Cyber Help, Inc.
Conditions of Use
Various online services are provided by Cyber Help, Inc. (CHI) and together are designed to
provide the most open
and diverse community on the net. The software provides the ability for a user to
interact with other users without charge. For a minimal fee, the software also provides
registered users ("citizens") the ability to create free, public, and private rooms of various
types. Citizens are also afforded E-Mail capabilities, and HTTP served space.
The HTTP served space can be used for home pages and/or decorating rooms.
While we try to get by with as few rules and restrictions as possible, the
following are the Conditions of Use for users of services provided by CHI. These restrictions are
necessary to ensure our open community stays open and continues its
diversification.
The Conditions of Use are presented in the following five sections.
Any of these sections can be changed at any time and without notice. The sections
are:
- Part 1 - Who is responsible? - This section describes who is responsible for various aspects of service use.
- Part 2 - Rules of Conduct - This section describes what is and is not allowed at on CHI servers.
- Part 3 - Citizen Concerns - This section describes the actions which CHI can take in addressing
problems which may while using our services.
- Part 4 - Room Owner Rights - This section describes the rights of room owners when they create rooms
here using our services.
- Part 5 - CHI's Warranty and Limitation on Liability.
Part 1 - Who is Responsible?
Each person is responsible for his or her own conduct. Any material transmitted to CHI Servers
via any IP protocol, including, but not limited to, TCP, FTP, HTTP, GOPHER, WAIS
is the responsibility of the person initiating the transfer.
It is the responsibility of
registered users to secure their accounts properly. Sharing of accounts is discouraged.
- Any account which is used
for illegal purposes or violates the Conditions of Use may be removed.
- Any account which is used by persons to commit illegal acts, or violate the Conditions of Use
may be removed.
- Accounts used for illegal purposes, violations of the Conditions of Use, or used by persons who committed illegal acts, or violations of the Conditions of Use
may be removed regardless of whether or not the registered user is involved in, or has knowledge of
the activities.
Any account which has not been logged into for 1 year may be considered unsecured and
may be suspended. Any account which has not been logged into for 5 years may be considered abandonded and may be deleted.
Bottom line is, registered users must protect their accounts. If they don't protect their accounts, the accounts may be deleted.
CHI is responsible for maintaining the chat site from a hardware
and software perspective. CHI does not monitor the information transmitted to and from the site and is NOT responsible for content. Please read our Intellectual Property Policy for information
on reporting issues with content.
Note: CHI software and facilities are considered in beta testing and therefore
stability is not guaranteed.
Part 2 - Rules of Conduct
- People under the age of 18 ... rt or vt.. are not allowed to use CHI services. This means you cannot be OR PRETEND TO BE under the age of 18 and use CHI services.
Registered users should not interact with
people under the age of 18. Anyone that identifies themselves
as under the age of 18 should be asked to leave and reported to CHI. Engaging in further conversation with anyone under the age of 18 is prohibited.
- Using CHI services for business/commercial purposes is prohibited, whether for profit or non-profit. Advertising through
postings on corkboards and/or chat rooms is prohibited. Using our 'people' list as a source
for mailings is also prohibited.
- Using the http served space for business/commercial purposes is prohibited. Using
the served space as a Homepage or Entrance to a business/commercial site is
prohibited. Also
prohibited is using the space to set up sites which generate excessive
amounts of traffic, whether they are commercially oriented or not.
The threshold used to determine if a site is excessive is 25 Megabytes/day.
- Posting in a manner designed to disrupt the flow of communication within a room is prohibited.
Note:This includes posting large posts, posting 'bad html', 'java', or any other type of
post which is designed to 'crash' a room.
- Theatening to post, or posting peoples real names, identities, or other information which can be used to identify someone without their express permission is prohibited.
Note: CHI services are generally used anonymously, and while we do not guarantee anonymity, we do believe
that each person has the right to control his or her own identity to the extent possible.
Therefore, even if someone has previously posted personal information, that information may
not be reposted without the express consent of that person.
Posts of personal information can be reported to CHI for removal.
Note
that 'personal information' is something that can be used to identify someone, such
as name, address, phone, place of business, pictures, etc. It is not meant to protect all types of information about someone, such as their
likes, dislikes, hobbies or their social status, health status, financial status or marital status.
- Threatening to 'trace' someone, or actually tracing someone through the use of
IP utilities such as Finger, Trace, and Whois is prohibited. Posting pictures and links with
the intent to 'capture' IP addresses is prohibited.
- Impersonating other people is prohibited.
Note: Registered users are normally
protected against impersonation through the use of handle registration. However,
handle registration is an imperfect mechanism for protecting against impersonation.
Generally, handles are available to be used by others if they are not registered.
However, if a handle is adopted by a user strictly for the purpose of harassing
another person, CHI reserves the right to take corrective action. This applies
to visitors and citizens, as well as registered and unregistered handles.
- Hate speech is prohibited. Suspected hate speech should be
reported to CHI for review and possible deletion.
CHI
reserves the right to make the final determination of what is or is not hate speech.
- The chat site service provides various blocking/ignoring features. Taking actions in order
to defeat these features is prohibited.
- Any illegal activity as defined by the Laws of the United States or the laws of
the State of Colorado is prohibited.
Note: CHI believes strongly in the right to privacy, and does not
moderate or inspect the information transmitted to and from the servers.
However, CHI reserves the right to investigate any matter brought to our attention.
We will also cooperate in any lawful investigation involving the use of our system.
- Posting or linking to bestiality images is prohibited. Suspect content should be reported to CHI for review and possible deletion.
- Using children in Avatars, regardless of the circumstance, is prohibited.
- Child Pornography will not be tolerated and is prohibited.
While child pornography is
covered in a previous bullet as an illegal activity, we make special mention of it
here because of our strong convictions against the explotation of children. CHI will
cooperate fully with any investigation into child pornography which involves the
use of CHI facilities. We will also report to the proper authorities any child
pornography evidence that is uncovered or reported to us.
In this context,
child pornography is defined as pictures involving the sexual exploitation of children, or anything
similar or which gives the appearance of the sexual exploitation of children. CHI
reserves the right to make the final determination of what is or is not child pornography in this context.
If reported, sexual stories about people under the age of 18 will be deleted and should not be posted. Repeated
posting of such stores can result in account suspension or deletion.
Part 3 - Registered User Concerns
CHI is meant to be a quality provider of internet 'chat' and related services. If you become a registered user ("citizen") of the community, you should consider your payment ("taxes")
as a donation in support of the community. CHI does not provide refunds.
Citizens of the community have a special duty to act in a manner which supports the community.
Note: CHI reserves the right to revoke citizenship for any reason, and to
block users who have had their citizenships revoked.
CHI may revoke citizenship at the first episode of any conduct by
a citizen that CHI believes is in violation of the spirit and/or rules of the community.
However, CHI generally tries to correct citizen behavior rather than simply
terminating citizenship. We want the people who have paid to support the community to have the
opportunity to use the facilities.
CHI therefore may use its discretion to enforce compliance with
the rules and spirit by:
- Issuing written warnings to offending citizens, explaining the offense and asking
that corrective action be taking to prevent the offense from recurring.
- Suspending citizen accounts for a period of time to prevent the citizen from
continuing the behavior. The citizen may then be allowed back into the community on condition
that a written notice is received that states the behavior will not recur. The citizen
may incur and be required to pay fees associated with this action.
- Reduction in citizenship privileges, including, eliminating the Served HTTP space
benefit and/or the E-Mail benefit.
- Cancelling citizen accounts.
- Blocking users from CHI facility access.
Any of the above actions may be taken at any time.
Part 4 - Room Owner Rights
Citizens of the community have the ability to create their own chat rooms of various formats.
The owners of these rooms have the following rights:
- Room owners have the right to set rules and themes for their particular rooms.
- Room owners have the right to expect their rules and themes to be respected.
- Room owners can arbitrarily enforce these rules and make up new ones.
- Room owners do not have to put their rules in writing (Although doing so may help
prevent misunderstandings).
- Room owners may have other persons blocked from their rooms for any reason.
- Room owners may delete any post from their rooms for any reason.
Just because someone is a citizen of the community does not mean they have a right
to be in any particular room. If a Room owner asks someone to leave, they should leave.
If someone is blocked, and that someone purposefully does things to go around the block,
then CHI reserves the right to take corrective action, up to and including account termination.
Note: In situations where CHI Conditions of Use and Individual room rules conflict.. the CHI Conditions of Use
supersede any room rules. Rooms may not be created that violate the CHI Conditions of Use or encourage the violation of the CHI Conditions of Use.
Part 5 - Warranty and Limitation on Liability
Definitions:
- CHI - Cyber Help, Inc.
- CHI SERVICES - Meaning all services provided by CHI including,
but not limited to, chat rooms, e-mail, ftp, and http served space.
- USER - Any user of CHI SERVICES, whether paying for those services or not.
Warranty and Limitation on Liability:
- CHI reserves the right to change the Conditions of Use at
any time and without notice.
- CHI does not perform backups of any data. Therefore, any
data which a USER considers critical should be downloaded to the USER's computer equipment
for safe keeping and storage.
- USER agrees that use of CHI SERVICES is at USER's risk. CHI
disclaims all warranties of any
kind, whether express or
implied. CHI makes no warranty that CHI SERVICES
will meet USER requirements, or that CHI SERVICES will be
uninterrupted, timely, secure, or error free, or as to the accuracy or
reliability of any information obtained through this service.
- USER understands and agrees that any content downloaded or otherwise
obtained through the use of CHI SERVICES is done at USER's own
discretion and risk and that USER will be solely responsible for any
damages to USER's computer system or loss of data that results in the
download of such data content.
- USER understands and agrees that any content uploaded to CHI SERVICES is done at USER's own
discretion and risk and that USER will be solely responsible for such content.
- CHI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ALL PARTICULAR PURPOSES.
- IN NO EVENT SHALL CHI OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE
CHI SERVICES PROVIDED BY CHI, EVEN IF CHI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER IS RESPONSIBLE FOR ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES
INCURRED BY CHI, IN RELATION TO ANY LEGAL ACTION WHATSOVER ARISING
OUT OF THE USE OR THE INABILITY TO USE THE CHI SERVICES PROVIDED BY
CHI.