InteleNet's Acceptable Use Policy ("AUP") provides our customers and users with a description of the proper kinds of uses and prohibited uses of InteleNet's Services. In this AUP, "Service(s)" refers to access to InteleNet's network, equipment colocation or any other service provided to you directly or indirectly by InteleNet or any product provided to you in connection with those services and "InteleNet" refers to Intelenet Communications , together with any subsidiaries, parent companies or affiliates. All users of InteleNet's Services must comply with this AUP, including those who pay a fee to subscribe to any Service and those who access some of our Services but do not have accounts with InteleNet.
This AUP is not exhaustive and InteleNet reserves the right to modify this AUP at any time and in any manner, effective upon posting of the modified AUP.
BY USING THE SERVICES, YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN INTELENET'S AUP.
VIOLATION OF THIS AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM INTELENET OR OTHER ACTIONS AS DETAILED BELOW, WITHOUT PRIOR NOTICE, IN ACCORDANCE WITH THE TERMS OF THIS AUP AND ANY DATA CENTER OR SERVICES AGREEMENT YOU HAVE WITH INTELENET.
If you have any questions regarding the AUP, please contact us at support@intelenet.net.
1. YOUR RESPONSIBILITIES
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary web sites. However, InteleNet does provide the Services with the objectives to:
| • | Ensure reliable Service to our customers; |
| • | Ensure security and privacy of our systems and network, as well as the networks and systems of others; |
| • | Comply with existing laws; |
| • | Maintain our reputation as a responsible Service provider; |
| • | Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet Services; |
| • | Preserve the value of Internet resources as a conduit for free expression and exchange of information |
| • | Preserve the privacy and security of individual users. |
Because of this, InteleNet expects you, as a member of our network community, to use your Internet access and the Services responsibly, and to follow the generally accepted rules of good Internet etiquette. The categories listed below are intended merely to serve as guidelines for appropriate and inappropriate conduct. The list is not exhaustive and should not be interpreted as such.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE SERVICES AND FOR ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, NARRATIVE DESCRIPTIONS, GRAPHICS (INCLUDING PHOTOGRAPHS, ILLUSTRATIONS, IMAGES, DRAWINGS AND LOGOS), EXECUTABLE PROGRAMS, VIDEO RECORDINGS, AND AUDIO RECORDINGS.
InteleNet subscribers will be held responsible and accountable for any activity by third parties using their account that violates the Acceptable Use Policy.
2. ILLEGAL, FRAUDULENT, HARMFUL, INFRINGING OR OTHER OBJECTIONABLE USES
It is a violation of this AUP to use InteleNet’s Services to publish, distribute, sell, transmit, store or link to any material which InteleNet determines, at its sole discretion, to be unlawful, fraudulent, harmful, infringing, indecent or otherwise objectionable. The following non-exhaustive list details types of illegal or harmful conduct that are prohibited
| • | Illegal activity: InteleNet's Services may not be used for illegal purposes, or in support of illegal activities. InteleNet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. |
| • | Harm to Minors: Use of the InteleNet Service to harm, attempt to harm, or incite others to harm minors in any way, including, but not limited to activities, content or links to content that constitute or promote child pornography, is strictly prohibited. |
| • | Threats or Harassment: InteleNet's Services may not be used to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property or harasses another. |
| • | Fraudulent Activity: Use of InteleNet Service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is prohibited. The use of InteleNet's Services to perpetrate fraud of any kind is prohibited. |
| • | Forgery or Impersonation: Adding, removing or modifying identifying network header information (IP spoofing) in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. |
| • | Infringement of Copyright, Trademark, Patent, Trade Secret or Other Intellectual Property Rights: Use of the InteleNet Service to post, store or transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. |
| • | Collection of Personal Data: Use of the InteleNet Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited. |
| • | Distribution of Viruses/Worms: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are strictly prohibited. |
| • | Facilitating a Violation of this AUP: You are prohibited from advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate or facilitate a violation of this AUP. |
| • | Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using InteleNet Services is prohibited. |
| • | Defamatory Materials: It is forbidden to transmit, disseminate, sell, store or host material that is defamatory, libelous, or invasive of privacy rights. |
| • | IRC Networks: It is forbidden to host an IRC server that is part of or connected to another IRC network or server. |
| • | Export Control Violations: It is a violation of this AUP and prohibited conduct to export or post software or technical information, including encryption software, in violation of United States export laws. |
3. E-MAIL/SPAM ABUSES
The following constitute violations of this AUP:
| • | Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the InteleNet Service to transmit any or collect responses from unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Hosting websites or services that support spammers or cause any of InteleNet's IP space to be listed in any of the various Spam databases is also prohibited. |
| • | E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news is prohibited. |
| • | E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the InteleNet Service is in violation of this AUP. |
| • | Usenet SPAM: InteleNet prohibits the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. |
4. SYSTEM AND NETWORK SECURITY
You are responsible for any misuse of your account, even if a friend, family member, guest, employee or other person committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain authorized access to your account. In addition, you may not use your account or the Services to breach the security of InteleNet servers, systems or networks, or attempt to breach the security of the servers, systems or networks of a third party, whether or not the intrusion results in the corruption or loss of data. In this regard:
| • | Your password provides access to your account. It is your responsibility to keep your password secure. |
| • | Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. |
| • | Attempting to obtain another user's account password is strictly prohibited, and may result in termination of Service. |
| • | You must adopt adequate security measures to prevent or minimize unauthorized use of your account. It is your responsibility to ensure that your network is configured in a secure manner and you may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner. |
| • | You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of a system, server or network. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. |
| • | You may not attempt to interfere with or disrupt service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. |
| • | You may not monitor data or traffic on any network, server or system without express authorization of the owner of the system or network. |
| • | You may not, through action or inaction, allow others to use your network for illegal or inappropriate uses, and/or any other actions that violate this AUP. |
Users who violate systems or network security may incur criminal or civil liability. InteleNet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
5. NETWORK PERFORMANCE
InteleNet accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this AUP.
You may not use resource-intensive programs or operate your equipment in such a way that negatively impacts other customers or the performance of InteleNet systems or networks. This includes, but is not limited to, you ignoring possible virus infection of your equipment monitored by InteleNet or connected to InteleNet's system or networks, or other events or circumstances on your equipment monitored by InteleNet or connected to InteleNet's system or networks where such events or circumstances result in duplicative or excessive notifications to InteleNet's monitoring systems or otherwise negatively impact or threaten the performance of InteleNet's systems or networks. InteleNet reserves the right to terminate or limit such activities.
6. REPORTING VIOLATIONS OF THE AUP
InteleNet requests that anyone who believes that there is a violation of this AUP report the information to the Abuse Department at abuse@intelenet.net.
If available, please provide the following information:
| • | The IP address used to commit the alleged violation |
| • | The date and time of the alleged violation, including the time zone or offset from GMT |
| • | Evidence of the alleged violation |
| • | Available log output to support the reported incident |
E-mail with full header information will provide all of the above information. Other situations will require different methods of providing the above information.
7. IP ADDRESS ASSIGNMENTS AND USE
You may not use IP addresses which were not assigned to You by InteleNet unless InteleNet has expressly given consent to route such IP addresses for You. You may not send traffic on InteleNet's network to RFC1918-reserved address space or other address space that is marked as reserved (other than IP addresses which have been assigned to You) or non-publically routable.
8. ENFORCEMENT/COOPERATION
Generally, we do not routinely monitor the activity of accounts except for measurements of system utilization and for the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we may respond appropriately if we become aware of inappropriate use of our Services. We may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or may violate this AUP. In addition, we may take any one or more of the following actions, with or without notice:
| • | Issue written or verbal warnings |
| • | Suspend the customer's newsgroup posting privileges |
| • | Suspend the customer's account |
| • | Disconnect customer's server or network access |
| • | Terminate the customer's account |
| • | Bill the customer or user for administrative costs and/or reactivation charges |
| • | Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations |
| • | Take other appropriate action. |
We will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing and may refer potential violations of laws to the proper authorities. We assume no obligation to inform a customer or user that its information has been provided and, in some cases, may be prohibited by law from doing so.
Our failure to enforce this AUP shall not be construed as a waiver of our right to do so at any time.
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