Introduction
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of ATS Internet (the “Company”) governing the use by the customer (“Customer”) of the Company’s services and products (“Services and Products”). The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of Company’s web site management facility, network, and Customer data contained within. Company retains the right to modify the Acceptable Use Policy at any time and any such modification shall be automatically effective as to all customers when adopted by the Company. Questions or comments regarding the Acceptable Use Policy should be forwarded to the Company via e-mail: abuse@atsny.com.
Compliance With Law
Customer may not use the Services or Products for any activity that violates any international, federal, state, agency, or local law or regulation or any person’s rights, including, without limitation, by posting or transmitting child pornography or obscene material, engaging in fraudulent activity, exporting software or technical information in violation of U.S. export control laws, or by accessing, using, copying, modifying, transmitting, or downloading material in violation of the U.S. Copyright laws.
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (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”), (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 licensed for use by Customer or (iv) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise would violate the law. Customer shall not post, transmit, re-transmit material or data which contains a virus, worm, or other harmful software component. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Prohibited Uses of Services and Products
In addition to the other requirements of this Acceptable Use Policy, the Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
General:
•Resale of Services and Products, without the prior written consent of the Company.
•Deceptive on-line marketing practices.
•Violations of the rights of any Person 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 licensed for use by Customer.
•Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
•Sharing with others the e-mail or system password and user name of yourself or other users of the Services and Product.
System and Network:
•Introduction of malicious programs into the network or server (e.g., viruses and worms).
•Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient achieving or attempting to achieve any unauthorized access to any computer or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network. For purposes of this section, “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
•Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
•Circumventing user authentication or security of any host, network or account.
•Improperly interfering with inhibiting, degrading, restricting or denying service to any user other than the Customer’s host (for example, denial of service attack).
•Interfering with the Company’s ability to deliver the Service to its customers and to monitor the Service, backbone, network nodes and other network components by: (i) sending excessive data transfers; (ii) interrupting or interfering with the equipment, access, servers or access service used by other users or (iii) disrupting Company’s backbone network nodes or other network equipment;
•Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
•Creating an “active” full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method.
•Without the express permission and approval of the Company, running a server of any type or providing network or host services to others on a connection provided by the Company. Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, PROXY, DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, and re-mapping of ports for the purpose of operating a server on the network.
•Utilizing a Company-provided dial-up or dedicated access account for purposes for other than Internet access or facilitating connectivity to the Services and Products provided by the Company.
•Failing to comply with the Company’s procedure relating to the activities of customers on the Company’s premises.
Billing:
•Furnishing false or incorrect data on the order form, contract, online application, verbally or otherwise, including fraudulent use of credit card numbers.
•Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
•All hosting accounts are due and payable in advance. Acceptable means of payment include credit card, certified check, money order, or other payment methods as may be arranged with client. Should your account become in arrears, service will be suspended until the account has been brought into a current status. In the event of service termination, a fee of $60US shall be assessed to reactive customer’s account.
Mail:
•Sending unsolicited email messages, including the sending of “junk mail”, e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship (“E-mail spam”).
•Sending e-mail or other messages to someone who has indicated that he or she does not want to receive messages from you; or other harassment, whether through language, frequency or size of messages.
•Unauthorized use, or forging, of mail header information.
•Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
•Creating or forwarding “chain letters” or other “pyramid schemes” of any type (whether or not the recipient requests it).
•Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
•Collection or receipt of responses from unsolicited e-mail messages (even if such e-mail was sent from accounts on other Internet service providers or e-mail services) that violate the Service Agreement or this Acceptable Use Policy or the terms of use under the other Internet service provider or e-mail service from which it was sent.
•Harvesting e-mail addresses or other personal information of other Company customers or the customers of any other network service provider.
•Use of another organization’s mail server to relay mail without the express permission of the owner of that mail server.
Usenet Newsgroups:
•Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spams”).
•Posting of excessive numbers of identical or similar Emails to any number of Usenet newsgroups from the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
•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.
•Forging of header information.
•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.
•Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
Abusable Resources:
Upon notification of the existence of an abusable resource, for example, and without limitation, an open news server, an unsecured mail relay or a smurf amplifier, Customer shall immediately take all necessary steps to avoid any further abuse of such resource.
Any abuse of an open resource that occurs after Customer has received such notification shall be considered a violation of this Acceptable Use Policy and enforced as such.
Enforcement
The Company will attempt to work with the Customer to cure violations of the Acceptable Use Policy and to ensure that there is no re-occurrence of violations prior to suspension and/or termination. Notwithstanding such attempts, the Company may, at it’s discretion, immediately suspend and/or terminate the Customer’s service for violation of any provision of the Acceptable Use Policy upon verbal or written notice, which notice may be provided by voicemail or E-mail, U.S. Mail, or other means.