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Acceptable Use Policy
As a provider of Internet access, web site hosting, and other Internet-related
services, Full Service Data Networks offers its customers (also known as
subscribers), and their customers and users, the means to acquire and
disseminate a wealth of public, private, commercial, and non-commercial
information. Full Service Data Networks respects that the Internet provides a
forum for free and open discussion and dissemination of information, however,
when there are competing interests at issue, Full Service Data Networks reserves
the right to take certain preventative or corrective actions. In order to
protect these competing interests, Full Service Data Networks has developed an
Acceptable Use Policy ("AUP"), which supplements and explains certain
terms of each customer's respective service agreement and is intended as a guide
to the customer's rights and obligations when utilizing Full Service Data Networks's
services. This AUP will be revised from time to time. A customer's use of Full Service Data Networks's
services after changes to the AUP are posted on Full Service Data Networks's web
site, www.verio.com, will constitute the customer's acceptance of any new or
additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it.
This fact accounts for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of those who use the
Internet, both in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through the Internet,
they must keep in mind that Full Service Data Networks cannot monitor, verify,
warrant, or vouch for the accuracy and quality of the information that
subscribers may acquire. For this reason, the subscriber must exercise his or
her best judgment in relying on information obtained from the Internet, and also
should be aware that some material posted to the Internet is sexually explicit
or otherwise offensive. Because Full Service Data Networks cannot monitor or
censor the Internet, and will not attempt to do so, Full Service Data Networks
cannot accept any responsibility for injury to its subscribers that results from
inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must
keep in mind that Full Service Data Networks does not review, edit, censor, or
take responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other authors
for copyright infringement, defamation, and other harmful speech. Also, because
the information they create is carried over Full Service Data Networks's network
and may reach a large number of people, including both subscribers and
nonsubscribers of Full Service Data Networks, subscribers' postings to the
Internet may affect other subscribers and may harm Full Service Data Networks's
goodwill, business reputation, and operations. For these reasons, subscribers
violate Full Service Data Networks policy and the service agreement when they,
their customers, affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward Full Service Data Networks, but
also because it can overload Full Service Data Networks's network and disrupt
service to Full Service Data Networks subscribers. Also, maintaining an open
SMTP relay is prohibited. When a complaint is received, Full Service Data Networks
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. Full Service Data Networks
is required by law to remove or block access to customer content upon receipt of
a proper notice of copyright infringement. It is also Full Service Data Networks's
policy to terminate the privileges of customers who commit repeat violations of
copyright laws.
Obscene Speech or Materials -- Using Full Service Data Networks's network to
advertise, transmit, store, post, display, or otherwise make available child
pornography or obscene speech or material. Full Service Data Networks is
required by law to notify law enforcement agencies when it becomes aware of the
presence of child pornography on or being transmitted through Full Service Data Networks's
network.
Defamatory or Abusive Language -- Using Full Service Data Networks'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.
Usenet Groups -- Full Service Data Networks 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 Full Service Data Networks
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. Full Service Data Networks
will not, as an ordinary practice, monitor the communications of its subscribers
to ensure that they comply with Full Service Data Networks policy or applicable
law. When Full Service Data Networks 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.
Full Service Data Networks also is aware that many of its subscribers are,
themselves, providers of Internet services, and that information reaching Full Service Data Networks's
facilities from those subscribers may have originated from a customer of the
subscriber or from another third-party. Full Service Data Networks does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. Full Service Data Networks
has the right to directly take action against a customer of a subscriber. Also, Full Service Data Networks
may take action against the Full Service Data Networks subscriber because of
activities of a customer of the subscriber, even though the action may effect
other customers of the subscriber. Similarly, Full Service Data Networks
anticipates that subscribers who offer Internet services will cooperate with Full Service Data Networks
in any corrective or preventive action that Full Service Data Networks deems
necessary. Failure to cooperate with such corrective or preventive measures is a
violation of Full Service Data Networks policy.
Full Service Data Networks 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, Full Service Data Networks urges its subscribers
to assume that all of their on-line communications are insecure. Full Service Data Networks
cannot take any responsibility for the security of information transmitted over Full Service Data Networks's
facilities.
Full Service Data Networks 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. Full Service Data Networks
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Full Service Data Networks 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. Full Service Data Networks 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, Full Service Data Networks may disclose subscriber information or
information transmitted over its network where necessary to protect Full Service Data Networks
and others from harm, or where such disclosure is necessary to the proper
operation of the system.
Full Service Data Networks 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 Full Service Data Networks policy. Finally, Full Service Data Networks
wishes to emphasize that in signing the service agreement, subscribers indemnify
Full Service Data Networks for any violation of the service agreement, law, or Full Service Data Networks
policy, that results in loss to Full Service Data Networks or the bringing of
any claim against Full Service Data Networks by any third-party. This means that
if Full Service Data Networks is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against Full Service Data Networks,
plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including Full Service Data Networks and its subscribers, as responsible members
of the Internet. Any complaints about a subscriber's violation of this AUP
should be sent to abuse@fsdatanet.net
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