1.1 All ASPIDER-NGI Clients are responsible for reviewing and complying with this Acceptable Use Policy. ASPIDER-NGI Clients who provide services to their own Clients or other end users are responsible for compliance with the terms of this Policy by their end users and must take steps to ensure compliance by their users with this Policy. For the purposes of this Policy, “Client” means each ASPIDER-NGI client to whom ASPIDER-NGI provides services, and all employees, agents, and third parties to whom Client makes ASPIDER-NGI services available. ASPIDER-NGI reserves the right to deny or terminate service to a Client based upon the results of a security/abuse confirmation process used by ASPIDER-NGI. Such confirmation process uses publicly available information to primarily examine Client’s history in relation to its prior or current use of services similar to those being provided by ASPIDER-NGI and Client’s relationship with previous providers.
1.2 The actions described below are defined by ASPIDER-NGI as “network abuse” and are strictly prohibited under this Acceptable Use Policy. The examples named below are not exhaustive and are provided solely for guidance to Clients. If any Client is unsure of whether a contemplated use or action is permitted, it is Client’s responsibility to determine whether the use is permitted by contacting ASPIDER-NGI via electronic mail. The following activities are expressly prohibited, and ASPIDER-NGI expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Client for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by Client violations. Such actions may be taken by ASPIDER-NGI without notice to Client. In general, ASPIDER-NGI Clients may not use the ASPIDER-NGInetwork, machines, or services in any manner which:
- violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;
- violates the acceptable use policies of any networks, machines, or services which are accessed through the ASPIDER-NGI network;
- infringes on the intellectual property rights of ASPIDER-NGI or others;
- violates the privacy of others;
- involves the resale of ASPIDER-NGI products or services, unless specifically documented in a separate written agreement or in the initial Client contract with ASPIDER-NGI;
- involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes;
- violates any specific instructions given by ASPIDER-NGI for reasons of health, safety or quality of any other telecommunications services provided by ASPIDER-NGI or by reason of the need for technical compatibility of equipment attached to the ASPIDER-NGI Network;
- materially affects the quality of any telecommunications services provided by ASPIDER-NGI; or
- otherwise violates this Acceptable Use Policy.
1.3 Prohibited activities also include, but are not limited to, the following:
- unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
- attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
- falsifying user identification information;
- introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
- scanning the networks of others for vulnerabilities without authorization;
- executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the Client without authorization;
- attempting to circumvent Client authentication or security of any host, network, or account (“cracking”) without authorization;
- using any program/script/command, or sending messages of any kind, designed to interfere with a third party Client terminal session, via any means, locally or via the Internet;
- “phishing”, that is simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- “pharming”, that is using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights;
- furnishing false or incorrect data on the signup form; or
- attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of ASPIDER-NGI products and services.
1.4 Digital Millennium Copyright Act Policy:
It is the policy of ASPIDER-NGI to respond expeditiously to claims of intellectual property infringement. ASPIDER-NGI will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, ASPIDER-NGI will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ASPIDER-NGI will terminate access for Clients who are repeat infringers. For our Clients, you must adopt and implement a Digital Millennium Copyright Act policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
- electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1.5 Notices of claimed infringement should be directed to firstname.lastname@example.org When ASPIDER-NGI removes or disables access to any material claimed to be infringing, ASPIDER-NGI may attempt to contact the Client who has posted such material in order to give that Client an opportunity to respond to the notification. Any and all counter notifications submitted by the Client will be furnished to the complaining party. ASPIDER-NGI will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before ASPIDER-NGI replaces or restores access to any material as a result of any counter notification.
2. ADDITIONAL TERMS APPLYING TO SERVICES
- falsifying header information or user identification information;
- attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Client is not an intended recipient or logging into a Server or account that Client is not expressly authorized to access;
- hijacking of IP space;
- sending unsolicited (“opt-out”) bulk email;
- maintaining an open mail relay and/or an open proxy; and
- collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.
2.2 ASPIDER-NGI Clients who provide those services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy. ASPIDER-NGI Clients who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through the ASPIDER-NGI network for which DNS responsibility has been delegated to the Client, maintain accurate contact information with the InterNIC and any other appropriate domain, IP and AS registrars, take reasonable steps to prevent IP spoofing by their users and downstream Clients, provide a 24/7 contact address to ASPIDER-NGI for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with the ASPIDER-NGI Acceptable Use Policy.
2.3 Email Generally
The following actions are prohibited:
- using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment;
- using email to disrupt (e.g., mail bombing, “flashing,” etc.) is prohibited;
- originating email with falsified header information;
- originating email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised;
- originating chain letters, pyramid schemes, and hoaxes;
- using the ASPIDER-NGI or Client account to collect replies to messages sent from another provider which violate these rules or those of the other provider; and
- using ASPIDER-NGI services in connection with or in support of the running of a mail server in China without an appropriate license to run such a server.
2.4 Bulk Email:
Clients sending bulk email, using ASPIDER-NGI services, may only engage in such activity through the use of “closed-loop opt-in” lists. Such Clients who send bulk email through “closed-loop opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited (“opt-out”) bulk email is prohibited and is grounds for termination of those services to Clients who engage in the practice. Sending “opt-out” bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by ASPIDER-NGI, including without limitation, email, web, FTP, and DNS services, is prohibited. Clients may not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest email addresses from the Internet for that purpose. In addition, Clients may not sell or distribute lists of harvested email addresses for the purpose of “opt-out” email. Clients who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by ASPIDER-NGI. Clients who engage in the practice of unsolicited bulk email, as set forth above, from ASPIDER-NGI accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Clients listed on an industry recognized spam abuse list, will be deemed to be in violation of this Policy.
2.5 The World Wide Web and FTP:
The web and FTP space included with the Services may not be resold or used for adult-oriented material. ASPIDER-NGI reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on ASPIDER-NGIservers which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.
2.6 Routing Protocols and Route Exchange:
In the event ASPIDER-NGI identifies the Client is sending excessive or unnecessary route publications, ASPIDER-NGI reserves the right to limit the number or routes that will be accepted.
2.7 Servers, Gateways and Proxies:
Clients may not run on ASPIDER-NGI servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Clients may not run such programs on their own machines connected through a ASPIDER-NGI account in order to make such services or resources available to others; a dedicated access account is required for such purposes. Clients are responsible for the security of their own networks and machines. ASPIDER-NGI will assume neither responsibility nor accountability for failures or breach of Client-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised Client’s system or account may result in suspension of services or account access by ASPIDER-NGI, for example, if a system is abused after becoming infected with a worm or trojan horse program as a result of an Internet download or executing an email attachment. Any programs, scripts, or processes which generate excessive server load on ASPIDER-NGI servers are prohibited and ASPIDER-NGI reserves the right to terminate or suspend any such program, script, or process.
2.8 Storing Files:
The storage of any program, utility or file on ASPIDER-NGI servers, the use of which would constitute a violation of this Acceptable Use Policy, is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on ASPIDER-NGI servers.
3. VIOLATIONS AND CONTACT DETAILS
ASPIDER-NGI has absolute discretion in determining whether Client activities or use of ASPIDER-NGI services are in violation of this Policy. ASPIDER-NGI reserves the right to suspend or terminate the provision of a ASPIDER-NGI service or services for Client’s breach of, or failure to comply with the Policy, which suspension or termination (i) may be immediate and (ii) may have a fixed or indefinite duration. Before taking such action, ASPIDER-NGI shall notify Client in writing and afford Client a reasonable opportunity to remedy the alleged failure to comply with the Policy, provided only that no cure or notice period shall be required where the failure to so comply represents, in ASPIDER-NGIreasonable opinion, an immediate and material threat to the integrity or security of the ASPIDER-NGI Network or to the services ASPIDER-NGI provides to others using its Network. In such circumstances, ASPIDER-NGI shall provide Client with notice of the service suspension at the same time as such suspension, or as soon afterwards as is reasonably practical. ASPIDER-NGI agrees that any suspension of services pursuant to this paragraph will be as narrow in scope and duration as reasonably necessary for ASPIDER-NGI to protect its Network, rights, property, personnel and other Clients.
3.2 Information Accuracy:
This Policy is subject to change with notice by publication on this web site; Clients are responsible for monitoring this web site for changes. This Policy was last updated on February 26, 2008. While ASPIDER-NGI uses reasonable efforts to provide accurate and up-to-date information on this Web site, ASPIDER-NGI makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. ASPIDER-NGI undertakes no duty to update such information.
3.3 How to Contact Us:
To contact us with questions or comments regarding this Policy, please email email@example.com. To contact us regarding claimed violations of this Policy, please email firstname.lastname@example.org. To contact on for answers to general questions, please contact email@example.com.