Introduction
This Acceptable Use Policy ("AUP") sets forth the
principles that govern the use by customers of the systems,
and products provided by Server Concepts Incorporated ("Company").
The AUP has been created to promote the integrity, security,
reliability and privacy of Company's systems and networks.
Compliance
With Law
Customers shall not post, transmit, re-transmit or store material
on or through any of Company's system or products that: (i)
is in violation of any local, state, federal or non-United
States law or regulation; (ii) threatening, obscene, indecent
, defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons");
or (iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not
limited to, the installation or distribution of "pirated"
or other software products that are not appropriately licenses
for use by customer.
Prohibited
Uses of Company's Systems, and Products
This AUP identifies the actions that the Company considers
to be abusive, and thus, strictly prohibited. In addition
to the other requirements of this AUP, Customer may only use
the Company's systems, and products in a manner that, in the
Company's sole judgment, is consistent with the purposes of
such systems, and products. If a customer is unsure whether
a contemplated use or action is permitted under the AUP, the
customer should e-mail Company with a description of the proposed
use at policy@serverconcepts.com
for a determination as to whether the use is permissible under
this AUP. The examples identified in the subsections below
are non-exclusive and are provided, in part, for guidance
purposes.
The
following uses of Server Concepts' systems, and products as
described in subsections A through E are expressly prohibited:
A.
Prohibited Actions: General Conduct
- Transmitting
on or through any of Company's systems, , or products any
material that is, in Server Concepts' sole discretion, unlawful,
obscene, threatening, abusive, libelous, or hateful, or
encourages conduct that may constitute a criminal offense,
may give rise to civil liability, or otherwise may violate
any local, state, national or international law.
- Transmission,
distribution, or storage of any information, data or material
in violation of United States or state regulations or law,
or by the common law.
- Violations
of the rights of any Person protected by copyright, trade
secret, patent or other intellectual property or similar
laws or regulations.
- Actions
that restrict or inhibit any Person, whether a customer
of Server Concepts' or otherwise, in its use or enjoyment
of any of Server Concepts' systems, or products.
- Resale
of Server Concepts' and products, without the prior written
consent of Server Concepts.
- Deceptive
on-line marketing practices.
- Furnishing
false data on the signup form, contract, or online application,
including fraudulent use of credit card numbers (such conduct
is ground for immediate termination and may subject the
offender to civil or criminal liability).
- Transmission,
distribution or storage of any material related to hate
groups, animal cruelty, pornography, or racially discrimination.
B.
Prohibited Actions: System and Network Security
- Attempting
to circumvent user authentication or security of any host,
network, or account ("cracking"). This includes,
but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer
is not expressly authorized to access, or probing the security
of other networks (such as running a SATAN scan or similar
tool). Violations will be prosecuted under Federal law.
- Effecting
security breaches or disruptions of Internet communications.
Security breaches include, but are not limited to, accessing
data of which customer is not an intended recipient or logging
onto a server or account that customer is not expressly
authorized to access. For purposes of this section, "disruption"
includes, but is not limited to, port scans, ping floods,
packet spoofing, forged routing information, deliberate
attempts to overload a service, and attempts to "crash"
a host.
- Using
any program/script/command, or sending messages of any kind,
designed to interfere with a user's terminal session, by
any means, locally or by the Internet.
- Executing
any form of network monitoring which will intercept data
not intended for Customer.
C.
Prohibited Actions: E-Mail
- Harassment,
whether through language, frequency, or size of messages,
is prohibited.
- Sending
unsolicited mail messages, including the sending of "junk
mail", "SPAM" or other advertising material
to individuals who did not specifically request such material.
Customers are explicitly prohibited from sending unsolicited
bulk mail messages. This includes, but is not limited to,
bulk-mailing of commercial advertising, informational announcements,
and political tracts. Such material may only be sent to
those who have explicitly requested it. If a recipient asks
to stop receiving e-mail, the Customer must not send that
person any further e-mail. Server Concepts places a value of $10
per piece of "UCE" or Unsolicited Commercial E-mail
sent through a Server Concepts server. The sending of more than
30 pieces of UCE through a Server Concepts server will constitute
Felony Theft of in Kentucky.
- Creating
or forwarding "chain letters" or other "pyramid
schemes" of any type, whether or not the recipient
wishes to receive such mailings.
- Malicious
e-mail, including, but not limited to, "mailbombing"
(flooding a user or site with very large or numerous pieces
of e-mail).
- Unauthorized
use, or forging, or mail header information.
- Using
a Server Concepts or a customer account to collect replies to messages
sent from another provider.
- Use
of unsolicited e-mail originating from the Server Concepts network
or networks of other Internet Service Providers on behalf
of, or to advertise any service hosted by Server Concepts, or connected
via the Server Concepts network.
- Willful
failure to secure open SMTP ports so as to prevent the unauthorized
use of customer resources for the purposes of sending unsolicited
e-mail by a third party.
D.
Prohibited Actions: Usenet Newsgroups
- Positing
the same or similar messages to large numbers of Usenet
newsgroup ("Newsgroup spams or USENET spam").
- Posting
chain letters of any type.
- Posting
encoded binary files to newsgroups not specifically named
for that purpose.
- Cancellation
or superseding of posts other than your own, with the exception
of official newsgroup moderators performing their duties.
- Forging
of header information. This includes attempting to circumvent
the approval process for posting to a moderated newsgroup.
- Solicitations
of mail for any other e-mail address other than that of
the poster's account or service, with intent to harass or
to collect replies.
- Postings
that are in violation of the written charters or FAQ's for
those newsgroups.
- Posting
of Usenet articles from the Server Concepts network or networks
of other Internet Service Providers on behalf of, or to
advertise any service hosted by Server Concepts, or connected via
the Server Concepts network.
- Failure
to secure a news server so as to prevent the unauthorized
use of customer resources by a third party which may result
in Usenet posts which violate this policy.
- Advertisements
posted in newsgroups whose chargers/FAQ's explicitly prohibit
them. The poster of an advertisement or other information
is responsible for determining the etiquette of a given
newsgroup, prior to posting to it.
E.
Prohibited Actions: Individual Accounts (Dial-up Users Only)
- Utilizing
multiple logins, except as allowed by the Company. Shell
account users may not run program s that provide network
from their accounts, such as IRC or MUD servers.
- Attempting
to circumvent the 'idle daemon' or time charges accounting,
or attempts to run programs while not logged in by any method,
are prohibited.
- Consuming
excessive resources, including CPU time, memory, disk space,
and session time. The use of resource-intensive programs
which negatively impact other system users or the performance
of Company systems or networks is prohibited, and Company
staff may take action to limit or terminate such programs.
- Sharing
of passwords or accounts with others.
Complaint
and Enforcement
A.
Complaint
Complaints
regarding abusive conduct may be reported by FAX to (972)
458.0151, ATTN: Policy Violation
or by mail to:
Server
Concepts
5220 Spring Valley Rd.
Suite #30
Dallas, TX 75240
Complaints
will also be accepted via e-mail, so long as a valid return
address is included. Server Concepts must be able to independently
verify each instance of abuse, and so each complaint must
include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE,
INCLUDING ALL HEADERS. Please do NOT send excerpted parts
of a message; sending a copy of the entire message, including
headers, helps to prevent misunderstandings based on incomplete
information, or information used out of context. Full headers
demonstrate which pat h the message has taken, and enable
us to determine whether any part of the message has been
forged. This information is vital to our investigation.
We assure you we will investigate and take action against
anyone abusing our network.
B. Enforcement
Server Concepts
may, in its sole discretion, suspend or terminate a customer's
service for violation of any provision of this AUP at any
time and without warning. As a general matter, Server Concepts
attempts to work with customers to cure violations and to
ensure that there is no re-occurrence of the violation prior
to terminating service. Server Concepts Does reserve the right
to release information regarding policy violations to any
ISP requesting information about a suspended user. We will
co-operate to police our industry in efforts to avoid governmental
enforcement / interference.
Liability
In
no event will Server Concepts be liable to any customer or third
party for any direct, indirect, special or other consequential
damages for actions taken pursuant to this AUP, including,
but not limited to, any lost profits, business interruption,
loss of programs or other data, or otherwise, even if Server Concepts
was advised of the possibility of such damages.
Miscellaneous
A.
Modification of AUP
Company
retains the right to modify the AUP at any time and any
such modification shall be automatically effective as to
all customers when adopted by Company.
B.
Applicability of AUP
The
actions listed herein are also not permitted from other
Internet Service Providers. Deceptive marketing, as defined
by the Federal Trade commission Deception Policy Statement,
is not permitted through any of Server Concepts' or networks.
These rules apply to other types of Internet-based distribution
mediums as well, such as RLG's Ariel system (a system for
sending FAX-like documents over the Internet).
C.
Company Is Not Responsible For Content
Server Concepts
is not responsible for the content of any USENET posting,
whether or not the posting was made by a customer of the
Company. Server Concepts is not responsible for materials viewed
by under-age users using accessing the Internet through
a Server Concepts customer account. Server Concepts does provide access
to filtering software and HIGHLY recommends responsible
interactive/supervisory use of the Internet with your under-age
children.
D.
Removal of Materials
At
its sole discretion, Server Concepts reserves the right to remove
materials from its servers and to terminate internet access
to customers that Server Concepts determines have violated this
AUP. Server Concepts can remove or close an account without warning
if such violation is serious enough.
E.
Co-Operation with Authorities
Server Concepts
will co-operate with any Federal or local authorities in
the investigation of any and all child-pornography
cases or Federal law violation.
Information
requests can be sent to info@serverconcepts.com
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