Acceptable Use Policy
This document sets forth Chicago InterFlash Networking, Inc. ("CIFNet") Network Abuse Policy ("Policy) and supersedes any other written or oral policy. CIFNet may modify this Policy from time to time as reasonably required. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Any activity or conduct that violates law, regulations or the accepted norms of the Internet community or may harm CIFNet's facilities, reputation, goodwill or Customer relations, whether or not expressly mentioned in this Policy, is strictly prohibited. CIFNet reserves the right at all times to revise its Network Abuse Policy and to take appropriate steps to address violations of that Policy as outlined in Section VI herein.
I. SYSTEM AND NETWORK SECURITY
It is CIFNet's goal to: (1) protect network resources, (2) preserve the privacy and security of CIFNet's network, (3) preserve the privacy and security of CIFNet's Customers' networks, and (4) maximize the utility of CIFNet and the Internet. (1) Customers may not: (i) tamper with other customers' accounts, systems and the like, (ii) commit unauthorized intrusion into any part of CIFNet's network or systems; or (iii) use any of CIFNet's machines, files, accounts, IP addresses, or systems to intrude without authorization into any other network.
(2) Customer may not use CIFNet services not included in Customer's account, nor circumvent security (or assist others to circumvent security) in order to access services for which the person accessing those services has not entered into a binding agreement with CIFNet. This includes, but is not limited to, the scanning of CIFNet's or other networks with intent to breach and/or evaluate security.
(3) Customer may not use CIFNet's network or systems in a manner that encumbers disk space, processors or other system resources beyond those allowed by Customer's specific type of account. Customers may not make deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.
(4) The use or attempted use of Internet services or systems without authorization is strictly prohibited. This includes, but is not limited to, password cracking, defrauding others into releasing their passwords, Denial of Service attacks, IP hijacking.
(5) Customers may not use CIFNet's network, machines, or services in any manner which violates the acceptable use policies of any networks, machines, or services which are accessed through CIFNet's network.
(6) Any activity that potentially could harm CIFNet's network, networks of CIFNet's customers, upstream networks or other networks.
(7) Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
(8) In the event that Customer's use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Network or its operations, CIFNet shall have the right to suspend the Service.
II. UNLAWFUL, HARMFUL OR OFFENSIVE COMMUNICATIONS
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of any Denial of Service attacks, piracy of software, or child pornography.
It is a violation of this policy for Customer knowingly to use the facilities of CIFNet to create, transmit, post or otherwise make available through the Internet any material that is unlawful, abusive or harmful to CIFNet's facilities, Customers, goodwill or reputation. Communications prohibited by this Policy include, but are not limited to materials that infringe copyright, trademark or other intellectual property; obscenity, indecency, or child pornography; and defamatory communications. Although it is not CIFNet's policy to monitor, censor or edit information made available through the use of its facilities, CIFNet reserves the right to take appropriate action, as described in Section VI herein, when it becomes aware of transmissions, postings or other communications that violate this Policy.
CIFNet has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCE”, commonly known as “Spam”) whether originating from customers, from customers' customers, or from customers that provide services which are used to support UBE/UCE.
(1) CIFNet's customers, and customers of customers or any downstream customers, are prohibited from sending and shall not allow their connection to CIFNet to be used for sending UBE/UCE. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at CIFNet's sole discretion, proof that permission was not obtained.
(2) CIFNet customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. CIFNet’s customers will be held responsible for all traffic either sent via their connection to CIFNet or sent elsewhere using support services provided via their connection to CIFNet. "Support services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
(3) Customer may not flood/spam newsgroups with commercial or non-commercial postings.
(4) CIFNet prohibits the transmission of e-mail to non-consenting recipients that is harassing, libelous, defamatory, threatening, abusive or hateful.
(5) The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.
(6) Customers may not forge header information.
(7) CIFNet prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.
(8) Customer may not host a publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason.
(9) Customer may not use the SMTP services of a third party for the purposes or relaying or sending electronic mail messages without the express permission of that third party.
(10) CIFNet, at CIFNet's sole discretion, may charge customer and customer shall pay $1000.00 per each valid UBE/UCE complaint of which CIFNet is notified.
(1) CIFNet does not control content in newsgroups.
(2) It is the responsibility of those persons who post messages to determine a newsgroup's etiquette. Customers that submit content to newsgroups should refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter of Frequently Asked Questions (FAQ). Message posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups.
(3) Customers are prohibited from forging header information and from posting chain letters of any type.
(4) Customers may only post binary files to newsgroups designed for that purpose.
(5) Customers may not cancel or supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their on-line responsibilities.
(6) CIFNet prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.
V. INTERNET RELAY CHAT (IRC)
Customers are obligated to abide by the rules set forth by the applicable IRC providers and to follow proper IRC etiquette.
CIFNet will not allow vanity IRC (reverse) DNS records.
CIFNet's procedure is to deal with each net abuse case on an individual basis. Based on an investigation and a determination of the nature and severity of the abuse, CIFNet may take immediate action, without prior notice, against any party or parties found in violation of this policy. Such action may include, but is not limited to, blocking of access to particular websites, newsgroups or other material found to violate the Network Abuse Policy, suspension or termination of Customer's service with CIFNet.
CIFNet wishes to emphasize that in signing Service Agreements, Customer shall indemnify CIFNet and its upstream providers. This means that if CIFNet is sued because of activities of the Customer, the Customer will pay any and all damages awarded against CIFNet, plus costs and reasonable attorneys' fees.