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Terms of Service

Effective Date: September 21, 2025

In the grand tradition of the internet's pioneering spirit—where bytes fly freely and knowledge is shared like a hearty handshake (nod to the whimsical RFC 1226, that cheeky April Fool's gem from 1991 outlining the “Internet Protocol Handshake” for physically exchanging data tapes, [ref:https://www.rfc-editor.org/rfc/rfc1226.txt])—by accessing, using, or otherwise engaging with the services provided by [Your Name/Entity] (hereinafter referred to as “the Provider,” “we,” “us,” or “our”), including but not limited to internet connectivity, network services, IP address allocation, hardware usage, or any related infrastructure (collectively, the “Services”), you (hereinafter referred to as “the User,” “you,” or “your”) agree to be bound by these Terms of Service (hereinafter referred to as the “ToS”). If you do not agree to these ToS, you must immediately cease all use of the Services—perhaps opting instead for a good old-fashioned sneakernet exchange, as playfully suggested in RFC 1226.

These ToS constitute a legally binding agreement between you and the Provider, fostering an environment where learning and experimentation thrive, much like the collaborative ethos of amateur radio and early internet protocols. The Services are provided free of charge as our community donation to support the spirit of learning, sharing, and connectivity. However, no reliability is implied or offered, and the Services may be unreliable, subject to interruptions, or discontinued with little to no notice, as we prioritize community goodwill over guaranteed uptime. The Provider reserves the right to amend, modify, or update these ToS at any time, with changes becoming effective upon posting to our website or notification via email. Your continued use of the Services after any such changes constitutes your acceptance of the revised ToS, continuing our shared journey in the pursuit of knowledge.

1. Compliance with ARDC End User License Agreement (EULA)

All use of the Services must fully comply with the Amateur Radio Digital Communications (ARDC) End User License Agreement (EULA), available at [https://portal.ampr.org/download/eula], which is incorporated herein by reference in its entirety. In the event of any conflict between these ToS and the ARDC EULA, the ARDC EULA shall prevail to the extent necessary to ensure compliance with ARDC's requirements for the use of AMPRNet services, IP addresses, DNS, or related infrastructure. By using the Services, you acknowledge that you have read, understood, and agreed to the ARDC EULA, and you represent that your activities are in ongoing compliance therewith, including but not limited to permitted uses (e.g., Amateur Radio communications, experimentation, education, and research—embracing the spirit of sharing knowledge as if via a direct “handshake” per RFC 1226, [ref:https://www.rfc-editor.org/rfc/rfc1226.txt]), prohibited uses (e.g., no commercial purposes, no violations of law, no harmful or disruptive activities), user responsibilities, and cooperation with ARDC.

2. Federal First Amendment Compliance and Pre-Emptive Protection

The Provider operates the Services in strict compliance with the First Amendment to the United States Constitution, which protects freedom of speech, expression, assembly, and petition [ref:U.S. Constitution, Amendment I]. As a pre-emptive federal blanket protection, these ToS affirm that the Services are provided on a content-neutral basis, without censorship, restriction, or interference with lawful speech or expression, except as required by applicable federal law or to enforce these ToS and the ARDC EULA. This aligns with landmark cases such as Brandenburg v. Ohio (1969), where the U.S. Supreme Court clarified that speech advocating illegal action is protected unless it incites imminent lawless action [ref:395 U.S. 444], and Edwards v. South Carolina (1963), affirming protections for peaceful assembly and petition [ref:372 U.S. 229]. The Provider shall not monitor, edit, or disclose user content based on viewpoint, ideology, or opinion, and any enforcement actions shall be limited to violations of law, these ToS, or the ARDC EULA. This provision is intended to invoke the full protections of the First Amendment as a superior federal right, preempting any conflicting state or local regulations to the maximum extent permitted by law, drawing from cases like McIntyre v. Ohio (1995) on anonymous speech [ref:514 U.S. 334] and Sherbert v. Verner (1963) from South Carolina on free exercise rights [ref:374 U.S. 398]. In the fun spirit of learning, we encourage users to explore these constitutional foundations—perhaps even sharing insights via unconventional means, à la RFC 1226's humorous take on physical data handoffs [ref:https://www.rfc-editor.org/rfc/rfc1226.txt].

3. Protections as a Content-Neutral Service Provider/ISP

The Provider operates as a content-neutral carrier of data, akin to an Internet Service Provider (ISP), and claims all immunities and protections available under federal law, including but not limited to Section 230 of the Communications Decency Act (47 U.S.C. § 230) [ref:47 U.S.C. § 230]. Under no circumstances shall the Provider be held responsible, liable, or accountable for any actions, content, data, communications, or activities conducted by Users or Sub-Users through the Services. The Provider does not monitor, control, endorse, or assume responsibility for user-generated content, transmissions, or usage. Users bear sole responsibility for their own activities, and the Provider shall not be deemed a publisher, speaker, or distributor of any user content. This immunity extends to all claims, including but not limited to defamation, intellectual property infringement, privacy violations, or illegal activities attributable to Users, as reinforced in cases like M.P. v. Meta from South Carolina (applying Section 230 to bar state tort claims against platforms) [ref:M.P. v. Meta, No. 7:22-cv-01717 (D.S.C. 2023)] and general Section 230 applications in Ohio shielding ISPs from subscriber acts [ref:See, e.g., Hill v. StubHub, Inc., 727 F. App'x 168 (6th Cir. 2018)].

The Provider's hardware, infrastructure, and equipment (located in Ohio) are protected under these ToS. Users agree not to tamper with, access without authorization, or otherwise interfere with the Provider's equipment—lest we resort to RFC 1226-style manual interventions for troubleshooting [ref:https://www.rfc-editor.org/rfc/rfc1226.txt]! Any such interference may result in immediate termination of Services and pursuit of legal remedies. As a free community service, we remind you that the Services may be unreliable or subject to downtime with little to no notice, as our focus is on fostering knowledge-sharing, not guaranteeing uptime.

4. Permitted Uses

You may use the Services only for lawful, non-commercial purposes consistent with the ARDC EULA, including Amateur Radio activities, experimentation, education, and research. All uses must comply with federal, state, and local laws, including those in your locality and the Provider's locations (South Carolina and Ohio). Embrace the spirit of learning and sharing—whether digitally or through a playful “handshake protocol” as easter-egged in RFC 1226—to foster innovation and community [ref:https://www.rfc-editor.org/rfc/rfc1226.txt]. These Services are offered free of charge as our gift to the community, but with no implied or offered reliability, and interruptions may occur without notice.

5. Prohibited Uses

In addition to the prohibitions outlined in the ARDC EULA, you agree not to use the Services for:

  • Any illegal activity under federal, state, or local law in your jurisdiction or the Provider's jurisdictions (South Carolina and Ohio).
  • Commercial purposes, selling, leasing, or monetizing the Services without prior written authorization.
  • Activities that violate the rights of others, including intellectual property infringement, harassment, or harm to minors.
  • Introducing malware, viruses, or engaging in disruptive behaviors such as denial-of-service attacks.
  • Any use that overloads, damages, or impairs the Services or the Provider's equipment.

These restrictions align with First Amendment boundaries, as seen in Ohio's Bey v. Rasawehr (2020) on speech regulations [ref:2020-Ohio-3301] and South Carolina's NAACP v. Kohn (2023) on data collection under free speech protections [ref:No. 2:23-cv-02525 (D.S.C. 2023)].

6. User Responsibilities and No Expectation of Privacy

You are solely responsible for your use of the Services, including compliance with all applicable laws and these ToS. You must provide accurate information upon request, including contact details and intended uses, and promptly notify the Provider of any changes.

Implied Warning on Privacy and Data Trails: While the Provider connects Users to the Services and may maintain logs solely for personal data analysis (e.g., network performance optimization), there is no expectation of privacy in your use of the Services. All online activities leave data crumbs, trails, and metadata that can be traced, analyzed, or subpoenaed by authorities. Do not use the Services for any illegal activities in your locality or elsewhere, as the power of metadata and digital forensics should not be underestimated—such activities can be detected, investigated, and prosecuted regardless of perceived anonymity. The Provider may cooperate with law enforcement or comply with legal orders without notice to you, including disclosure of logs or data. Remember, in the fun vein of RFC 1226, even physical handshakes leave traces—digital ones are no different [ref:https://www.rfc-editor.org/rfc/rfc1226.txt]!

If you provide access to the Services to any third party (a “Sub-User”), you assume full responsibility and liability for their actions unless they independently accept these ToS and register with the Provider. You must monitor Sub-Users for compliance and report violations promptly, all in the collaborative spirit of knowledge-sharing. As a free service, we reiterate that the Services may experience unreliability or downtime without prior notice.

7. Term and Termination

These ToS commence upon your acceptance and continue indefinitely unless terminated. The Provider may terminate or suspend your access at any time, with or without notice, for any reason, including violations of these ToS or the ARDC EULA. Upon termination, you must immediately cease using the Services—back to basics, perhaps with a RFC 1226-inspired tape exchange for your data needs [ref:https://www.rfc-editor.org/rfc/rfc1226.txt]. Given the free nature of this community donation, the Services may also be discontinued or interrupted with little to no notice due to potential unreliability.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement. The Provider does not guarantee uninterrupted, secure, or error-free operation. As a free community service, we explicitly state that no reliability is implied or offered, and the Services may go down or be unavailable with little to no notice, prioritizing our commitment to the exploratory joy of learning over consistent uptime.

9. Limitation of Liability

To the fullest extent permitted by law, the Provider, its affiliates, and agents shall not be liable for any damages arising from your use of the Services, including direct, indirect, incidental, consequential, or punitive damages, even if advised of the possibility thereof. This is consistent with Section 230 protections, as applied in South Carolina tort cases [ref:See, e.g., Doe v. Internet Brands, Inc., No. 2:12-cv-03626 (D.S.C. 2014)].

10. Indemnification

You agree to indemnify, defend, and hold harmless the Provider, its officers, agents, and affiliates from any claims, losses, or damages arising from your violation of these ToS, the ARDC EULA, or your use of the Services, including Sub-User actions—ensuring we can all focus on sharing knowledge freely.

11. Governing Law and Jurisdiction

These ToS shall be governed by the laws of the United States and the State of South Carolina, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the federal or state courts located in South Carolina. You waive any objections to jurisdiction or venue. For Ohio-specific hardware protections, federal preemption applies, drawing from cases like Brandenburg v. Ohio (1969) [ref:395 U.S. 444].

12. Arbitration

Any disputes arising from these ToS shall be submitted to binding arbitration under the rules of the American Arbitration Association in South Carolina, applying federal and South Carolina law. By agreeing to these ToS, you waive the right to litigate in court and agree to arbitration as the sole remedy—keeping things civil in our shared quest for enlightenment.

13. Miscellaneous

  • Severability: If any provision is held invalid, the remainder shall remain in effect.
  • No Waiver: Failure to enforce any provision does not constitute a waiver.
  • Assignment: You may not assign these ToS without the Provider's written consent; the Provider may assign freely.
  • Force Majeure: Neither party is liable for delays due to events beyond control.
  • Entire Agreement: These ToS, incorporating the ARDC EULA, constitute the entire agreement, infused with the spirit of RFC 1226's lighthearted approach to connectivity [ref:https://www.rfc-editor.org/rfc/rfc1226.txt].

References

  • U.S. Constitution, Amendment I.
  • RFC 1226: Internet Protocol Handshake (IPH) – [https://www.rfc-editor.org/rfc/rfc1226.txt] (for inspirational, humorous references to knowledge sharing).
  • Key Cases:
    • Brandenburg v. Ohio, 395 U.S. 444 (1969).
    • McIntyre v. Ohio, 514 U.S. 334 (1995).
    • Edwards v. South Carolina, 372 U.S. 229 (1963).
    • Sherbert v. Verner, 374 U.S. 398 (1963).
    • Bey v. Rasawehr, 2020-Ohio-3301 (2020).
    • NAACP v. Kohn, No. 2:23-cv-02525 (D.S.C. 2023).
    • M.P. v. Meta, No. 7:22-cv-01717 (D.S.C. 2023).
    • Doe v. Internet Brands, Inc., No. 2:12-cv-03626 (D.S.C. 2014).
    • Hill v. StubHub, Inc., 727 F. App'x 168 (6th Cir. 2018).
  • Section 230 of the Communications Decency Act (47 U.S.C. § 230).

By using the Services, you acknowledge that you have read, understood, and agree to these ToS. For questions, contact [Your Email/Contact]. Let's keep the spirit of learning alive—handshake optional, but reliability not guaranteed!

tos.1758423609.txt.gz · Last modified: by n0fuq