Spamming
-- A spam email is defined as an unsolicited,
bulk and/or commercial message sent over the
Internet from any of the servers hosted on
our network or from any server on the
Internet, that has links or references to a
website hosted on NPI's network. It is not
only harmful because of its negative impact
on consumer attitudes toward NPI, but also
because it can overload NPI's network and
disrupt service to NPI subscribers. Also,
maintaining an open SMTP relay is prohibited.
When a complaint is received, NPI has the
discretion to determine from all of the
evidence whether the email recipients were
from an "opt-in" email list.
Intellectual Property Violations --
Engaging in any activity that infringes or
misappropriates the intellectual property
rights of others, including copyrights,
trademarks, service marks, trade secrets,
software piracy, and patents held by
individuals, corporations, or other entities.
Also, engaging in activity that violates
privacy, publicity, or other personal rights
of others. NPI is required by law to remove
or block access to customer content upon
receipt of a proper notice of copyright
infringement. It is also NPI's policy to
terminate the privileges of customers who
commit repeat violations of copyright laws.
Obscene
Speech or Materials -- Using NPI's
network to advertise, transmit, store, post,
display, or otherwise make available child
pornography or obscene speech or material.
NPI is required by law to notify law
enforcement agencies when it becomes aware of
the presence of child pornography on or being
transmitted through NPI's network.
Defamatory or Abusive Language -- Using
NPI's network as a means to transmit or post
defamatory, harassing, abusive, or
threatening language.
Forging of Headers -- Forging or
misrepresenting message headers, whether in
whole or in part, to mask the originator of
the message.
Illegal
or Unauthorized Access to Other Computers or
Networks -- Accessing illegally or
without authorization computers, accounts, or
networks belonging to another party, or
attempting to penetrate security measures of
another individual's system (often known as
"hacking"). Also, any activity that might be
used as a precursor to an attempted system
penetration (i.e. port scan, stealth scan, or
other information gathering activity).
Distribution of Internet Viruses, Worms,
Trojan Horses, or Other Destructive
Activities -- Distributing information
regarding the creation of and sending
Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or denial of
service attacks. Also, activities that
disrupt the use of or interfere with the
ability of others to effectively use the
network or any connected network, system,
service, or equipment.
Facilitating a Violation of this AUP --
Advertising, transmitting, or otherwise
making available any software, program,
product, or service that is designed to
violate this AUP, which includes the
facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software.
Export
Control Violations -- Exporting
encryption software over the Internet or
otherwise, to points outside the United
States or Canada.
Usenet Groups -- NPI reserves the right not
to accept postings from newsgroups where we
have actual knowledge that the content of the
newsgroup violates the AUP.
Other
Illegal Activities -- Engaging in
activities that are determined to be illegal,
including advertising, transmitting, or
otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit
cards, and pirating software.
Other
Activities -- Engaging in activities,
whether lawful or unlawful, that NPI
determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer
relations.
As we have
pointed out, the responsibility for avoiding
the harmful activities just described rests
primarily with the subscriber. NPI will not,
as an ordinary practice, monitor the
communications of its subscribers to ensure
that they comply with NPI policy or
applicable law. When NPI becomes aware of
harmful activities, however, it may take any
action to stop the harmful activity,
including but not limited to, removing
information, shutting down a web site,
implementing screening software designed to
block offending transmissions, denying access
to the Internet, or take any other action it
deems appropriate.
NPI also is
aware that many of its subscribers are,
themselves, providers of Internet services,
and that information reaching NPI's
facilities from those subscribers may have
originated from a customer of the subscriber
or from another third-party. NPI does not
require its subscribers who offer Internet
services to monitor or censor transmissions
or web sites created by customers of its
subscribers. NPI has the right to directly
take action against a customer of a
subscriber. Also, NPI may take action against
the NPI subscriber because of activities of a
customer of the subscriber, even though the
action may effect other customers of the
subscriber. Similarly, NPI anticipates that
subscribers who offer Internet services will
cooperate with NPI in any corrective or
preventive action that NPI deems necessary.
Failure to cooperate with such corrective or
preventive measures is a violation of NPI
policy.
NPI also is
concerned with the privacy of on-line
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, NPI urges its subscribers to assume
that all of their on-line communications are
insecure. NPI cannot take any responsibility
for the security of information transmitted
over NPI's facilities.
NPI will not
intentionally monitor private electronic mail
messages sent or received by its subscribers
unless required to do so by law, governmental
authority, or when public safety is at stake.
NPI may, however, monitor its service
electronically to determine that its
facilities are operating satisfactorily.
Also, NPI may disclose information, including
but not limited to, information concerning a
subscriber, a transmission made using our
network, or a web site, in order to comply
with a court order, subpoena, summons,
discovery request, warrant, statute,
regulation, or governmental request. NPI
assumes no obligation to inform the
subscriber that subscriber information has
been provided and in some cases may be
prohibited by law from giving such notice.
Finally, NPI may disclose subscriber
information or information transmitted over
its network where necessary to protect NPI
and others from harm, or where such
disclosure is necessary to the proper
operation of the system.
NPI expects
that its subscribers who provide Internet
services to others will comply fully with all
applicable laws concerning the privacy of
on-line communications. A subscriber's
failure to comply with those laws will
violate NPI policy. Finally, NPI wishes to
emphasize that in signing the service
agreement, subscribers indemnify NPI for any
violation of the service agreement, law, or
NPI policy, that results in loss to NPI or
the bringing of any claim against NPI by any
third-party. This means that if NPI is sued
because of a subscriber's or customer of a
subscriber's activity, the subscriber will
pay any damages awarded against NPI, plus
costs and reasonable attorneys' fees.
We hope this
AUP is helpful in clarifying the obligations
of Internet users, including NPI and its
subscribers, as responsible members of the
Internet. Any complaints about a subscriber's
violation of this AUP should be sent to
abuse@netprevia.net
Last
Modified August 10, 2002
Net Previa Inc. |