ACCEPTABLE USAGE POLICY
I. General Overview
It is REDBIRD’s policy to offer unlimited, uncensored access to the Internet. However, as with any user-oriented service, REDBIRD has certain guidelines and rules which must be enforced for the benefit of both REDBIRD ACCOUNTHOLDERs and all other Internet users throughout the world. REDBIRD therefore requires ACCOUNTHOLDERs to adhere to the guidelines set forth herein.
II. Accountholder Consent To Guidelines
Please read these Guidelines, and the Terms and Conditions for Dial-Up Services carefully before opening or continuing a dial-up account with REDBIRD. By using REDBIRD services, you agree to comply with these Acceptable Use Guidelines, and REDBIRD may terminate your account if you fail to comply with these guidelines. IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES, YOU SHOULD IMMEDIATELY END YOUR USE OF REDBIRD SERVICES AND SOFTWARE AND NOTIFY THE REDBIRD CUSTOMER SERVICES DEPARTMENT SO THAT REDBIRD MAY INITIATE A CLOSURE OF YOUR ACCOUNT.
III. Acceptable Usage
Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of REDBIRD’s systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include a moderate amount of file storage on REDBIRD’s servers for ACCOUNTHOLDER’S own personal web page and file access area (FTP)
This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.
A. USE OF SERVICES
1. The ACCOUNTHOLDER agrees to use REDBIRD’s services for lawful purposes, in compliance with all applicable laws.
2. REDBIRD internet accounts are provided for use in conformance with these Guidelines and Terms and Conditions. REDBIRD reserves the right to investigate suspected violations of the Guidelines. When REDBIRD becomes aware of possible violations, REDBIRD may initiate investigation which may include gathering information from the ACCOUNTHOLDER or ACCOUNTHOLDERs involved and the complaining party, if any, and examination of material on REDBIRD’s servers.
3. During an investigation, REDBIRD may suspend the account or accounts involved and/or remove the material involved from its servers. If REDBIRD believes a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from REDBIRD’s servers, the cancellation of news group posts, warnings to the ACCOUNTHOLDER or ACCOUNTHOLDERS responsible, and the suspension or termination of the account or accounts responsible. REDBIRD, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the ACCOUNTHOLDER to criminal or civil liability.
B. USE OF MATERIALS
1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using REDBIRD services. ACCOUNTHOLDERS may also re-distribute materials in the public domain. The ACCOUNTHOLDER assumes all risks regarding the determination of whether material is in the public domain.
2. The ACCOUNTHOLDER is prohibited from storing, distributing or transmitting any unlawful material through REDBIRD services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The ACCOUNTHOLDER may not post, upload or otherwise distribute copyrighted material on REDBIRD’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the ACCOUNTHOLDER to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above.
3. The ACCOUNTHOLDER may not store or distribute certain other types of material on REDBIRD’s servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites.
1. REDBIRD personal dial-up accounts are for individual use only. ACCOUNTHOLDERS may not share passwords or accounts with other individuals.
2. REDBIRD shall provide passwords to ACCOUNTHOLDERS. In the event that the security of an ACCOUNTHOLDER is compromised, REDBIRD shall provide the ACCOUNTHOLDER with a new password.
D. SYSTEM SECURITY
1. The ACCOUNTHOLDER is prohibited from utilizing REDBIRD services to compromise the security or tamper with REDBIRD’s system resources or accounts on any of REDBIRD’s computers, routers, terminal servers, modems, or any other equipment at REDBIRD or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to password guessing programs, cracking tools or network probing tools.
2. REDBIRD reserves the right to release the user names of ACCOUNTHOLDERS involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. REDBIRD will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
E. SYSTEM RESOURCES
1. REDBIRD will allocate system resources to provide all ACCOUNTHOLDERS with the best service possible. As part of resource allocation, REDBIRD may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions.
2. Additionally, REDBIRD may institute services and fees for ACCOUNTHOLDERS who are interested in accessing system resources above and beyond acceptable usage.
3. REDBIRD may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above.
4.System abuse is defined as any use of REDBIRD resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory or disk space bandwidth or otherwise affecting the performance of REDBIRD servers or networks.
5. ACCOUNTHOLDERS may not run programs which provide network services from their accounts. Example of prohibited programs include, but are not limited to, mail, http and IRC servers and multi-user interactive forums.
IV. Prohibited Activities
Activities specifically prohibited by REDBIRD administration include but are not limited to the following:
A. Long-term storage of data
Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes but is not limited to programs such as shareware programs which the user may download to their account for purposes of transferring to their home computer. Such programs should be removed as they are successfully transferred to the users personal system. Email messages older than 180 days may be removed from the server.
B. Flooding or abuse of other users
Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at REDBIRD. Flooding takes place in numerous ways, including, but not limited to: ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, MSG/CTCP flooding on IRC, as well as other, less common methods.
C. Attempts to compromise system and/or network security
Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user’s account are prohibited. This also includes attempts to hack into non-REDBIRD systems.
D. Sharing of accounts
Sharing of a user’s account with another party for purposes of avoiding payment for a second account is strictly prohibited. Dial up accounts are limited to one login at a time.
E. Attempts to bypass resource usage limitations
In order to provide fair service to all REDBIRD users, REDBIRD has implemented certain resource limitations, the two most common being disk quotas on the servers, and idle time-outs on dial-ups. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges. Attempts to bypass the idle time-outs are also prohibited.
F. Excessive use of system resources
This segment can be broken down into two different parts, system and dial-up. For system purposes, this can be defined as the continued use of programs which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system. For dial-up purposes, this primarily prohibits the continued usage of a dial-up port to simulate a dedicated connection for the user’s home system. Dial-up accounts are designed to provide on-demand access for ACCOUNTHOLDERS, not dedicated connections. If a dedicated connection is desired, please contact REDBIRD.
G. E-mail Abuse
E-mail abuse typically comes in one of three forms: the transfer of a message to unsolicited individuals, the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.
H. Usenet News Abuse
Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
I. Pyramid/Money-Making schemes
Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
J. Pirated Software
Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on REDBIRD. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
V. Penalties for Abuse
A. All prohibited activities are subject to immediate termination of a user’s account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, REDBIRD reserves the right to disable the account immediately. Accounts which have been disabled by Administration for abuse will not be re-opened for a user. It is vital for REDBIRD to provide a quality service for all users, and REDBIRD will not tolerate users who, through their actions, hinder us in that endeavor. It is also important for REDBIRD to have a non- intrusive presence to the rest of the net, and thus prohibited activities which adversely affect users on other service providers and their associated networks. To this end, REDBIRD reserves the right to modify and/or disable user service at any such time abuse occurs.
B. REDBIRD will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
C. All REDBIRD Internet Users agree to indemnify and hold REDBIRD, its employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User’s violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the User’s dependents, or the infringement of any intellectual property or privacy right of any person or entity.
VI. Additional Policies
A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, REDBIRD reserves the right to add and enforce new policies.
B. While REDBIRD strives to provide local access to our ACCOUNTHOLDERS, REDBIRD cannot guarantee such service. It is the user’s responsibility to verify with the telephone carrier whether the calls made via the ACCOUNTHOLDER’s modem to access the Internet are local or not. REDBIRD makes no warranties as to whether REDBIRD can provide users with local Internet access numbers. Users are responsible for paying their own dial-up telephone charges for accessing the Internet as well as for contacting REDBIRD’s ACCOUNTHOLDER and/or Technical Support lines. REDBIRD WILL NOT REIMBURSE USERS FOR ANY LONG DISTANCE CHARGES.
VII. Limitation of Liability
REDBIRD’s liability under any circumstances is limited to the current month’s service charge.
THE REDBIRD INTERNET SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: THOSE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO REDBIRD INTERNET OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL REDBIRD INTERNET SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE REDBIRD INTERNET. NOR SHALL REDBIRD INTERNET BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND REDBIRD INTERNET’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO REDBIRD INTERNET RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL REDBIRD INTERNET’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT.
**. All policies stated herein are subject to change at REDBIRD’s sole discretion. ACCOUNTHOLDER shall be responsible for adhering to any new policies implemented by REDBIRD.
Copyright (C) 2003 Redbird Internet services. All rights reserved.