Acceptable use policy

InfoStructure offers its customers (“Customer”) the means to acquire and disseminate a wealth of public, private, commercial and non - commercial information. InfoStructure also wants its Customer to be informed of its rights and obligations - and those of InfoStructure – in connection with its use of any communications services (“Services”) offered by InfoStructure. This Acceptable Use Policy (“AUP”), which supplements the Service Agreement (“Agreement”)of the Customer, is intended as a plain English guide to those rights and obligations.

This AUP may be revised from time to time. Customer is responsible for monitoring this web site (http://www.infostructure.net) for changes. A Customer’s use of Services after chan ges to the AUP are posted on InfoStructure’s website will constitute the Customer’s acceptance of any new or additional terms of the AUP that result from those changes.

The fundamental fact about the Internet is that no one owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that InfoStructure cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that Customer may acquire. For this reason, the Customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.Because InfoStructure cannot monitor and censor the Internet, and will not attempt to do so, InfoStructure cannot accept any responsibility for injury to its Customer (or any of its end users or accounts holders) that results from inaccurate, unsuitable, offensive, illegal or unlawful Internet communications.

When Customer disseminates information through InfoStructure’s network, it also must keep in mind that InfoStructure does not review, edit, censor or take responsibility for any information its Customer may create. This places on Customer what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over InfoStructure facilities or the facilities of InfoStructure’s third party providers or peering partners, and may reach a large number of people, Customer‘s postings through communication services offered by InfoStructure’s network may affect other network users and may harm InfoStructure‘s goodwill, business reputation and operations and/or the goodwill, business rep utation and operations of InfoStructure’s third party providersor peering partners.

The bulleted actions described below are defined by InfoStructure as “system abuse” and are expressly prohibited under this AUP. The examples listed below are not exhaustive and are provided solely as guidance to the Customer.

In general, Customer may not use the InfoStructure network, machines or services in any manner which:

  • violates any applicable law, regulation, treaty or tariff

  • violates the acceptable use policies of any networks, machines, or services which are accessed through InfoStructure’s network

  • infringes on the intellectual property rights of InfoStructure or others;

  • violates the privacy of others

  • involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes; or

  • otherwise violates this AUP.

Prohibited activities also include, but are not limited to, the following:

  • attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);

  • falsifying header information, user identification or user information;

  • introduction of malicious programs into the network (e.g., viruses, worms, Trojan horses, etc.)

  • monitoring or scanning the networks of others without permission (e.g port scan)

  • attempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the Customer is not expressly authorized to access (e.g. hacking or cracking);

  • using any program/script/command, or sending messages of any kind, designed to interfere with a third party Customer terminal session, via any means, locally or via the Internet;

  • sending unsolicited commercial email or unsolicited bulk email (e.g. UCE, UBE, or spamming) through the InfoStructure Internet network; or sending unsolicited commercial or bulk email through another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by InfoStructure, including without limitation email, web, FTP and DNS Services. Without in any way limiting InfoStructure’s rights under the AUP and/or the Agreement, Customer who sends unsolicited commercial or bulk email agree to pay InfoStructure the cost of InfoStructure labor to respond to complaints, with a minimum charge of $200.00.

  • hosting websites that sell products or services that are used to gather email addresses or to assist in the sending of unsolicited email;

  • providing (with or without an associated fee) automated tools, software and/or support services that allow others to engage in spamming (e.g.,spamware);

  • maintaining an open relay mail server;

  • collecting e-mail addresses from the Internet for the purpose of sending unsolicited e-mail or to provide collected addresses to others for that purpose (e.g., data base scraping and/or database harvesting);

  • transmitting or receiving copyright infringing material, including but not limited to copyrighted music, video, software, books, programs or other published material.

  • transmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material.

  • Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

  • Other Activities, whether lawful or unlawful, that InfoStructure or any of its third party providers or peering partners determines to be harmful to its Customer, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Customer. InfoStructure will not, as an ordinary practice, monitor the communications of Customer to ensure of compliance with InfoStructure policy or applicable law. When InfoStructure becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, InfoStructure may take any action tostop the harmful activity, including but not limited to: filtering; denying access to InfoStructure Services; suspending or terminating the Services access of Customer; and/or taking any other actions as deemed appropriate by InfoStructure. InfoStructure shall have the sole discretion to determine which action is appropriate under the circumstances. InfoStructure may take action immediately without regard to any cure periods that may be set forth in the Customer’s applicable Agreement. InfoStructure shall have the sole right to interpret the meaning of any provision of this AUP or whether a Customer’s or any of its end -user’ s or account holder’s activity violates this AUP.

Customers who violate this AUP may incur criminal or civil liability. InfoStructure may refer violators to civil or criminal authorities for prosecution, and willcooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

InfoStructure also is aware that many of its Customers are, themselves, providers of communications services, and that information reaching InfoStructure‘s facilities from those Customers may have been originated by end users, account holders or customers of those Customers or other third parties. The provisions of this AUP (as such AUP may be revised by InfoStructure from time to time), apply to InfoStructure’s Customer’s end users, account holders and customers. InfoStructure Customers who provide services to their own users and customers must affirmatively and contractually pass on the restrictions ofthis AUP to its users and customers and take steps to ensure compliance by their users and customers with this AUP, including without limitation the ability to terminate the Internet access of its end users, account holders or customers for violations of this AUP. InfoStructure Customers who provide services to their own users also must maintain valid postmaster and abuse email addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through InfoStructure’s network for which DNS responsibility has been delegated to the customer,maintain accurate contact information with the appropriate domain and IP address registrars, take reasonable steps to prevent IP spoofing by their user sand downstream customers, provide 24/7 contact information to InfoStructure for dealing with security and abuse issues and act promptly to ensure that users are in compliance with the AUP. Reasonable steps include, but are not limited to, using IP verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate. Failure to cooperate with such corrective and preventive measures is a violation of InfoStructure policy. Not with standing anything herein to the contrary, a violation of this AUP by a Customer, account holder or end - user of any Customer shall be considered a violation of this AUP by such Infostructure Customer and InfoStructure may take immediate action, without regard to any cure periods in the Customer’s applicable Agreement,in response to such violation, including without limitation termination of the Customer’s Services under the Agreement.

Usenet Newsgroups: InfoStructure places the following restrictions on newsgroup postings by its users.

InfoStructure also is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, InfoStructure urges its Customers to assume that all of their on - line communications are insecure. InfoStructure cannot take any responsibility for the security of communications transmitted over InfoStructure’s facilities. InfoStructure will comply fully, however, with all applicable laws concerning the privacy of its Customers’ on - line communications. In particular, InfoStructure will not intentionally monitor or disclose any private electronic mail messages sent or received by its Customers unless required to do so by law. InfoStructure may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, InfoStructure may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, InfoStructure may disclose information transmitted over its facilities where necessary to protect InfoStructure and its Customers from harm, or where such disclosure is necessary to the proper operation of the system.

Digital Millennium Copyright Act Policy – It is the policy of InfoStructure to respond expeditiously to claims of intellectual property infringement. InfoStructure will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium and Copyright Act (“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed to InfoStructure at the following address: legal@infostructure.net.

To contact InfoStructure with any questions, comments about the AUP or any claimed violations of this AUP, please email InfoStructureat: legal@infostructure.net.