Last Modified April 29, 2003

Part 1

A. Introduction:

The following is the Terms of Use Policy for computers and servers on the Arabian Virtual Village and Friends (AVVF) network, including but not limited to, its chat forums, email servers, website and web pages, and all equipment and software of subcontractors and affiliates. As a user of these resources, you are responsible for reading and understanding this document. This document protects the users of AVVF, computer hardware and networks, and system administrators.

Connection to AVVF network, including the chat forum is the right of a member in good standing that is complying with the Terms of Use Policy. AVVF reserves the right to deny access to any component of AVVF without advanced warning. AVVF should within reasonable time provide the reason for such denial and allow the member to appeal such decision.

The AVVF chat forum contains two distinct sections, one public, and one private. While neither section need continuously be moderated, every chat room either public or private needs to be registered in order to operate. The dialog in public chat rooms is recorded and electronic records are kept for a period of one week, records a week old will be deleted at maturity. The electronic records on file can be used by AVVF to mitigate complaints if they arise. Such records are the sole property of AVVF who would dispose of them as deemed necessary. No user of the chat forum has the right to request copies of such records. Many users of the chat forum will have the opportunity to record conversations in private and public chat rooms; such recordings will not be acceptable in any conflict mitigation due to their volatility and susceptibility to editing and modification. Private chat rooms are not recorded by AVVF. In either case when a member is in the chat forum, whether a visitor or an operator, he is a guest of the chat forum and needs to comply with all elements of the Terms of Use Policy. Further you accept that you have no claim to any data provided to AVVF.

AVVF, even though it records chat rooms designated as public, those records are only kept for one week and accessed when there is a complaint. AVVF does not control or monitor the content transmitted through its services and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using AVVF, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will AVVF be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed or otherwise made available through AVVF.

AVVF reserves the right to alter its Terms of Use Policy and any terms and conditions of service at any time without prior notice. However, a notice will be sent to the to the AVVF members who have provided an functional email to the email list ten days in advance of such changes if possible. Notice is deemed given when sent.

 The AVVF Terms of Use Policy is constantly under review. We consider comments from our members and from experienced staff. We will change this document from time to time. The member is subject to the Terms of Use Policy in effect at the time any AVVF resource or service is used, and to each revision of the Terms of Use Policy that becomes effective subsequently. This version of the AVVF Terms of Use Policy supersedes all earlier versions.

The formation, construction, and performance of the Terms of Use Policy will be construed in accordance with the laws of the state of Connecticut. If any provision of the Terms of Use Policy is held invalid or unenforceable, the remainder of the Terms of Use Policy will nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will nevertheless remain in full force and effect in all other circumstances.

B. Rights and Responsibilities:

The AVVF network can provide access to resources locally, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires hat individual users act responsibly.  Users must respect the rights of other users, respect the integrity of the systems and related physical resources, and observe all relevant laws, regulations, and contractual obligations. Since electronic information is volatile and easily reproduced, users must exercise care in acknowledging and respecting the work of others through strict adherence to software licensing agreements and copyright laws. AVVF will openly and fully cooperate with any duly authorized law enforcement agency in their efforts to enforce their laws.

By using AVVF, you agree to indemnify and hold harmless AVVF, its resource providers, officers, operators, administrators, and other agents from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber's use of services in any manner, whether directly or indirectly or by any act or omission.

You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) your use of any AVVF service, (2) the communications means by which you connect your terminal, personal computer or other device to AVVF services or to any service provided to and by AVVF, and (3) the local AVVF server you connect to as stated or referenced to in its Message of the Day (/motd).

Your rights herein granted cannot be transferred, assigned, shared, sold, or used by anyone other than yourself.

AVVF has the right to delete ALL data files, or other information that is stored in any database operated by a AVVF officer or under the auspices of AVVF once your nick/channel's registration has been terminated, by either you or AVVF.

No warranty is made by AVVF regarding any information, services or products provided through, in connection with, or located on the computer systems owned by, or operated under the auspices of, AVVF or any other services provided by AVVF. AVVF hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability, accuracy, or content of information, products, or services; and, (ii) any warranties of merchantability or fitness for a particular purpose.

AVVF shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure.

No agent, officer, or representative of AVVF has any authority to bind AVVF to any affirmation, representation, or warranty concerning the services provided by AVVF.

C. Enforcement:

Minor infractions of this policy, when accidental, such as connecting multiple clients, or flooding, are generally resolved informally by a network operator and may result in temporary removal from the network (/kill) or dealt with through electronic mail or on-line discussion and education.

Repeated minor infractions, or misconduct which is more serious, may result in the temporary or permanent loss of network access privileges (k-line) or the modification of those privileges. More serious violations include, but are not limited to unauthorized use of nickserv/chanserv accounts, attempts to steal passwords or data, repeated harassment, or threatening behavior. In addition the offender's service provider will most likely be informed.

Upon receiving a "k-line", the user is on notice that they are no longer authorized to access AVVF’s systems. Any attempt to circumvent the restriction will be considered trespass and subject to civil prosecution. The user is instructed to contact kline@avvf.net via e-mail to facilitate the removal of the restriction and to once again be authorized to use the system.

AVVF endeavors to allow all persons to be able to use its services in a free and unmoderated manner. However, AVVF will exercise its right to remove users at its own determination, when it feels that doing so benefits the community as a whole. There are times when accomplishing this requires restricting access to an entire ISP. AVVF will make every effort to work with the affected ISP to track down and restrict just the offending individual(s) and once again allow access to the ISP's normal userbase.

The failure of AVVF to exercise or enforce any right or provision of the Terms of Use Policy shall not constitute a waiver of such right or provision.

PART 2  

Definition:

An "account" with regard to any of AVVF services (Nickserv, Chanserv, MemoServ etc) is the data within said services that is designated for a specific user based upon their selected nickname and/or channel. Access to an "account" is derived by appearing with a recognizable user address and/or supplying an appropriate password. Upon creating an account, the user assumes full responsibility for the confidentiality of his/her account/password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Conduct, which violates this policy, includes, but is not limited to, the activities in the following list:

*   Unauthorized access of a nickserv/chanserv account.

*   Using AVVF to gain unauthorized access to any computer systems.

*   Connecting unauthorized servers to the network.

*   Unauthorized attempts to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data.

*   Knowingly or carelessly performing an act that will interfere with the normal operations of computers, servers, or processes on AVVF.

*   Knowingly or carelessly running any program that may damage or place excessive load on a server or the network. This includes, but is not limited to, mass-invites, mass-messages, and programs known as floodbots and clonebots.

*   Connecting an automated client (bot, fserv, etc…) to a AVVF server without prior authorization by that server's administration.

*   Using AVVF resources for commercial activity, such as advertising or selling a product, for the purpose of financial gain, without prior approval of the AVVF administration.

*   Using AVVF resources to declare or advertise a professional affiliation or provide professional advice or service such as but not limited to legal, financial, medical, etc…), whether for free or for financial gain without prior approval of the AVVF administration. This is the current position of AVVF but is open for discussion. You could email suggestionbox@avvf.net

*   Forging the identity of a user or machine in an electronic communication.

*   Using private chat channels or AVVF resources to transmit hate ideology, pornography, or any material deemed illegal under the law of the United State of America.

*   Intentionally repeating or transmitting material in a rapid manner producing the affect of harassing a user by "flooding" them.

*   Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting any part of another user's nickserv/chanserv/memoserv account without the explicit agreement of the owner.

*   Using a channel for the primary purpose of facilitating the transfer of files.