
ECSIS.NET Acceptable Use Policy
Introduction
This Acceptable Use Policy ("AUP") sets forth the principles that govern the use
by customers of the systems, services and products provided by ECSIS.NET.
This AUP has been created to promote the integrity, security, reliability
and privacy of ECSIS.NET's systems and networks.
Compliance With Law
Customers shall not post, transmit, re-transmit or store material on or through
any of ECSIS.NET's system services or products that: (i) is in violation
of any local, state, federal or International law or regulation; (ii) threatening,
obscene, indecent, defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons"); or (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.
Prohibited Uses of Systems, Services and Products
This AUP identifies the actions that ECSIS.NET considers to be abusive,
and thus, strictly prohibited. In addition to the other requirements of
this AUP, Customer may only use the ECSIS.NET's systems, services and products
in a manner that, in the ECSIS.NET's sole judgement, are consistent with
the purposes of such systems, services and products. If a customer is unsure
whether a contemplated use or action is permitted under the AUP, the customer
should e-mail ECSIS.NET with a description of the proposed use at policy@ecsis.net
for a determination as to whether the use is permissible under this AUP.
The examples identified in the subsections below are non-exclusive and
are provided, in part, for guidance purposes.
The following uses of ECSIS.NET's systems, services and products as
described in subsections A through E are expressly prohibited:
- Prohibited Actions: General Conduct
- Transmitting on or through any of ECSIS.NET's systems, services,
or products any material that is, in ECSIS.NET's sole discretion,
unlawful, obscene, threatening, abusive, libelous, or hateful, or
encourages conduct that may constitute a criminal offense, may give
rise to civil liability, or otherwise may violate any local, state,
national or international law.
- Transmission, distribution, or storage of any information, data
or material in violation of United States or state regulations or
law, or by the common law.
- Violations of the rights of any Person protected by copyright,
trade secret, patent or other intellectual property or similar laws
or regulations.
- Actions that restrict or inhibit any Person, whether a customer
of ECSIS.NET or otherwise, in its use or enjoyment of any of ECSIS.NET's
systems, services or products.
- Resale of ECSIS.NET services and products, without the prior written
consent of ECSIS.NET.
- Deceptive on-line marketing practices.
- Furnishing false data on the signup form, contract, or online application,
including fraudulent use of credit card numbers (such conduct is ground
for immediate termination and may subject the offender to civil or
criminal liability).
- Prohibited Actions: System and Network Security
- Attempting to circumvent user authentication or security of any
host, network, or account ("cracking/hacking"). This includes, but
is not limited to, accessing data not intended for the customer, logging
into a server or account the customer is not expressly authorized
to access, or probing the security of other networks (such as running
a SATAN scan or similar tool).
- Effecting security breaches or disruptions of Internet communications.
Security breaches include, but are not limited to, accessing data
of which customer is not an intended recipient or logging onto a server
or account that customer is not expressly authorized to access. For
purposes of this section, "disruption" includes, but is not limited
to, port scans, ping floods, packet spoofing, forged routing information,
deliberate attempts to overload a service, and attempts to "crash"
a host.
- Using any program/script/command, or sending messages of any kind,
designed to interfere with a user's terminal session, by any means,
locally or by the Internet.
- Executing any form of network monitoring which will intercept data
not intended for Customer.
- Prohibited Actions: E-Mail
- Harassment, whether through language, frequency, or size of messages,
is prohibited.
- Sending of unsolicited mail messages (USE, UCE), including the
sending of "junk mail", "spam", or other advertising material to individuals
who did not specifically request such material ("e-mail spam"). Customers
are explicitly prohibited from sending unsolicited bulk mail messages.
This includes, but is not limited to, bulk-mailing of commercial advertising,
informational announcements, and political tracts. Such material may
only be sent to those who have explicitly requested it. If a recipient
asks to stop receiving e-mail, the Customer must not send that person
any further e-mail.
- Creating or forwarding "chain letters" or other "pyramid schemes"
of any type, whether or not the recipient wishes to receive such mailings.
- Malicious e-mail, including, but not limited to, "mailbombing"
(flooding a user or site with very large or numerous pieces of e-mail).
- Unauthorized use, or forging, of mail header information.
- Using an ECSIS.NET or customer account to collect replies to messages
sent from another provider.
- Use of unsolicited e-mail originating from the ECSIS.NET network
or networks of other Internet Service Providers on behalf of, or to
advertise any service hosted by ECSIS.NET, or connected via the ECSIS.NET
network.
- Willful failure to secure open SMTP ports so as to prevent the
unauthorized use of customer resources for the purposes of sending
unsolicited e-mail by a third party.
- Prohibited Actions: Usenet Newsgroups
- Positing the same or similar messages to large numbers of Usenet
newsgroup ("Newsgroup spams or USENET spam").
- 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, with
the exception of official newsgroup moderators performing their duties.
- Forging of header information. This includes attempting to circumvent
the approval process for posting to a moderated newsgroup.
- 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.
- Postings that are in violation of the written charters or FAQ's
for those newsgroups.
- Posting of Usenet articles from the ECSIS.NET network or networks
of other Internet Service Providers on behalf of, or to advertise
any service hosted by ECSIS.NET, or connected via the ECSIS.NET network.
- Failure to secure a news server so as to prevent the unauthorized
use of customer resources by a third party which may result in Usenet
posts which violate this policy.
- Advertisements posted in newsgroups whose chargers/FAQ's explicitly
prohibit them. The poster of an advertisement or other information
is responsible for determining the etiquette of a given newsgroup,
prior to posting to it.
- Prohibited Actions: Individual Accounts
(Dial-up Users Only)
- Utilizing multiple logins, except as authorized by ECSIS.NET specific
service contract. Regular account users may not run program(s) or
connections that provide network services from their accounts, such
as IRC or MUD servers; multiple access to other, non-ECSIS.NET persons;
or WEB, access or hosting services (back-dooring) not explicitely
approved by ECSIS.NET service contract.
- Attempting to circumvent the 'idle daemon' or connect-time accounting,
attempts to run programs while not logged in by any method, or attempts
or programs designed to 'hold' a connection, while not actually present
and or using the service personally, are prohibited.
- Consuming excessive resources, including CPU time, memory, disk
space, and session time. The use of resource-intensive programs which
negatively impact other system users or the performance of ECSIS.NET
systems or networks is prohibited, and ECSIS.NET staff may take action
to limit or terminate such programs.
- Sharing of passwords or accounts with others.
Complaint and Enforcement
- Complaint
Complaints regarding abusive conduct or blocking
may be reported by
FAX to (731) 285-2240, ATTN: Policy Review Board,
or by 'snail' mail to:
ECSIS.NET
1295-A Highway 51 Bypass
Dyersburg, TN 38024
Complaints will also be accepted via e-mail, addressed to:
abuse@ecsis.net
as long as a valid return address is included. ECSIS.NET must be able
to independently verify each instance of abuse, therefore each complaint
must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING
ALL HEADERS. Please do NOT send excerpted parts of a message; sending
a copy of the entire message, including headers, helps to prevent misunderstandings
based on incomplete information, or information used out of context.
Full headers demonstrate which path the message has taken, and enables
us to determine whether any part of the message has been forged. This
information is vital to any investigation.
- Enforcement
ECSIS.NET may, in its sole discretion, suspend or terminate a
customer's service for violation of any of AUP at any time and without
warning. AS a general matter, ECSIS.NET attempts to work with customers
to cure violations and to ensure that there is no re-occurrence of the
violation prior to terminating service.
ECSIS.NET may, also at its sole discretion, block, or otherwise prevent
access from any other service(s) which repeatedly violates any
of the articles
of this AUP and, in our sole discretion, do not respond to efforts to
resolve such situation to the satisfaction of both ECSIS.NET and any
of our customers involved in such incidents (EG: receipt of USE/UCE/spam
mail from other domains). ECSIS.NET actively supports
anti-spam efforts and will employ both "RBL"
(Real-Time-Blacklists) and / or router blocks against
either individual IP addresses, domains, and/or
complete IP blocks to preserve the integrity of our
network for our customers and our own systems/servers.
Liability
In no event will ECSIS.NET be liable to any customer or third party for
any direct, indirect, special or other consequential damages for actions
taken pursuant to this AUP, including, but not limited to, any lost profits,
business interruption, loss of programs or other data, or otherwise, even
if ECSIS.NET was advised of the possibility of such damages.
Miscellaneous
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Modification of AUP
ECSIS.NET retains the right to modify this AUP at any time and
any such modification shall be automatically effective as to all customers
when adopted by ECSIS.NET.
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Applicability of AUP
The actions listed herein are also not permitted from other Internet
Service Providers. Deceptive marketing, as defined by the Federal Trade
commission Deception Policy Statement, is not permitted through the ECSIS.NET
services or network. These rules apply to other types of Internet-based
distribution mediums as well.
ECSIS.NET maintains its own "block" list (local
Real-Time-Blacklist (RBL)) of sites/IP addresses that violate this
AUP and may at its discretion block repeat or persistent violator
sites/IP addresses at its backbone (router) connection(s) to prevent
further abuse of our internal or customer systems.
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ECSIS.NET Is Not Responsible For Content
ECSIS.NET is not responsible for the content of any email, USENET
posting, or WEB page(s) whether or not the posting/material was made by
a customer of the ECSIS.NET.
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Removal of Materials
At its sole discretion, ECSIS.NET reserves the right to remove
materials from its servers and to terminate internet access to customers
that ECSIS.NET determines have violated this AUP.
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