Addendum 1: Acceptable Use Policy (AUP)
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From time to time Simply Bits may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUP). The AUPs are not exhaustive and Simply Bits reserves the right to modify the AUPs at any time. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Simply Bits deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for an interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SIMPLY BITS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS SIMPLY BITS'S POLICY TO TERMINATE REPEAT INFRINGERS. SIMPLY BITS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting equipment under customer control. If a customer's network is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to Simply Bits.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Simply Bits may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Simply Bits. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Enquiries regarding security matters may be directed to email@example.com.
Simply Bits is concerned with the privacy of online 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, Simply Bits urges its customers to assume that all of their online communications are insecure. Simply Bits cannot take responsibility for the security of information transmitted over Simply Bits's facilities.
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Simply Bits' service to guess passwords or to access other systems or networks without authorization. Simply Bits will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Simply Bits may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Simply Bits by offended users. Simply Bits reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Simply Bits network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: NOC, Simply Bits NOC, 5225 N. Sabino Canyon Road, Tucson, AZ 85750 or by e-mail to firstname.lastname@example.org. Simply Bits will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Customers have a responsibility to use the Simply Bits network responsibly. This includes respecting the other customers of Simply Bits. Simply Bits reserves the right to suspend and or cancel service with any Customer who uses the Simply Bits network in such a way that adversely affects other Simply Bits customers. This includes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to Simply Bits or its customers (i.e., computer hacking), and/or participating in behavior which results in reprisals that adversely affect the Simply Bits network or other customers' access to the Simply Bits network. Simply Bits will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Simply Bits customer, whether or not the attacked account or computer belongs to Simply Bits, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Simply Bits is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Simply Bits will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content. Using any Simply Bits service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Simply Bits services or products is prohibited. Using the Simply Bits network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Simply Bits network are open to the public. You are solely responsible for your usage of the Simply Bits network and servers and any statement you make on servers hosted within the Simply Bits network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Simply Bits will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Simply Bits network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.
Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)
Unsolicited commercial email (UCE) is defined by Simply Bits as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by Simply Bits as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) to multiple recipients who have not agreed to receive such communication.
Use of the Simply Bits network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. Simply Bits also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, Simply Bits customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the Simply Bits network or in one of our data centers. Violations of this type may result in the termination of the offending Simply Bits account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a Simply Bits customer shall be deemed a violation of the AUP by such Simply Bits customer.
Customers whose actions directly or indirectly result in Simply Bits IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if Simply Bits in its sole discretion determines that a customer is in violation of our AUP, Simply Bits may, at its sole discretion, restrict, suspend or terminate a customer's account. Simply Bits will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the Simply Bits AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network.
Customers that Simply Bits determines in its sole discretion to be in violation of the Simply Bits AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.
Violation of Simply Bits's UCE/UBE policy may be reported to email@example.com.
Guidelines for Permission-Based Email
While Simply Bits prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Simply Bits customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Simply Bits from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:
- All commercial or bulk email originating from a Simply Bits customer on the Simply Bits network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
- All commercial or bulk email originating from a Simply Bits customer on the Simply Bits network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.
- All Simply Bits customers sending commercial or bulk email must have a working firstname.lastname@example.org address from EVERY domain associated with the email campaign. Customers must regularly answer any messages sent to the abuse@ address.
- All Simply Bits customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
- All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example: "You opted-in to receive this email promotion from our web site or from one of our partner sites."
- All Simply Bits customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date and time from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
"If you would like to learn more about how we received your email address, please contact us at email@example.com."
Requests for "opt-in" information must be responded to within 72 hours.
- All Simply Bits customers sending commercial or bulk email must be able to track and identify complainants. There are several software packages (such as RoboMail) that can help accomplish this.
- If a Simply Bits customer is using an affiliate program to send commercial or bulk email through the Simply Bits network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.
- All customers of Simply Bits are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Simply Bits network.
- Simply Bits reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
- Simply Bits reserves the right to determine in its sole discretion the validity of any customer's email list. Any list Simply Bits determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
- Simply Bits reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at Simply Bits.
- If Simply Bits determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then Simply Bits may immediately suspend or terminate the customer's service.
IP Address Overlap
Simply Bits administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Simply Bits staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Simply Bits allows the use of IRC inside the Simply Bits network as long as the use of IRC on a Simply Bits server does not violate any of the other terms of this AUP. As a policy, Simply Bits will not provide vanity IRC reverse DNS records. To enforce this policy Simply Bits does not turn the reverse address of IPs over to the customer. Authority over this information remains with Simply Bits.
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's network to the Internet. The customer may request that the customer's network be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
If Simply Bits in its sole discretion determines that a customer's network has become the source or target of any violation concerning the Simply Bits Acceptable Use Policy (AUP), Simply Bits reserves the right to suspend network access to that customer. While Simply Bits will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, Simply Bits will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their network before, during and after the suspension period.
Simply Bits reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Simply Bits if Simply Bits institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Disclaimer of Responsibility
Simply Bits is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Simply Bits disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Simply Bits must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Additional Provisions Applicable to Apartment Tenant Users
In order to connect to and use the service, a tenant of an apartment complex must provide and maintain all computer, equipment, cables, software and other necessary hardware ("Components"). Should either Simply Bits or the apartment complex determine that any Component impairs the use of the service, or poses a hazard thereto, the tenant shall, upon notice and at tenants' expense, remove or correct the Component.
Permitted Uses - Residential
A tenant may permit other occupants of tenant's apartment to use the tenant's service, provided that each occupant abides by the terms of this AUP. By permitting other occupants to use the service, the tenant assumes all risks and liability resulting from their use. THE TENANT IS STRICTLY LIABLE FOR ALL ACTIVITY PERFORMED THROUGH TENANT'S INTERNET CONNECTION. The services are provided to tenant as a residential user, for the tenant's personal, residential, non-business and non-professional use. This means that the tenant may not use them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that the tenant may not resell or transfer the services to any other person for any purpose, or make any charge for the use of the service, without express written permission from Simply Bits in advance. The tenant agrees that the tenant's use of the Service for any commercial or governmental purpose will obligate the tenant to pay Simply Bits' higher rates for commercial service on account of all periods, including past periods, in which tenant uses, or used, the Service for commercial or governmental purposes. Simply Bits reserves the right to immediately terminate or modify the Service, if Simply Bits determines, in its sole discretion, that the tenant's service is being used for non-residential or commercial use.
Disclaimer of Liability
Simply Bits and the apartment complex shall in no way be liable or responsible for any loss, damage, or expense that the tenant may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the service or if the quantity of the service supplied is no longer available or suitable for tenant's requirements. No such change, failure, interference, disruption, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or in any way entitle the tenant to any abatement or diminution of rent in an way relieve tenant from any lease obligation. SIMPLY BITS MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AUP, AND SIMPLY BITS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLY BITS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT SIMPLY BITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Tenant Security Responsibilities
The tenant is solely responsible for any breaches of security affecting equipment under the tenant's control. If a tenant's network is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the tenant is responsible for the cost to rectify any damage done to Simply Bits' server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to noc@SimplyBits.com. SIMPLY BITS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF CUSTOMER'S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.