us in that endeavor. It is also important for ShellCity.no to have a non-intrusive presence to the rest of the net, and thus prohibited activities which adversely affect users on other service providers and their associated networks. To this end, ShellCity.no reserves the right to modify and/or disable user service at any such time abuse occurs.ShellCity.no will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
All ShellCity.no's Internet users agree to indemnify and hold ShellCity.no, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User's violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the User's dependents, or the infringement of any intellectual property or privacy right of any person or entity.
IV. Billing Policies
ACCOUNTHOLDER acknowledges, agrees and assumes full responsibility for making timely full monthly payments for each ShellCity.no Internet account. Timely payment includes maintaining ACCOUNTHOLDER billing information given to ShellCity.no for each Internet account which the ACCOUNTHOLDER must keep current.
ShellCity.no reserves the right to cancel any ACCOUNTHOLDER account without notice due to non-payment. In the event that ACCOUNTHOLDER fails to timely make full payment of each invoice, ShellCity.no reserves the right to charge interest, late fees and/or reactivation charges on the delinquent ACCOUNTHOLDER'S account.
In the event of cancellation by ACCOUNTHOLDER, ACCOUNTHOLDER must contact ShellCity.no using e-mail before the next billing period. Notification of cancellation MUST be accompanied by the ACCOUNTHOLDER'S ShellCity.no's login-name in order for a cancellation to be effectuated.
NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. ACCOUNTHOLDERS are responsible for full payment of all accounts whether or not the account is ever utilized. All original unopened software must be returned to ShellCity.no in order for ACCOUNTHOLDER to be entitled to any refund. In the event that ACCOUNTHOLDER fails to return the original unopened software to ShellCity.no, ACCOUNTHOLDER will be billed for a minimum of one month's service.
Any billing discrepancies shall be presented to ShellCity.no in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve ACCOUNTHOLDER of the obligation to make all payments including the amounts disputed by the due date. ShellCity.no shall not be obligated to consider any ACCOUNTHOLDER notice of billing discrepancies which are received by ShellCity.no more than twenty (20) days following the date of the invoice in question. If an ACCOUNTHOLDER fails to dispute any charge after twenty (20) days from the date of the charge, ACCOUNTHOLDER waives its rights to thereafter make any such dispute and all such charges will be deemed valid.
In the event that an ACCOUNTHOLDER pre-pays for their Internet account, any discounts given by ShellCity.no for such payment plans are calculated that the ACCOUNTHOLDER is paying for the regular months of service and getting additional months at the end of the service term at a discount. In the event that an ACCOUNTHOLDER cancels their service within a year, such ACCOUNTHOLDER is no longer entitled to any discounts.
ShellCity.no makes no warranties as to the availability or right to use of any Login-name, E-mail address, or Web Page address. Login-names, E-mail addresses, and Web Page addresses are NOT confirmed at the time of sign-up of any ACCOUNTHOLDER. ShellCity.no will not refund any charges for reprinting of stationary or any other losses incurred.
ShellCity.no MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE.
ACCOUNTHOLDER agrees that at the end of the term of the Internet Account initially agreed to by ACCOUNTHOLDER or any term thereafter, ShellCity.nos may, at its sole discretion, automatically renew such Internet Account for an additional term. ACCOUNTHOLDER further agrees that upon renewal of such Internet Account.
Whereas the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ShellCity.no can make no guarantee that any given reader shall be able to access ShellCity.no. server at any given time. ShellCity.no represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
ShellCity.no makes no representations whatsoever about other web sites which you may access through this one. When you access a non-ShellCity.no web site, please understand that it is independent from ShellCity.no, and that ShellCity.no has no control over the content on that web site. In addition, a link to a ShellCity.no web site does not mean that ShellCity.no endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
IN NO EVENT WILL ShellCity.no BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
FØRDE, NORWAY 07.15.2004
[Witten by Marius Kaase 01/23-2002]
[Updated by Rasmus Fauske 07/15-2004]
