| ACCEPTABLE
USAGE POLICY (AUP)
Background
From
time to time Real Network Solutions (RNS) Internet may impose
reasonable rules and regulations regarding the use of its
services. Such rules and regulations are called Acceptable
Usage Policies (AUPs) and are posted on the Internet at http://www.realnets.com/solutions/aup.html.
The AUPs are not exhaustive and RNS reserves the right to
modify the AUPs at any time, effective upon either the posting
of the modified AUPs to http://www.realnets.com/solutions/aup.html
or notification of the modified AUPs. By registering for and
using the services, and thereby accepting the terms and conditions
of the Master Services 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 RNS deems appropriate.
An unlisted activity may also be a violation of the AUPs if
it is illegal, irresponsible, or disruptive use of the Internet
or RNS' network. No credits will be issued for any interruption
in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES
YOU RECEIVE FROM RNS. 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 RNS' POLICY TO TERMINATE SERVICE OF AND FINE REPEAT
INFRINGERS. RNS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE
AT ANY TIME.
Customer
Security Responsibilities
The customer is solely responsible for any breaches of security
affecting servers, routers, workstations or other systems
under customer control. If a customer's system is involved
in an attack on another network 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 server 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 $150 USD per hour. Enquiries regarding
security matters may be directed to RNS' Security Department.
Network
Responsibility
Customers
have a responsibility to use RNS' network responsibly. This
includes respecting the other customers of RNS. RNS reserves
the right to suspend and or cancel service with any Customer
who uses the RNS network in such a way that adversely effects
other RNS customers. This includes but is not limited to:
Attacking
or attempting to gain unauthorized access to servers and services
that belong to RNS or its customers (i.e. "hacking"
or "cracking"), and/or Participating in behavior
which result in reprisals that adversely effect the RNS network
or other customers' access to the RNS network.
RNS 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, "social
engineering" (tricking other people into releasing their
passwords), password theft, security hole scanning, port scanning,
etc. Any unauthorized use of accounts or computers by a RNS
customer, whether or not the attacked account or computer
belongs to RNS, will result in severe action taken against
the attacker. Possible actions include warnings, account suspension
or cancellation, fines, 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 RNS is
strictly prohibited.
System
and Network Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. RNS 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 ("sniffing") 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.
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 RNS.
Such labor is categorized as emergency security breach recovery
and is currently charged at $150 USD per hour required. Enquiries
regarding security matters may be directed to RNS' Security
Department at security@realnets.com. RNS 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, RNS urges its customers
to assume that all of their online communications are insecure.
RNS cannot take responsibility for the security of information
transmitted over RNS' facilities.
Password
Protection
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
RNS' service to guess passwords or to access other systems
or networks without authorization. RNS will fully cooperate
with law enforcement authorities in the detection and prosecution
of illegal activity.
Internet
Etiquette
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
RNS 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 children or is likely to result in retaliation against
RNS by offended users. RNS 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.
Lawful
Purpose
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 protected by trade secret and other statute
or dissemination of harmful or fraudulent content.
Using any RNS
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 RNS
services or products is prohibited. Using the RNS 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 RNS network are open to the public. You are solely
responsible for your usage of the RNS network and servers
and any statement you make on servers hosted within the RNS
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.
Copyright
Infringement - Software Piracy Policy
RNS'
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, 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 Millennium Copyright Act (the
"DMCA"), please send DMCA notifications of claimed
copyright infringements to: RNS Abuse Department, Real Network
Solutions, 6323 N. Avondale Suite 116, Chicago, Illinois 60631
or by email to abuse@realnets.com
Fraudulent
activity should be reported to the Internet Fraud Complain
Center.
RNS will cooperate
fully with any civil and/or criminal litigation arising from
the violation of this policy.
Child
Pornography on the Internet
RNS
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 RNS 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.
Commercial
Advertisements with E-Mail
RNS 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 RNS may not use
or permit others to use our network to transact in UCE. Customers
of RNS may not host, or permit hosting of, sites or information
that are advertised by UCE ("spamvertised") from
other networks. Violations of this policy carry severe penalties,
including termination of service and monetary fines.
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.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of
RNS 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 RNS network, it is advisable that Customers develop a
similar, or stricter, policy for their clients. Violation
of RNS's spam policy will result in severe penalties. Upon
notification of an alleged violation of our spam policy, RNS
will initiate an immediate investigation (within 48 hours
of notification). During the investigation, RNS may restrict
customer access to the network to prevent further violations.
If a customer is found to be in violation of our spam policy,
RNS may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, RNS reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. RNS will notify law enforcement
officials if the violation is believed to be a criminal offense.
For
further information on what RNS considers unsolicited e-mail,
see http://www.mail-abuse.org/isp/index.html
Violation of
RNS's spam policy may be reported to abuse@RNS.net.
IP
Addressing Policy
RNS
administers the network on which customer servers reside.
The customer cannot use IP addresses which were not assigned
to them by RNS 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.
Billing
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.
Suspension
RNS
reserves the right to suspend network access to any customer
if, in the judgment of the RNS 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 RNS 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
RNS
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 will be prorated
and paid by RNS if RNS 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.).
Indemnification
RNS
wishes to emphasize that in signing the Master Services Agreement
or its equivalent, customer indemnifies RNS for any violation
of the Master Services Agreement or its equivalent, law or
AUP that results in loss to RNS or the bringing of any claim
against RNS by any third-party. This means that if RNS is
sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
RNS, plus costs and reasonable attorney's fees.
Disclaimer
of Responsibility
RNS
is under no duty to look at each customer's or user's activities
to determine if a violation of the AUPs has occurred, nor
do we assume any responsibility through our AUPs to monitor
or police Internet-related activities. RNS 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 RNS 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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