Acceptable Use Policy (AUP)
Introduction
1.1. This Acceptable Use Policy ("AUP") applies to all individuals or companies ("Customers") using Neda Communications' ("Neda") services, unless otherwise stated in their Master Terms and Conditions. Customers shall ensure that their respective employees and designees who are users ("End Users") of Neda's Internet access, hosting, networking, security and other services ("Services") comply fully with all the provisions of this AUP. This AUP is designed to help protect our service, our customers and the Internet community from irresponsible or illegal activities. Neda expects that common sense and good judgment will guide all of our subscriber's activities on the Internet.
1.2. Neda does not monitor under normal circumstances the content of any Web site, electronic mail transmission, news group, or other material created, transmitted, or accessed over or through the Services. However, we reserve the right to suspend or terminate any Services, or take any other action, if we believe that your use of the Services, in our sole discretion, may be illegal, subject Neda to liability, or violate this AUP. Neda may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
1.3. Neda provides data transport and storage services. Information available on Neda's network is the property of Neda, its information providers or customers. Neda does not accept responsibility for the content of the materials and information published by others, which are accessible through the Neda connection, and does not accept responsibility for the violation of any laws resulting from such publication.
1.4. All End Users of Neda's services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, and export controls, treaties and international law.
1.5. Use of Neda's services constitutes on the part of such End User acceptance of and agreement to abide by all of the policies of Neda, including this AUP, as such policies may be modified by Neda at any time and from time to time, and to use such services for lawful purposes in compliance with all applicable laws. Use of Neda's services is at the risk of the subscriber.
Electronic Communications Privacy Act Notice (18 USC 2701-2711) NEDA MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NEWWORK. NEDA SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON NEDA'S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY NEDA, OR OTHERWISE CONNECTED WITH USE OF THE NEDA NETWORK.
Policies
2.1. Administration or access accounts for the Services may be used only by the authorized owners of the accounts, except where specifically authorized by Neda system administrators. Revealing your account username or password to others or allowing use of your account by others is prohibited. At no time can there be simultaneous use of the username and password combination for such accounts.
2.2. Resale, trade or transfer of any individual email, hosting or other single-user account without express written consent from Neda is prohibited. Attempting to obtain access beyond that for which a customer is authorized will be grounds for immediate termination of such customer's account.
2.3. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the Neda network to gain unlawful or unauthorized entry to another machine on the Internet or any other network; use of a Neda Service to or attempt to alter or destroy data belonging to Neda or another user on any computer network; and use of the Neda system as a staging ground to "crack" other systems will be grounds for immediate termination of such customer's Services.
2.4. Transmission, redistribution, reproduction or commercial exploitation of information available via Neda's network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such customer's Services.
2.5. Abusive or inappropriate use of any Neda service, including any behavior which disrupts the normal use of the systems or network services of others, inhibits any user from accessing the Internet or their network, interferes with the proper operation of Neda's network or impairs the availability, reliability or quality of Neda service for other customers will be subject to the sanctions described below.
2.6. Neda does not censor the content of any newsgroups. We believe such choices should be left to the individual, however Neda does expect its customers to follow the generally accepted rules of netiquette.
2.7. General: It is also contrary to the specific policies of Neda for any End User to effect or participate in any of the following activities:
2.7.1. using a dial-up or other individual access Service to offer any public information service, such as running a web server or FTP server, without the written consent of Neda;
2.7.2. exporting software or technical information in violation of U.S. export control laws;
2.7.3. making fraudulent offers of items, products, or services originating from a customer's Service account;
2.7.4. using non-authorized relays through any third party systems, or using or tolerating the use by others of Neda's services as a relay for any use not permitted by this AUP;
2.7.5. "flooding" or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
2.7.6. storing or distributing on Neda servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other systems or networks;
2.7.7. using programs such as packet sniffers, host and/or service monitoring or other similar programs other than to monitor traffic on Customer's VPN;
2.7.8. engaging in any of the above activities using the service of another provider but channeling such activities through a Neda Service or re-mailer or using a Neda Service as a mail drop for responses;
2.7.9. directing commercial advertising to groups in violation of their charters;
2.7.10. publishing or distributing obscene or defamatory materials; and
2.7.11. willfully violating the posted Acceptable Use Policy of any Internet Service Provider (ISP) such that it negatively impacts Neda's business relationship with that ISP.
2.7.12. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable federal, state, local or international law, or any rules or regulations promulgated there under, or permitting any other person to do any of the foregoing, whether through action or inaction.
2.7.13. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
2.7.14. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
2.7.15. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
2.7.16. Fraudulent acts. Using the Services to make fraudulent offers to sell or buy goods or services or to conduct any type of financial scam, including without limitation "pyramid schemes," "Ponzi schemes," and "chain letters."
2.7.17. Unsolicited messaging. Using the Services to transmit or facilitate any unsolicited advertising or promotional messaging, or bulk messaging, including but not limited to email and instant messages.
2.7.18. Forgery or impersonation. Adding, removing or modifying identifying network header information to deceive or mislead, or to impersonate any person (excluding using anonymous remailers or nicknames not intended to impersonate, and deliberately misleading headers ("munging" headers) in news postings to safeguard against spam email address collectors).
2.7.19. Unauthorized access. Using the Services to access, or attempt to access, accounts of others, or to penetrate, or attempt to penetrate, security systems of Neda or any other organization, or to access or attempt to access the communications network of Neda or any other organization without authority, whether or not such actions disrupt or affect any data or other information.
2.7.20. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of another, including without limitation, unauthorized copying of copyrighted material, digitization and distribution of photographs from publications, web sites, or other copyrighted sources, and unauthorized transmission of copyrighted software.
2.7.21. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about others without their knowledge or consent.
2.7.22. Network disruptions. Using the Services in any manner which adversely affects the ability of other people or systems to use the Services or any other Neda services, including without limitation "denial of service" (DoS) attacks against another network host or user, interfering with or disrupting use or enjoyment of the Services by other users, or tampering with any network equipment (whether in or out of the site of use).
2.7.23. Excessively Long Connections. Using the non-dedicated Services for excessively long connections during which you are not actively using the Services or for exceptionally high volume transmissions beyond their intended purposes (e.g., maintaining a dial connection on standby or inactive basis or using a dial failover connection as a primary connection).
2.8. Non-dedicated Dial-up Connection
2.8.1. Dial-up is attended access and requires the physical presence of the End User while the Service is connected to the network. Pings, bots, auto-checkers to keep connections running or the use of other programs to defeat system timers limiting inactivity are prohibited, as well as the use of software to stay logged on while not actively using services.
2.8.2 Exceeding eight (8) continuous hours on dial-up may constitute "excessive use," and dial-up Service accounts, which remain idle for more than ten (10) minutes while connected, may be disconnected without notice. In addition, use of "unlimited" dial-up Service accounts for more than 160 hours in a calendar month constitutes "excess use" for which any such account shall incur the excess usage charge specified in section 4.4.5.
2.8.3 Personal dial-up Service accounts are for individual use only and may not be used for any private or personal business or gain or for any unsolicited or commercial advertising. Dial-up Service account holders may not run or operate servers of any type, or provide network services, from dial-up accounts.
2.9. Email, Newsgroups and Internet Relay Chat
2.9.1. Email is a person-to-person medium and not a broadcast medium. Harassing others by "mail-bombing" or "spamming", which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than ten (10) similar mail messages to the same email address, or 10Mb of data to a newsgroup is grounds for termination of a customer's Services. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats, is also strictly prohibited and is grounds for termination.
2.9.2. Not every "flame" message or angry exchange of email or newsgroup posting can automatically be considered harassment. Neda is not responsible for the content or tone of any email or other transmissions of the subscribers to its service or other parties, and subscribers or others should not expect that Neda will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. Only the Neda Internet News Administrator may create new Usenet groups. Any abuse of this policy will result in a customer's Services being disabled and all other previous agreements rendered null and void.
2.9.3. Certain restrictions relating to newsgroup postings have been established by Usenet and are respected by Neda. Customers of Neda unconditionally agree to abide by such restrictions, protocols and policies in using their Services.
2.9.4. The following activities are specifically prohibited by Neda in connection with the use of email, newsgroup or IRC services:
2.9.4.1. distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";
2.9.4.2. sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using Neda Internet's email address to collect responses from unsolicited email;
2.9.4.3. attempting to impersonate any person using forged email or Usenet headers or other identifying information;
2.9.4.4. using a Neda provided email box exclusively as a storage space for data, which includes a mailbox exceeding 10MB or which has not been accessed for more than one (1) month;
2.9.4.5. using a news server for software distribution, cross-posting messages to more than 10 newsgroups and posting off-topic messages and advertising to newsgroups;
2.9.4.6. posting excessively vulgar or repetitious messages to newsgroups;
2.9.4.7. posting binary or excessively large unrelated text files to non-binary newsgroups;
2.9.4.8. installing "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others;
2.9.4.9. transmitting blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroups' topics; and
2.9.4.10. using IRC bots in violation of any accepted policies on IRC servers.
2.9.4.11. Posting to any newsgroup in violation of a group's charter, published guidelines, FAQs, "community standards", other "netiquette" standards, this AUP, or any law or regulation, including without limitation continued posting of off-topic articles or advertisements, deleting or canceling another's posting. We reserve the right to delete or cancel any posting which violates this AUP.
2.10. Hosting
2.10.1. Users of Neda's hosting services, not Neda under any circumstances whatsoever, are responsible for the content of their sites and obtaining all required legal permissions for the use of such content. Each such user must accept responsibility for the publication of any defamatory, pornographic, confidential, secret or proprietary material. Neda reserves the right to remove any material from any site without notice.
2.10.2. Free personal web sites are limited to four (4) MB in size and to one hundred (100) Mb per month in traffic. Users will be required to reduce the size of files that exceed the maximum, and usage in excess of such amount is considered "other than for personal use" by Neda. Use of such Services for other than personal use may be grounds for cancellation of such Services or the imposition of additional charges or both.
2.10.3. The use of spam, whether originated from your Neda Service, or a Service with another ISP, to advertise any Web site that is hosted by Neda is prohibited
Subscriber's Responsibilities
3.1. All Neda customers and advertisers who publish materials and information which are accessible through a Neda connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information.
3.2. Customer is responsible for any charges payable to Neda for use of their Neda Service that are incurred by others to whom the Customer or End User has given its username and/or password, and for charges incurred by a person who has obtained such Customer's username and/or password prior to such Customer or End User's notification to Neda of such fact.
3.3. Customer is responsible for the payment of all local and long distance telephone charges. Customer is also solely responsible for determining if the access telephone number being used is a local call and for keeping track of their own on-line connection time. Customer is responsible for the files residing in their Neda email, hosting or other data storage accounts, including the back up of such files.
3.4. It is the Customer's responsibility, if desired, to make use of available tools to screen a End User's postings to newsgroups that may be considered offensive.
3.5. Any permitted Customers of Neda's customers are bound by same restrictions as Neda's Customers, including this AUP.
3.6. Neda Customers are solely responsible for all traffic emanating from their networks.
3.7. Each End User is responsible for ensuring that his or her site, computer and other network facilities at the End User's premises are protected against unauthorized access and are continuously configured in a secure manner. If an End User is provided a password or other security device by which to access or use the Services, the End User shall safeguard and maintain the integrity and confidentiality of such password or security device.
Actions by Neda for Noncompliance or Violation
4.1. Certain of the activities set forth above cause alarms that could require Neda to take action. Customers should be aware, however, that normal use and software will not set off such alarms.
4.2. Use of a Neda Service in an illegal manner is grounds for immediate termination of such Service. End Users should be aware that Neda views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom Neda will fully cooperate. Neda will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.
4.3. Neda reserves the right to conduct its own investigation of suspected violations of this AUP.
4.4. In addition to the other actions described herein, Neda may take one or more of the following specific actions:
4.4.1. delete files if the Neda storage fee is due and unpaid, if such files have not been accessed for more than one (1) month or if such files exceed the permitted size;
4.4.2. disable a customer's Service if irresponsible newsgroup postings by such use result in large numbers of complaints to an Neda Internet News Administrator;
4.4.3. for each day upon which an End User transmits the same or substantially similar messages to 50 or more recipients or 15 or more newsgroups, charge $10 per day for intentional violations, which may be waived if accidental, and $200 per day for willful violations;
4.4.4. charge any email account holder who uses such account to transmit unsolicited, commercial email, $150 per violation or aggregate of violations:
4.4.5. charge non-dedicated, "unlimited" dial-up accounts $0.03 per minute for each whole minute and part of a minute of use in excess of 160 hours in a calendar month;
4.4.6. log instances of abuse;
4.4.7. where feasible, implement technical mechanisms which block multiple postings to newsgroups, or which filter or block traffic in order to prevent or mitigate violations of this AUP;
4.4.8. change an Customer or End User's password to maintain integrity of the network; and
4.4.9. terminate the Services of an offending customer if Neda is banned from any of the Top 100 most frequently web site as result of the customer's actions.
4.5. In the event that a Service is temporarily inactivated as a result of any prohibited activities, the Service may be subject to reactivation charges and/or deposit requirements to be determined by Neda.
4.6. Customer will be liable for any and all costs incurred by Neda as result of the Customer's violation of this AUP. The Customer's sole remedy for such termination is the return of the amount of any prepaid but unused services.
4.7. Neda will review alleged violations of this AUP on a case-by-case basis. Violations, which are not promptly remedied may be referred to the appropriate authorities for civil or criminal prosecution. Neda does not assume any liability to any Customers, End Users or others for its failure to enforce this AUP.
4.8. Nothing herein is to be construed to limit Neda's remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.
Contacts
5.1. Also, Customer must immediately notify Neda at any of the addresses set forth herein of any unauthorized use of such Customer's Service, of any breach or attempted breach of security, if it is believed that such Customer's password has been compromised or of any other violations of this AUP.
5.2. If you have any questions with respect to this AUP, please contact Neda Communications, Inc. at 3610 164th Place SE, Bellevue, WA 98008, or by telephone at 425-644-8026 or by email. Please provide as much as the below information as possible:
- The IP address used to commit the alleged violation
- The date, time, and place of the alleged violation
- Any evidence of the alleged violation
Neda may take any one or more of the following actions in response to a reported violation of this AUP:
- issue verbal or written warnings to the offending Customer or End User.
- suspend the Customer or End User's Services or newsgroup posting privileges.
- terminate the Customer's or End User's Services.
- invoice the Customer for administrative costs and expenses associated with his or her violation of this AUP, all of which costs and expenses shall be paid by the Customer in full within thirty (30) days of invoice date.
- bring legal action against the Customer or End User to enjoin violations and/or to collect damages, if any, caused by violations, without prejudice to any other rights at law or in equity which Neda may have against the End User or any other party.
NEDA RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE.
