This Acceptable Use Policy Agreement ("AUP") supplements the terms of the Service Agreement (“Agreement”) located at http://www.thenth.com, and is intended as a guide to the rights and obligations of the Customer (“Client”) when utilizing services provided by TheNth.com, LLC (“Provider”). By using these services, you agree to comply with this policy.

This AUP may be revised. Use of Provider’s services constitutes acceptance of this policy and any additional terms that may have been amended to it. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, use of Provider’s services for unacceptable uses or illegal activities of any kind is prohibited. Conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited.

Provider will be the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.

Consequences of Violation

When Provider is made aware of violations to its AUP Provider will conduct an investigation. During which, Provider may restrict or suspend the Client’s services in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Provider may, at its sole discretion, restrict, suspend, or terminate Client’s account and/or pursue other civil remedies. If such violation is a criminal offense, Provider will notify the appropriate law enforcement department of such violation. Provider does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

The following are unacceptable uses:

1. Illegal Use

Provider’s servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.

2. Misuse of System Resources

It is a violation for anyone to post information or to include programs on the web space provided through Provider’s services which consume excessive bandwidth, CPU time or storage space.

3. System and Network Security

Violations of system or network security including, but not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

4. Abusive Language

Transmitting or posting defamatory, harassing, abusive, or threatening language about another user without their consent.

5. Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). Maintaining an open SMTP relay. When a complaint is received, Provider has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

6. Obscene Speech or Materials

Using Provider’s network to advertise, transmit, store, post, display, or otherwise make available child pornography, obscene speech or material. Provider is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Provider’s network.

7. Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others. Provider is required by law to remove or block access to Client’s content upon receipt of a proper notice of copyright infringement. It is also Provider’s policy to terminate the privileges of Clients who commit repeat violations of copyright laws.

8. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

9. Export Control Violations

Violations of export control laws including exporting encryption software over the Internet or otherwise, to points outside the United States.

10. Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software or other activities, whether lawful or unlawful, that Provider determines to be harmful to its subscribers, operations, reputation, goodwill, or Client relations.

11. Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Reporting Network Abuse

Any party seeking to report any violations Provider’s policy may contact via e-mail: