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Use of UNFLUX.net's Service constitutes acceptance
and agreement to UNFLUX.net's AUP as well as UNFLUX.net's
Terms of Service Agreement (TOS).
1. General Information
We vigorously support the uncensored flow of information
and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. UNFLUX.net
intends to provide its customers access to everything
the Internet has to offer. While the UNFLUX.net is firmly
committed to the principles of free speech, certain activities
that may be damaging to the resources of both the UNFLUX.net
and the Internet and cannot be permitted under the guise
of free speech. The resources of the UNFLUX.net and the
Internet are limited, and abuse of these resources by
one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and the
preparation of billing records. However, in our efforts
to promote good citizenship within the Internet community,
we will respond appropriately if we become aware of inappropriate
use of our service.
However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which
may violate this AUP. UNFLUX.net may cooperate with legal
authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension
or immediate termination of either your UNFLUX.net account
or other actions as detailed in Section 3 WITHOUT
PRIOR NOTICE.
This document is intended to provide a basic understand
of UNFLUX.net's Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of UNFLUX.net's
AUP:
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Ensure reliable service to our customers
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Ensure security and privacy of our
systems and network, as well as the networks and systems
of others
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Comply with existing laws
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Maintain our reputation as a responsible
service provider
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Encourage responsible use of the Internet
and discourage activities which reduce the usability
and value of Internet services
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Preserve the value of Internet resources
as a conduit for free expression and exchange of information
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Preserve the privacy and security
of individual users
You may not use your virtual site to publish material,
which UNFLUX.net determines, at its sole discretion, to
be unlawful, indecent or objectionable. For purposes of
this policy, "material" refers to all forms
of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio
recordings.
If an UNFLUX.net account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination of service.
Our failure to enforce this policy, for whatever reason,
shall not be construed as a waiver of our right to do
so at any time.
As a member of our hosting community, you must use your
hosting access responsibly. If you have any questions
regarding this policy, please Contact
Us.
2. Violations of UNFLUX.net’s
Acceptable Use Policy
- Illegal Use:
You agree not to use UNFLUX.net services to violate, intentionally
or unintentionally, any applicable local, state, national
or international law, or any rules or regulations promulgated
thereunder. Prohibited activities include, but are not
limited to: transmitting obscene materials; intentionally
spreading computer viruses; gaining unauthorized access
to private networks; engaging in the transmission of pirated
software; conducting or participating in illegal gambling,
or soliciting for illegal pyramid schemes through electronic
mail or postings.
- Unauthorized Access:
You agree not to use UNFLUX.net services to access, or
to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of UNFLUX.net's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, even
if there is no result of corruption or loss of data. This
violation is expressly prohibited and the offending UNFLUX.net
account is subject to immediate termination.
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Harm minors:
You agree not to use UNFLUX.net services to harm, or
attempt to harm, minors in any way, including, but not
limited to child pornography.
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Pornography
and Adult Material: The publishing of
any site or web page(s) whose revenue is gained in part
or whole from adult content.
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Threats:
You agree not to use UNFLUX.net services to transmit
any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction/damage
of property.
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Harrassment:
You agree not to use UNFLUX.net services to stalk or
otherwise harass another.
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Fraudulent
Activity: You agree not to use UNFLUX.net
services to make fraudulent offers to buy or sell products
or services or to promote any financial scam such as
"pyramid schemes," "Ponzi schemes,"
and "chain letters."
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Forgery
or Impersonation: You agree not to use
UNFLUX.net services to add, remove or change identifying
network header information in an effort to mislead or
attempt to impersonate any person by use of forged headers
or other identifying information. Using anonymous re-mailers
or nicknames is not prohibited. Using purposely misleading
headers ("munging" headers) in order to avoid
spam email address collectors is also allowed.
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Spam or Unsolicited/Bulk
Email: You agree not to use UNFLUX.net
services to "SPAM" or send any unsolicited
commercial email or unsolicited bulk email or aid in
sending such unsolicited email, even if that email is
not commercial. In response to a complaint, we have
the discretion to determine, from all of the evidence
we receive, whether the intended recipients were from
an "opt-in" email list. You are also prohibited
from sending the same or substantially similar unsolicited
email message, whether commercial or not, to 50 or more
recipients.
- Copyright or Trademark Infringement:
You agree not to use UNFLUX.net services to publish, submit,
copy, upload, post, transmit, reproduce, take, infringe
on, or distribute information, software, or other material
that is protected by copyright, trademark, patent, trade
secret, any other type of intellectual property rights,
trademark laws (by rights of privacy or publicity) or
other proprietary right of any party unless you own or
control the rights or have obtained consent to do so.
This includes using any material that you do not have
a right to make available under any law, contractual or
fiduciary relationship (including inside information,
proprietary and confidential information learned as part
of employment relationships or under other nondisclosure
agreements). This prohibition also includes the use of
any material or information including images or photos
that are made available through a UNFLUX.net Service,
digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
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Collection
of Personal Data: You agree not to use
UNFLUX.net services to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent.
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Reselling
of Accounts or Services: You agree not
to use UNFLUX.net services to resell, or exploit the
Services for any commercial purpose without a genuine
and approved "Reseller Account" by UNFLUX.net.
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Network disruptions
and unfriendly activity: You agree not
to use UNFLUX.net services to adversely affect the ability
of others to use UNFLUX.net Services or the Internet.
This includes making available material that contains
software viruses or other code, files or programs designed
to interfere with the functionality of computer software,
hardware or telecommunications equipment. Also prohibited
are attempts to disrupt the normal flow of dialogue,
cause a screen to “scroll” faster than others
can type, or repeatedly entering either meaningless
characters, three or more repeated blank lines, the
same text three or more times, or consistently repeating
text in a Chat room.. You may not otherwise interfere
with real time exchanges or use denial of service attacks
against others. Similarly, you must not disrupt the
Services, servers, networks or disobey procedures and
requirements relating to the Services. You are prohibited
from allowing use of the network for illegal or inappropriate
actions or a configuration that allows others to use
their network improperly.
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Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person
receiving it will act upon it.
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Inappropriate
Use of Software: Use of software or
any device that would facilitate a continued connection,
i.e. pinging, while using EV1Servers services could
result in suspension service.
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Email Collection:
Use “robots” or otherwise collect email
addresses in order to send unsolicited or unauthorized
material.
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Excess Bandwidth
& Disk Space: Exceed the maximum
monthly traffic allotment and disk space allotment for
your website. You agree that we have no responsibility
for the deletion or failure to store communications
and content that exceeds these limits. You also agree
to pay any overage fees assessed due to this misuse,
as stated in the Web Hosting Agreement and TOS.
- Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property
Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not
be tolerated.
- Distribution of Viruses:
Intentional distributions of software that attempts to
and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such an
offense will result in the immediate termination of the
offending account.
You are responsible for any misuse of your account, and
we rely on you to ensure the security of our network,
even if the inappropriate activity was committed by a
friend, family member, guest or employee. Therefore, you
must take all necessary steps to ensure that others do
not gain unauthorized access to your account and minimize
any network abuse. In addition, you may not use your account
to breach security of another account or attempt to gain
unauthorized access to another network or server. Criminal
and civil liability may result if system or network security
is violated. Incidents involving such violations will
be investigated and UNFLUX.net will cooperate with law
enforcement if a crime is suspected.
Security violations include, but are not limited to:
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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.
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Attempting to obtain another user's
account password is strictly prohibited, and may result
in termination of service.
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You must adopt adequate security measures
to prevent or minimize unauthorized use of your account.
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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 other networks.
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.
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You may not attempt to interfere with
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.
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Users who violate systems or network
security may incur criminal or civil liability. UNFLUX.net
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.
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Utilizing any software or device to
stay logged on while you are not actively using the
UNFLUX.net Service or using your account to operate
a server.
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Utilizing or spreading files that contain
viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other programs capable of harming
another’s computer operation or property.
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Hacking - breaking the security on
another’s computer network or accessing another’s
account. Such acts would include, but not be limited
to, 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 the
owner’s express approval;
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Monitoring of data or traffic on any
network or system without the owner’s express
approval, including use of ‘sniffers’ or
SNMP tools.
Harmful Acts
You may not engage in other activities, illegal or not,
that are harmful to our clients, operations, reputation,
or customer relations, as UNFLUX.net determines in our
sole discretion.
Password Security
We rely on you to keep your password secure. Any and all
access to or use of the Services through your account
is your responsibility. No one may attempt to obtain another
user's account password.
Prohibited Affiliations
You represent and warrant that you are not a resident
of any country or affiliated with any other organization
that is prohibited from doing business within the United
States as defined and set forth at: http://www.treas.gov/ofac
and http://www.bxa.doc.gov/dpl/denialist.asp
Contact Information
We require that you make information publicly available
about how to contact you, and that you respond in a timely
manner to any of our complaints of abuse of the Services.
Further, you agree to abide by and additionally be governed
by the covenants and restrictions set forth in the UNFLUX.net
Abuse Policy, updated from time to time by UNFLUX.net
and located in the “Policies” Section of the
UNFLUX.net. If you fail to responsibly manage the use
of the Services obtained from UNFLUX.net or if you are
found to be in violation of the Abuse Policy, we may terminate
Services to you, without refund.
Reporting Abuse
If you wish to report a violation of this AUP or the Abuse
Policy, you may Contact Us. Any
one wishing to send us a Notification of Claimed Infringement
pursuant to the Digital Millennium Copyright Act of 1998
("DMCA") must send such notification by going
to our Contact Page.
To be most effective, please provide the following information
on the alleged violation:
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An email with full header information
or syslog files, (or)
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The IP address used with the date and
time (including the time zone) (and)
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Evidence of what happened.
5. Revisions to this Acceptable
Use and Service Policy
We reserve the right to revise this AUP, our Privacy
Policy, our Abuse Policy, our hosting service agreements
and our other policies and agreements at any time and
in any manner. We will post any revisions to this AUP,
together with a revision date in the “Policies”
Section of our website located www.unflux.net.
© 2004 Copyright UNFLUX.net. All Rights Reserved.
Last Updated 06.25.2004.
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