sysTame™ Acceptable Use Policy

 

1. INTRODUCTION

 

sysTame's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of sysTame's Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Customers")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Web Hosting Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. sysTame may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your sysTame account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Web Hosting Service Agreement and other policies.

 

2. VIOLATIONS OF SYSTAME'S ACCEPTABLE USE POLICY

 

The following constitute violations of this AUP:

 

a.Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

 

b.Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.

 

c.Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

 

d.Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

 

e.Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

 

f.Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

 

g.Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the sysTameÕs Network, sysTameÕs or itÕs affiliates equipment or any sysTame  eMail Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

 

If you are found to have spammed, without warning, sysTame reserves the right to disable your domain. In addition, sysTame may impose a $100 penalty for each spam policy violation. sysTame solely reserves the right to refuse or cancel service to known spammers. Lastly, sysTame reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

 

h. Unacceptable content. Pornography and sex-related merchandising are prohibited on all sysTame servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to sysTame servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk eMail service is not allowed. Below are some examples of non-acceptable content or links:

 

* Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

* Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

* Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

* Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.

 

i.Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of sysTame's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

 

j.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 any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

 

k.Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

 

l.Reselling the services. Reselling the Services without sysTame's authorization.

 

m. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use sysTame Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

 

n. Exceeding Web Site Size and Traffic Limitations: All sysTame Customers receive hard disk space and bandwidth, depending on the package agreed upon in the Web Hosting Agreement, for use with their sysTame Web Hosting account. Each member's webspace is allocated a certain amount of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds its maximum monthly allotment of traffic, the site will be charged for the extra bandwidth at the next billing. A site that exceeds the sysTame Member's maximum allotment in size will be charged for the extra space at the next billing.

 

o. Background running programs

Background daemons in general are prohibited. sysTame will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

 

3. PRIVACY POLICY

sysTame insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by sysTame, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the customer. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the customer; with exception as required by Law, Regulation or Governmental Authority. 

 

4.REPORTING VIOLATIONS OF SYSTAME'S AUP

 

sysTame requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: abuse@sysTame.com.

 

If available, please provide the following information:

 

* The IP address used to commit the alleged violation

* The date and time of the alleged violation, including the time zone or offset from GMT

* Evidence of the alleged violation

 

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

 

sysTame may take any one or more of the following actions in response to complaints:

 

* issue warnings: written or verbal

* suspend the Member's account

* terminate the Member's account

* bill the Member for administrative costs and/or reactivation charges

* bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

 

5. REVISIONS TO THIS ACCEPTABLE USE POLICY

 

sysTame reserves the right to revise, amend, or modify this AUP, our Web Hosting Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Web Hosting Service

 

Rev. 01/01/2003