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:

  1. Prohibited Actions: General Conduct
    1. 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.
    2. 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.
    3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
    4. 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.
    5. Resale of ECSIS.NET services and products, without the prior written consent of ECSIS.NET.
    6. Deceptive on-line marketing practices.
    7. 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).

  2. Prohibited Actions: System and Network Security
    1. 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).
    2. 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.
    3. 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.
    4. Executing any form of network monitoring which will intercept data not intended for Customer.

  3. Prohibited Actions: E-Mail
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. 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.
    3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
    4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
    5. Unauthorized use, or forging, of mail header information.
    6. Using an ECSIS.NET or customer account to collect replies to messages sent from another provider.
    7. 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.
    8. 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.

  4. Prohibited Actions: Usenet Newsgroups
    1. Positing the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spams or USENET spam").
    2. Posting chain letters of any type.
    3. Posting encoded binary files to newsgroups not specifically named for that purpose.
    4. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
    5. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
    6. 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.
    7. Postings that are in violation of the written charters or FAQ's for those newsgroups.
    8. 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.
    9. 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.
    10. 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.

  5. Prohibited Actions: Individual Accounts (Dial-up Users Only)
    1. 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.
    2. 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.
    3. 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.
    4. Sharing of passwords or accounts with others.
Complaint and Enforcement
  1. Complaint

  2.  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.
     
  3. Enforcement

  4. 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
  1. Modification of AUP

  2.  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.
     
  3. Applicability of AUP

  4. 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.
     
  5. ECSIS.NET Is Not Responsible For Content

  6.  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.
     
  7. Removal of Materials

  8.  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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Electronic Communication Systems
1295-A Highway 51 Bypass
Dyersburg, TN 38024
Phone: (731) 285-5936 Fax: (731) 285-2240