eServers's Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what eServers expects of them while
using the service. All users of eServers's Internet services: those who access some
of our Services but do not have accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of eServers Service constitutes acceptance and agreement to eServers's AUP as
well as eServers's TOS (Terms of Service)
This Acceptable Use Policy applies to all persons and entities
(collectively, "customers") using the products and services of eServers
including Internet service. The policy
is designed to protect the security, integrity, reliability, and privacy of
both the eServers network and the products and services eServers offers
to its customers. eServers reserves the right to modify this policy at any
time, effective immediately upon posting of the modification. Your use
of eServers’s products and services constitutes your acceptance of the
Acceptable Use Policy in effect at the time of your use. You are solely
responsible for any and all acts and omissions that occur during or
relating to your use of the service, and you agree not to engage in any
unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
Posting, transmission, re-transmission, or storing material on
or through any of eServers’s products or services, if in the sole
judgment of eServers such posting, transmission,
re-transmission or storage is: (a) in violation of any local, state,
federal, or non-United States law or regulation (including rights
protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations); (b) threatening or
abusive; (c) obscene; (d) indecent; or (e) defamatory. Each
customer shall be responsible for determining what laws or
regulations are applicable to his or her use of the products and
services.
Installation or distribution of "pirated" or other software
products that are not appropriately licensed for use by
customer.
Resale of eServers’s products and services without the express
prior written consent of eServers (unless you are an authorized
wholesaler).
Deceptive marketing practices.
Actions that restrict or inhibit anyone - whether a customer of
eServers or otherwise - in his or her use or enjoyment of
eServers’s products and services, or that generate excessive
network traffic through the use of automated or manual
routines that are not related to ordinary personal or business
use of Internet services.
Introduction of malicious programs into the eServers network or
servers or other products and services of eServers (e.g., viruses,
trojan horses and worms).
Causing or attempting to cause security breaches or
disruptions of Internet communications. Examples of security
breaches include but are not limited to accessing data of
which the customer is not an intended recipient, or logging into
a server or account that the customer is not expressly
authorized to access. Examples of disruptions include but are
not limited to port scans, flood pings, packet spoofing and
forged routing information.
Executing any form of network monitoring that will intercept
data not intended for the customer.
Circumventing user authentication or security of any host,
network or account.
Interfering with or denying service to any user other than the
customer's host (e.g., denial of service attack).
Using any program/script/command, or sending messages of
any kind, designed to interfere with, or to disable a user's
terminal session.
Failing to comply with eServers’s procedures relating to the
activities of customers on Cogent-owned facilities.
Furnishing false or incorrect data on the order form contract
(electronic or paper) including fraudulent use of credit card
numbers or attempting to circumvent or alter the processes or
procedures to measure time, bandwidth utilization or other
methods to document "use" of eServers’s products or services.
Sending unsolicited mail messages, including the sending of
"junk mail" 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.g., E-mail
"spam").
Harassment, whether through language, frequency, or size of
messages.
Unauthorized use or forging of mail header information.
Solicitations of mail or any other E-mail address other than that
of the poster's account or service, with the intent to harass or
collect replies.
Creating or forwarding "chain letters" or other "pyramid
schemes" of any type.
Use of unsolicited E-mail originating from within the eServers
network or networks of other Internet Service Providers on
behalf of or to advertise any service hosted by eServers or
connected via the eServers network.
Exporting, re-exporting, or permitting downloads of any content
in violation of the export or import laws of the United States or
without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute
a waiver of the policy or of any other right or remedy. If any provision of
this policy is deemed unenforceable due to law or change in law, such
a provision shall be disregarded and the balance of the policy shall
remain in effect.
Abusable Resources
Upon notification of the existence of an abusable resource (e.g., open
news server, unsecured mail relay, or smurf amplifier), the customer
shall immediately take all necessary steps to avoid any further abuse
of such resource. Any abuse of an open resource that occurs after the
customer has received such notification shall be considered a
violation of this policy and enforced as such.
Enforcement
eServers may immediately suspend and/or terminate the customer's
service for violation of any provision of this policy upon verbal or written
notice, which notice may be provided by voicemail or E-mail. Prior to
suspension or termination, eServers attempts to work with our
customers to cure violations of this policy and ensure that there is no
re-occurrence; however, eServers reserves the right to suspend or
terminate based on a first offense.
Electronic Communications Privacy Act Notice
eServers makes no guarantee of confidentiality or privacy of any
information transmitted through or stored upon eServers technology,
and makes no guarantee that any other entity or group of users will be
included or excluded from eServers’s network. In addition, eServers may
periodically monitor transmissions over its network for maintenance,
service quality assurance or any other purpose permitted by the
Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
Questions?
If you are unsure of whether any contemplated use or action is
permitted, please contact eServers at abuse@eservers.biz. |
Friday 21st November 2008
