Acceptable Use Policy
Last Updated: 1 /4/2005 9:00 AM
Introduction
This document defines the Paradigm Pioneers,
Inc. Acceptable Use Policy that governs all customer (the
Customer) use of Internet server products and services provided by Paradigm
Pioneers, Inc. (the Company). The Acceptable Use Policy has been
created to ensure the integrity, security, reliability and privacy of the
Company’s Internet Server Management Facility, network, and data contained
within. The Company retains the right to modify the Acceptable Use Policy
without warning or notice.
Questions or comments regarding the Paradigm Pioneers,
Inc. Acceptable Use Policy governing Internet server products and
services should be forwarded to Paradigm Pioneers, Inc. via:
Phone: 1-800-774-0905
Acceptable Use Policy
Compliance
The Customer shall use the
Company resources in a manner that is clearly consistent with the purposes of
the products and services offered. The Customer shall comply with applicable
laws and standards, policies and procedures. The Customer incurs the
responsibility to determine what restrictions apply and to review the policies
and procedures that will be updated continually. The Customer is responsible to
use the resources with sensitivity to the rights of others. Any conduct by the
Customer that in the Company's sole discretion restricts or inhibits any other
user, whether a customer of the Company or a user of any other system, from
using and enjoying any of the Company's services is strictly prohibited. This
includes, but is not limited to, the posting or transmitting on or through any
of the Company's services, any information that is, in the Company's sole
discretion, unlawful, obscene, threatening, abusive, libelous, or harmful, or
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national, or international
law.
Data
Transmission
Customer expressly agrees to use all of Company's
services only for lawful purposes. Transmission or storage of any information,
data or material in violation of United States or state regulation or law is
prohibited, including but not limited to, material protected by copyright,
trademark, trade secret, or any other statute.
Limitation of Liability
The Company will not be liable under any circumstances
for any lost profits or other consequential damages, even if the Company has
been advised as to the possibility of such damages. The Company's liability for
damages to Customer for any cause whatsoever, regardless of the form of action,
and whether in contract or in tort, including negligence, shall be limited to
one (1) month’s fees and the remaining portion of any prepaid fees.
Indemnification
Customer agrees to indemnify and hold harmless the
Company, against any lawsuits, claims, damages or liabilities (or actions or
proceedings in respect thereof) to which the Company may become subject related
to or arising out of Customer's use of Company's services, and will reimburse
the Company for all legal and other expenses, including attorney's fees,
incurred in connection with investigating, defending, or settling any such
loss, claim, damage, liability, action or proceeding whether or not in
connection with pending or threatened litigation in which the Company is a
party. The provisions of this agreement relating to indemnification shall
survive termination of Customer's account.
Consequences of Misuse
Misuse of product and
services provided by the Company may result in one or more of the following
consequences:
-
Company will issue a written warning to the Customer.
-
Company will restrict and/or revoke privileges,
products, and/or services provided to Customer for a specific period of time.
-
Company will permanently disconnect privileges,
products, and/or services provided to Customer.
-
Company will refer Customer to civil authorities for
prosecution.
-
Company will take necessary action to correct
non-compliance.
Prohibited
Uses of Products and Services
The following actions are defined as "system abuse"
and are strictly prohibited. The examples named in this list are non-exclusive,
and are provided solely for guidance to Customer. Products and Services
include, but are not limited to, the Internet server provided by the Company
and user accounts. If Customer is unsure of whether any contemplated use or
action is permitted, please contact the Company through the information
provided above. The following activities are expressly prohibited:
General
-
Resale of the Company’s products and services, unless
specifically permitted and documented in a separate written agreement or the
initial Customer contract.
-
Using the facilities and capabilities of the Company
or its services to conduct any illegal activity or other activity that
infringes the rights of others.
-
Deceptive on-line marketing practices. The United
States Federal Trade Commission has issued informative guidelines for proper
on-line marketing schemes. For more information about what the FTC has done
against these types of schemes review the Deception Policy Statement from the
FTC (http://www.webcom.com/lewrose/deceptionpol.htm/).
-
Violations of intellectual property -- as legally
protected by copyrights and licenses. This includes, but is not limited to, the
installation or distribution of illegal, "pirated", or other software products
that are not appropriately licensed by Customer.
-
Violations of privacy.
System and Network
-
Introduction of malicious programs into the network or
server (e.g. viruses, worms, Trojan horses, etc.).
-
Attempted or successful security breaches or
disruption of Internet communication. Security breaches include, but are not
limited to, accessing data of which Customer is not an intended recipient or
logging into a server or account Customer is not expressly authorized to
access.
-
Customer may not execute any form of network
monitoring (e.g. packet sniffer) which will intercept data not intended for
Customer server.
-
Attempts to circumvent user authentication or security
of any host, network, or account ("cracking").
-
Attempts to interfere with or deny service to any user
or any host (e.g. Denial of Service Attacks).
-
Use of any program/script/command, or sending messages
of any kind, designed to interfere with a users terminal session, via any
means, locally or via the Internet.
Billing
-
Furnishing false or incorrect data on the signup form,
contract, or online application, including fraudulent use of credit card
numbers.
-
Attempts to circumvent or alter the processes or
procedures to measure time, bandwidth utilization, or other methods to document
"use" of the Company’s products and services.
Mail
-
Sending unsolicited mail messages, including the
sending of "junk mail" or other advertising material to individuals who did not
specifically request such material (e.g. "spamming").
-
Harassment, whether through language, frequency, or
size of messages.
-
Forging of mail header information.
-
Using the Company or Customer account to collect
replies to messages sent from another provider, which violate these rules or
those of that provider.
-
Creating or forwarding "chain letters" or other
"pyramid schemes" of any type.
Usenet Newsgroups
-
Posting the same or similar message to large numbers
of Usenet newsgroups.
-
Posting chain letters of any type.
-
Posting encoded binary files to newsgroups not
specifically named for that purpose.
-
Cancellation or superceding of posts other than your
own.
-
Forging of header information.
-
Solicitations of mail for any other e-mail address
other than that of the poster's account or service, with intent to harass or to
collect replies.
IRC (Internet Relay Chat)
-
Use of IRC scripts or programs that will interfere
with or deny service to other users on any server or host.
-
Running or attempting to run any IRC robot or server
on equipment other than the equipment provided by the Company to the Customer.
Administrator
Accounts
The following section details the Acceptable Use Policy regarding
administrator privileges with the products and services offered by the
Company’s Web Hosting Group. Customers utilizing Internet Server products and
services, whether the server is provided by the Company or is provided by the
customer are subject to the following restrictions:
-
Customer may not change the IP address or name of the
machine.
-
Customer may not provide or share administrator
privileges with individuals who have not reviewed and agreed to the terms of
the Acceptable Use Policy.
UNIX "Root" Acceptable Use Policy
-
Customers granted root access on a
Server provided by the Company are additionally subject to the following
restrictions:
-
Customer may not create/update/delete accounts created
and maintained by the Company.
-
Customer may not change the partitioning or mount
points of any drive.
-
Customer may not create/update/delete any system file
without previous written permission.
-
Customer may not create .rhosts or /etc/.host.equiv
files.
-
Customer may not implement any procedure or process
that would allow one to login as root without using the root
password.
-
Customer may not create suid scripts or
programs without written permission.
-
Customer may not alter the system kernel.
-
Customer may not apply operating system and
application patches to software not installed and solely maintained by the
customer.
-
Customer may not change the root shell.
-
Customer may not alter /etc/fstab or /etc/vfstab.
-
Customer may not modify the decode or root
alias in the /etc/aliases file.
-
Customer may not change the "identity" of the system.
-
Customer may not modify the system in any manner that
restricts or alters access to the system by the Company’s employees.
-
Customer may create/update/delete all aspects of
Customer created user accounts. This may includes modifying home directory
permissions, user passwords, etc.
-
Customer may use FTP to create/update/delete files and
directories.
-
Customer may add to, but may not modify, existing data
in the following configuration files: /etc/aliases, /etc/group, /etc/rc.local,
/etc/sendmail.cf file and root crontab.
-
Customer may install software on the server provided
the installation meets all of the criteria detailed above. Customer must also
hold a license for applicable software.