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Terms of Service

Effective Date: September 21, 2025

Welcome to the digital frontier, where bits dance freely and knowledge flows like a well-timed quip. By engaging with the services provided by N0FUQ (hereinafter “the Provider,” “we,” “us,” or “our”), including internet connectivity, network wizardry, IP allocations, hardware access, or related infrastructure (collectively, the “Services”), you (hereinafter “the User,” “you,” or “your”) agree to be bound by these Terms of Service (the “ToS”). If you disagree, kindly step away from the keyboard—perhaps take up carrier pigeon messaging instead.

These ToS form a binding agreement, fostering a playground for experimentation and learning, reminiscent of ham radio’s golden days and the internet’s wild youth. The Services are offered free of charge as our gift to the community, championing connectivity and discovery. However, no reliability is promised or implied, and the Services may hiccup, stall, or vanish without notice, as we prioritize the joy of exploration over guaranteed uptime. We may revise these ToS at any time, with changes effective upon posting or email notification. Continued use means you’re onboard with the updates, ready to surf the waves of innovation.

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

All use of the Services must align with the Amateur Radio Digital Communications (ARDC) End User License Agreement (EULA), found at //portal.ampr.org/download/eula, incorporated here in full. If these ToS conflict with the ARDC EULA, the EULA takes precedence to ensure compliance with AMPRNet’s rules for IP, DNS, and infrastructure. By using the Services, you confirm you’ve read, understood, and accepted the ARDC EULA, and your activities comply with its terms, including permitted uses (e.g., ham radio, experimentation, education, research) and prohibitions (e.g., no commercial use, illegal activities, or network disruptions).

2. Federal First Amendment Compliance and Pre-Emptive Protection

We operate the Services in strict accordance with the First Amendment to the U.S. Constitution, safeguarding freedom of speech, expression, press, assembly, and petition 2. As a robust federal shield, these ToS ensure the Services remain content-neutral, free from censorship or interference with lawful speech, press, or expression, except as required by federal law or to enforce these ToS and the ARDC EULA. This stance is bolstered by landmark cases like Brandenburg v. Ohio (1969), which protects speech unless it incites imminent lawless action 2, and Edwards v. South Carolina (1963), upholding peaceful assembly and petition 2. We don’t monitor, edit, or disclose user content based on viewpoints or opinions—enforcement is limited to legal violations, these ToS, or the ARDC EULA. This invokes maximum First Amendment protections, preempting conflicting state or local regulations, drawing from McIntyre v. Ohio (1995) on anonymous speech 2 and Sherbert v. Verner (1963) from South Carolina on free exercise rights 2.

For journalism and code as speech: The First Amendment shields the press from prior restraints, as in Near v. Minnesota (1931) 4, and requires “actual malice” for defamation claims against media on public issues, per New York Times Co. v. Sullivan (1964) 4. Code is speech too—protected for sharing encryption or software, as ruled in Bernstein v. United States Department of Justice (1996), which struck down export controls on code as prior restraint 0, and Junger v. Daley (2000), where the Sixth Circuit affirmed encryption code as expressive speech 5. We encourage users to wield code, journalism, and expression boldly—hack the system, share the truth, but keep it legal.

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

We’re a content-neutral conduit, akin to a maverick ISP, claiming all federal immunities, including Section 230 of the Communications Decency Act (47 U.S.C. § 230) 2. We’re not liable for your actions, content, data, communications, or chaos on the Services. We don’t monitor, control, endorse, or take responsibility for user-generated content—you own that. We’re neither publisher nor distributor of your work. This immunity covers claims like defamation, IP infringement, privacy violations, or illegal acts, as seen in South Carolina’s M.P. v. Meta (2023), dismissing tort claims against platforms 2, and Ohio’s Hill v. StubHub, Inc. (2018), shielding ISPs from user actions 2.

Our hardware and infrastructure, located in Ohio, are protected under these ToS. Tampering or unauthorized access to our equipment will result in immediate termination and potential legal action—don’t test our resolve. As a free community service, the Services may be unreliable or subject to downtime without notice, as we focus on fostering knowledge over flawless performance.

4. Permitted Uses

Use the Services only for lawful, non-commercial purposes aligned with the ARDC EULA, such as ham radio activities, experimentation, education, and research. You must comply with all applicable federal, state, and local laws in your jurisdiction, as well as those governing our operations in South Carolina and Ohio. Embrace the spirit of learning and connectivity, but note the Services are free with no reliability guaranteed, and interruptions may occur without warning.

5. Prohibited Uses

In addition to ARDC EULA restrictions, you may not use the Services for:

  • Illegal activities under federal, state, or local laws in your jurisdiction or ours (South Carolina, Ohio).
  • Commercial purposes, selling, leasing, or monetizing without our written consent.
  • Violating others’ rights, including intellectual property infringement, harassment, or harm to minors.
  • Introducing malware, viruses, or engaging in disruptive acts like denial-of-service attacks.
  • Overloading, damaging, or impairing the Services or our equipment.

These boundaries align with First Amendment limits, as in Ohio’s Bey v. Rasawehr (2020) on speech restrictions 2 and South Carolina’s NAACP v. Kohn (2023) on data collection under free speech protections 2.

6. User Responsibilities and No Expectation of Privacy

You’re solely responsible for your use of the Services, including compliance with these ToS and all applicable laws in your jurisdiction, whether federal, state, or local, as well as those in South Carolina and Ohio, where we operate. You must provide accurate information upon request (e.g., contact details, intended uses) and promptly notify us of changes. Users are expected to uphold all jurisdictional and applicable laws governing their activities, ensuring compliance with the legal frameworks of their locality, including but not limited to federal regulations, state statutes, and local ordinances, in addition to the laws of South Carolina and Ohio where N0FUQ operates.

Privacy Notice and Data Reality: We collect no logs or personal data—our word is our bond, no corporate snooping here. But a word to the wise: if you’re not paying for a product, you’re often the product. Not with us—we’re not harvesting your data for profit. Still, there’s no expectation of privacy on the Services. Online activities leave digital footprints—metadata, traces, crumbs—that can be tracked or subpoenaed. Don’t use the Services for illegal activities; digital forensics are relentless, and we may comply with legal orders without notice. If you share access with “Sub-Users,” you’re liable for their actions unless they independently accept these ToS. Monitor them, report violations, and keep the community spirit alive. As a free service, unreliability is par for the course, with potential downtime and no advance warning.

7. Term and Termination

These ToS take effect upon your acceptance and continue until terminated. We may suspend or terminate your access at any time, with or without notice, for violations of these ToS or the ARDC EULA. Upon termination, cease using the Services—perhaps revert to smoke signals. Given the free nature of the Services, they may be discontinued or interrupted with minimal notice due to inherent unreliability.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available,” with no warranties—express, implied, or otherwise, including fitness for a particular purpose or non-infringement. We don’t guarantee uninterrupted, secure, or error-free operation. As a free community offering, we emphasize no reliability is implied or offered, and downtime may strike without warning, prioritizing the thrill of discovery over steadfast uptime.

9. Limitation of Liability

To the fullest extent permitted by law, we, our affiliates, and agents are not liable for any damages—direct, indirect, incidental, consequential, or punitive—arising from your use of the Services, even if warned. This aligns with Section 230 protections, as in South Carolina’s Doe v. Internet Brands, Inc. (2014) 2.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Provider, its officers, agents, and affiliates from claims, losses, or damages arising from your violation of these ToS, the ARDC EULA, or your use of the Services, including Sub-User actions, so we can keep the knowledge-sharing flame burning.

11. Governing Law and Jurisdiction

These ToS are governed by U.S. federal law and South Carolina law, without regard to conflict of law principles. Disputes must be resolved exclusively in South Carolina’s federal or state courts, and you waive objections to jurisdiction or venue. For Ohio-based hardware, federal preemption applies, drawing from Brandenburg v. Ohio (1969) 2.

12. Arbitration

Disputes arising from these ToS will be resolved through binding arbitration under the American Arbitration Association’s rules in South Carolina, applying federal and South Carolina law. By agreeing, you waive court litigation, opting for arbitration to keep disputes civil and focused on our shared quest for knowledge.

13. Miscellaneous

  • Severability: If a provision is invalid, the rest endure.
  • No Waiver: Failure to enforce doesn’t waive rights.
  • Assignment: You can’t assign these ToS without our consent; we can assign freely.
  • Force Majeure: No liability for delays beyond control.
  • Entire Agreement: These ToS, plus the ARDC EULA, form the complete agreement, infused with a dash of digital wit.

References

  • 2 U.S. Constitution, Amendment I.
  • 2 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).
  • 4 Key Cases:
    • Near v. Minnesota, 283 U.S. 697 (1931).
    • New York Times Co. v. Sullivan, 376 U.S. 254 (1964).
  • 0 Bernstein v. United States Department of Justice, 922 F. Supp. 1426 (N.D. Cal. 1996).
  • 5 Junger v. Daley, 209 F.3d 481 (6th Cir. 2000).
  • 2 Section 230 of the Communications Decency Act (47 U.S.C. § 230).

By using the Services, you confirm you’ve read, understood, and agree to these ToS. Questions? Reach out at Your Email/Contact. Let’s keep the digital campfire burning—reliability’s overrated!

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