ELEMENT9 ACCEPTABLE USE POLICY (AUP)
Element9 Communications LLC (“Element9”) Acceptable Use
Policy (AUP) is designed to provide a clear understanding of the
rules, regulations and restrictions regarding the use of Element9's
services. From time to time Element9 may impose reasonable rules
and regulations regarding the use of its services. The AUPs are
not exhaustive and Element9 reserves the right to modify the AUPs
at any time, effective upon either the posting of the modified AUPs
to www.element9.net or notification of the modified AUPs.
By registering for and using the services, and thereby accepting
the terms and conditions of the Terms of Service Agreement or its
equivalent, you agree to abide by the AUPs as modified from time
to time. Any violation of the AUPs may result in the suspension
or termination of your account or such other action as Element9
deems appropriate. An unlisted activity may also be a violation
of the AUPs if it is illegal, irresponsible, or disruptive use of
the Internet. No credits will be issued for any interruption in
service resulting from policy violations.
Any server found with any of the software packages above (in part, or
in full, whether installed, archived, or in source code form) will have
their account suspended immediately.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE
FROM ELEMENT9. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR
YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY,
UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME
PAGES, AND DOMAIN NAMES. IT IS ELEMENT9'S POLICY TO TERMINATE REPEAT
INFRINGERS. ELEMENT9 RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE
AT ANY TIME FOR ANY REASON.
Customer Security Responsibilities The customer is solely responsible
for any breaches of security affecting accounts under customer control
(including the servers those accounts reside on). If a customer's
account is involved in an attack on another server or system, it
will be shut down and an immediate investigation will be launched
to determine the cause/source of the attack. In such event, the
customer is responsible for the cost to rectify any damage done
to the customer's account, the server it resides on, and any other
requirement affected by the security breach. The labor used to rectify
any such damage is categorized as emergency security breach recovery
and is currently charged at $195 USD per hour. Enquiries regarding
security matters may be directed to firstname.lastname@example.org
System And Network Security Violations of system or network security
are prohibited, and may result in criminal and civil liability.
Element9 may investigate incidents involving such violations and
may involve and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or network security violations
include, without limitation, the following: Unauthorized access
to or use of data, systems or networks, including any attempt to
probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without express authorization
of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system
without express authorization of the owner of the system or network.
Interference with service to any user, host or network including,
without limitation, mailbombing, 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 e-mail or a newsgroup
posting. High-risk services, which are services which tend to attract
denial of service attacks, are strictly prohibited. This includes,
but is not limited to, IRC related services and selling the use
of shell accounts. Violators of the policy are responsible, without
limitations, for the cost of labor to clean up and correct any damage
done to the operation of the network and business operations supported
by the network, and to respond to complaints incurred by Element9.
Such labor is categorized as emergency security breach recovery
and is currently charged at $195 USD per hour required. Enquiries
regarding security matters may be directed to email@example.com.
Element9 is concerned with the privacy of online communications
and web sites. In general, the Internet is neither more nor less
secure than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence , however, Element9
urges its customers to assume that all of their online communications
are insecure. Element9 cannot take responsibility for the security
of information transmitted over Element9's facilities.
The customer is responsible for protecting customer's password and
for any authorized or unauthorized use made of customer's password.
The customer will not use or permit anyone to use Element9's service
to guess passwords or to access other systems or networks without
authorization. Element9 will fully cooperate with law enforcement
authorities in the detection and prosecution of illegal activity.
Customers are responsible for maintaining their contact information
either in the ticketing system or via email, such that the email
address is always reachable even in the event of their Element9
servers being shut down.
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The customer will comply with the
rules appropriate to any network to which Element9 may provide access.
The customer should not post, transmit, or permit Internet access
to information the customer desires to keep confidential. The customer
is not permitted to post any material that is illegal, libelous,
tortuous, indecently depicts anyone under the age of 18 or is likely
to result in retaliation against Element9 by offended users. Element9
reserves the right to refuse or terminate service at any time for
violation of this section. This includes advertising services or
sites via IRC or USENET in clear violation of the policies of the
IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Element9 network may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of United States or state regulation or law, or by the
common law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, material
used to circumvent protection schema, or other intellectual property
rights. Making unauthorized copies of software is a violation of
the law, no matter how many copies you are making. If you copy,
distribute or install the software in ways that the license does
not allow, you are violating federal copyright law. If caught with
pirated software, you or your company may be liable under both civil
and criminal law, and you may be fined up to $250,000 and/or receive
up to 5 years in jail. In compliance with the Digital Millenium
Copyright Act (the "DMCA"), please send DMCA notifications
of claimed copyright infringements to firstname.lastname@example.org. Element9
will cooperate fully with any civil and/or criminal litigation arising
from the violation of this policy.
Network Responsibility: Customers have a responsibility
to use the Element9 network responsibly. This includes respecting
the other customers of Element9. Element9 reserves the right to
suspend and or cancel service with any Customer who uses the Element9
network in such a way that adversely affects other Element9 customers.
This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and
services that belong to Element9 or its customers (i.e. computer
Participating in behavior which result in reprisals that adversely
effect the Element9 network or other customers' access to the Element9
Element9 will react strongly to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include, but are not limited to, "Internet Scanning" (tricking
other people into releasing their passwords), password robbery,
security hole scanning, port scanning, etc. Any unauthorized use
of accounts or computers by a Element9 customer, whether or not
the attacked account or computer belongs to Element9, will result
in severe action taken against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack. Any attempt
to undermine or cause harm to a server, or customer, of Element9
is strictly prohibited.
Violations of this policy may be reported directly to the FBI's
Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
Element9 will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any applicable law, regulation, or AUP is prohibited.
This includes, but is not limited to:
copyrighted material or
material used to circumvent protection schema or
material protected by trade secret and other statute or
dissemination of harmful or fradulent content.
Using any Element9 service or product for the purpose of participating
in any activity dealing with subject matters that are prohibited
under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse,
or a violation of federal export restriction in connection with
use of Element9 services or products is prohibited. Using the Element9
network to solicit the performance of any illegal activity is also
prohibited, even if the activity itself is not performed. In addition,
knowingly receiving or downloading a file that cannot be legally
distributed, even without the act of distribution, is prohibited.
Servers hosted within Element9 network are open to the public. You
are solely responsible for your usage of the Element9 network and
servers and any statement you make on servers hosted within the
Element9 network may be deemed "publication" of the information
entered. Acknowledging the foregoing, you specifically agree not
to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. Element9 will
cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of their clients
over the Element9 network, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation
that shows a person who is or is depicted as being under the age
of eighteen years and is engaged in or is depicted as engaged in
explicit sexual activity, or the dominant characteristic of which
is the depiction, for a sexual purpose, of a sexual organ or the
anal region of a person under the age of eighteen years or any written
material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S.
Customs Agency at 1-800-BEALERT
Adult Content on the Internet
Element9 will provide notification and will inform any customers
in writing of improper materials on our servers. However, Element9
reserves the right to disconnect any customers immediately.
Commercial Advertisements with E-mail
Element9 takes a zero tolerance approach to the sending of Unsolicited
Commercial E-mail (UCE) or SPAM over our network. Very simply, this
means that customers of Element9 may not use or permit others to
use our network to transact in UCE. Customers of Element9 may not
host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic. This includes
both commercial advertisements and informational messages sent to
recipients via electronic mail (email) as well as off-topic messages
posted in Usenet discussion groups where the recipient has not requested
or invited the message. Mailing lists must be true opt-in mailing
lists. Before sending any email to a listed user, a confirmation
email, with a tracking number, must be sent to the new subscriber,
to which they must respond with a confirmation that they wish to
be added to the list. You must keep these confirmations on file,
so that in the case that a spam complaint is made against you, you
have proof that the user did indeed opt-in. In addition, you must
provide at least one easy way to opt out; see the MAPS guidelines
(http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests
must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Element9 are strictly prohibited from using or permitting
others to use UCE or SPAM over our network. As our Customers are
ultimately responsible for the actions of their clients over the
Element9 network, it is advisable that Customers develop a similar,
or stricter, policy for their clients.
Violation of Element9's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Element9
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, Element9 may restrict customer access
to the network to prevent further violations. If a customer is found
to be in violation of our SPAM policy, Element9 may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
Element9 reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
Element9 will notify law enforcement officials if the violation
is believed to be a criminal offense.
Violation of Element9's SPAM policy may be reported to email@example.com.
IP Address Overlap
Element9 administers the network on which customer accounts and
servers reside. The customer cannot use IP addresses which were
not assigned to them by Element9 staff. Any server found using IPs
which were not officially assigned will be suspended from network
access until such time as the IP addresses overlap can be corrected.
Element9 does not allow the use of IRC on the Element9 network.
This includes, but is not limited to, the use of IRC clients, server
software, bots or anything related to IRC. Violators' servers will
UPDATED 4/18/2005: Banned Software Packages
Element9, for purposes of establishing the highest standards of
security on our servers, does not allow any of the following software
packages on any company server:
The customer understands that the customer is responsible for paying
for any network resources that are used to connect the customer's
server to the Internet. The customer may request that the customer's
server be disconnected from the Internet, but the customer will
still be responsible for paying for any network resources used up
to the point of suspension or cancellation.
Element9 reserves the right to suspend network access to any customer
if, in the judgment of the Element9 network administrators, the
customer's server is the source or target of the violation of any
of the other terms of the AUPs or for any other reason which Element9
chooses. If inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacting regarding the
activity. The customer will not be credited for the time the customer's
machines were suspended. The Customer will be credited on a prorated
basis based on the monthly fees the Customer pays for the servers
that are suspended for the time the Customer's machines were suspended.
Cancellation Element9 reserves the right to cancel service at any
time. If inappropriate activity is detected, all accounts of the
customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacting regarding the
activity. All fees paid in advance of cancellation are non-refundable
if Element9 institutes its right of cancellation. Any violation
of policies which results in extra costs will be billed to the customer
(i.e. transfer, space etc.).
Element9 wishes to emphasize that in accepting the Terms of Services
Agreement or its equivalent, customer indemnifies Element9 for any
violation of the Terms of Sevice or its equivalent, law or AUP that
results in loss to Element9 or the bringing of any claim against
Element9 by any third-party. This means that if Element9 is sued
because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against Element9, plus
costs and reasonable attorney's fees.
Disclaimer of Responsibility
Element9 is under no duty to look at each customer's or user's activities
to determine if a violation of the AUPs has occured, nor do we assume
any responsibility through our AUPs to monitor or police Internet-related
activities. Element9 disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person's
or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Element9 must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED
VIOLATIONS OF THESE AUPs BY YOU.
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