ACCEPTABLE USE POLICY
Background
TrekCom Acceptable Use Policy (AUP) is designed to provide a clear
understanding of the rules, regulations and restrictions regarding the
use of TrekCom services. From time to time TrekCom may impose reasonable
rules and regulations regarding the use of its services. The AUPs are
not exhaustive and TrekCom reserves the right to modify the AUPs at any
time, effective upon either the posting of the modified AUPs to
www.TrekCom.net or notification of the modified AUPs.
By registering for and using the services, and thereby accepting the
terms and conditions of the Terms of Service Agreement or its
equivalent, you agree to abide by the AUPs as modified from time to
time. Any violation of the AUPs may result in the suspension or
termination of your account or such other action as TrekCom deems
appropriate. An unlisted activity may also be a violation of the AUPs if
it is illegal, irresponsible, or disruptive use of the Internet. No
credits will be issued for any interruption in service resulting from
policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM
TrekCom. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF
THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD
OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT
LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN
NAMES. IT IS TrekCom'S POLICY TO TERMINATE REPEAT INFRINGERS. TrekCom
RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security
affecting servers under customer control. If a customer's server is
involved in an attack on another server or system, it will be shut down
and an immediate investigation will be launched to determine the
cause/source of the attack. In such event, the customer is solely
responsible for the cost to rectify any damage done to the customer's
server and any other requirement affected by the security breach. The
labor used to rectify any such damage is categorized as emergency
security breach recovery and is currently charged at $195 USD per hour.
Inquiries regarding security matters may be directed to
abuse@TrekCom.net
System and Network Security Violations of system or network security
are prohibited, and may result in criminal and civil liability. TrekCom
may investigate incidents involving such violations and may involve and
will cooperate with law enforcement if a criminal violation is
suspected. Examples of system or network security violations include,
without limitation, the following:
* Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without express authorization of the owner of the system or network.
* Unauthorized monitoring of data or traffic on any network or
system without express authorization of the owner of the system or
network.
* Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
* Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. H
* High-risk services, which are services which tend to attract
denial of service attacks, are strictly prohibited. This includes, but
is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for
the cost of labor to clean up and correct any damage done to the
operation of the network and business operations supported by the
network, and to respond to complaints incurred by TrekCom. Such labor is
categorized as emergency security breach recovery and is currently
charged at $195 USD per hour required. Inquiries regarding security
matters may be directed to abuse@TrekCom.net. TrekCom is concerned with
the privacy of online communications and web sites. In general, the
Internet is neither more nor less secure than other means of
communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter
of prudence, however, TrekCom urges its customers to assume that all of
their online communications are insecure. TrekCom cannot take
responsibility for the security of information transmitted over TrekCom
facilities.
Password Protection
The customer is responsible for protecting customer's password and for
any authorized or unauthorized use made of customer's password. The
customer will not use or permit anyone to use TrekCom’ service to guess
passwords or to access other systems or networks without authorization.
TrekCom will fully cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
Contact Information
Customers are responsible for maintaining their contact information in
the ticketing system such that the email address is always reachable
even in the event of their TrekCom servers being shut down.
Internet Etiquette
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The customer will comply with the rules
appropriate to any network to which TrekCom may provide access. The
customer should not post, transmit, or permit Internet access to
information the customer desires to keep confidential. The customer is
not permitted to post any material that is illegal, libelous, and
tortuous, indecently depicts children or is likely to result in
retaliation against TrekCom by offended users. TrekCom reserves the
right to refuse or terminate service at any time for violation of this
section. This includes advertising services or sites via IRC or USENET
in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The TrekCom network may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of United States or state regulation or law, or by the common
law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or other intellectual
property rights. Making unauthorized copies of software is a violation
of the law, no matter how many copies you are making. If you copy,
distribute or install the software in ways that the license does not
allow, you are violating federal copyright law. If caught with pirated
software, you or your company may be liable under both civil and
criminal law, and you may be fined up to $250,000 and/or receive up to 5
years in jail. In compliance with the Digital Millennium Copyright Act
(the "DMCA"), please send DMCA notifications of claimed copyright
infringements to abuse@TrekCom.net.
Network Responsibility
Customers have a responsibility to use the TrekCom network responsibly
which includes, but is not limited to, respecting the other customers of
TrekCom. TrekCom reserves the right to suspend and or cancel service
with any Customer who uses the TrekCom network in such a way that
adversely affects other TrekCom customers. This includes but is not
limited to:
* Attacking or attempting to gain unauthorized access to servers
and services that belong to TrekCom or its customers (i.e. computer
hacking), and/or
* Participating in behavior which results in reprisals that
adversely affect the TrekCom network or other customers' access to the
TrekCom network.
TrekCom will react strongly to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include, but are not limited to, "Internet Scanning" (tricking other
people into releasing their passwords), password robbery, and security
hole scanning, port scanning, etc. Any unauthorized use of accounts or
computers by a TrekCom customer, whether or not the attacked account or
computer belongs to TrekCom, will result in severe action taken against
the attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the
seriousness of the attack. Any attempt to undermine or cause harm to a
server, or customer, of TrekCom is strictly prohibited.
Violations of this policy may be reported directly to the FBI's
Infrastructure Protection & Computer Intrusion Squad at
http://www.fbi.gov/programs/ipcis/ipcis.htm. TrekCom will cooperate
fully with any civil and/or criminal litigation arising from the
violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any applicable law, regulation, or AUP is prohibited. This
includes, but is not limited to:
* Copyrighted material or material protected by trade secret and
other statute or dissemination of harmful or fraudulent content.
* Using any TrekCom service or product for the purpose of
participating in any activity dealing with subject matters that are
prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a
violation of federal export restriction in connection with use of
TrekCom services or products is prohibited. Using the TrekCom network to
solicit the performance of any illegal activity is also prohibited,
even if the activity itself is not performed. In addition, knowingly
receiving or downloading a file that cannot be legally distributed, even
without the act of distribution, is prohibited.
Servers hosted within TrekCom network are open to the public. You are
solely responsible for your usage of the TrekCom network and servers and
any statement you make on servers hosted within the TrekCom network may
be deemed "publication" of the information entered. Acknowledging the
foregoing, you specifically agree not to use our service in any manner
that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. TrekCom will
cooperate fully with any criminal investigation into any customer's
violation of the Child Protection Act of 1984 concerning child
pornography. Customers, if they are resellers, are ultimately
responsible for the actions of their clients over the TrekCom network,
and will be liable for illegal material posted by any of their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a person under
the age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years.
Violations of the Child Protection Act will be reported to the U.S. Customs Agency at 1-800-BEALERT.
Adult Content on the Internet
TrekCom will provide notification and will inform any customers in
writing of improper materials on our servers. TrekCom reserves the right
to disconnect any customers immediately. Legal adult content is
permitted on the network.
Commercial Advertisements with E-mail
TrekCom takes a zero tolerance approach to the sending of Unsolicited
Commercial E-mail (UCE) or SPAM over our network. Very simply, this
means that customers of TrekCom may not use or permit others to use our
network to transact in UCE. Customers of TrekCom may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including
termination of service.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic. This
includes commercial advertisements and informational messages sent to
recipients via electronic mail (email) as well as off-topic messages
posted in Usenet discussion groups where the recipient has not requested
or invited the message. Mailing lists must be true opt-in mailing
lists. Before sending any email to a listed user, a confirmation email,
with a tracking number, must be sent to the new subscriber, to which
they must respond with a confirmation that they wish to be added to the
list. You must keep these confirmations on file, so that in the case
that a spam complaint is made against you, you have proof that the user
did indeed opt-in. In addition, you must provide at least one easy way
to opt out; see the MAPS guidelines
(http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests
must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of TrekCom are strictly prohibited from using or
permitting others to use UCE or SPAM over our network. As our customers,
if they are resellers, are ultimately responsible for the actions of
their clients over the TrekCom network, it is advisable that customers
develop a similar, or stricter, policy for their clients.
Violation of TrekCom SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, TrekCom
will initiate an immediate investigation (within 48 hours of
notification). During the investigation, TrekCom may restrict customer
access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, TrekCom may, at its sole
discretion, restrict, suspend or terminate the customer's account.
Further, TrekCom reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. TrekCom will notify law enforcement officials if the
violation is believed to be a criminal offense.
USENET
Posting the same messages to multiple newsgroups (excessive
cross-posting or multiple-posting, also known as "SPAM") is expressly
prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR
ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN TrekCom CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY
BY SUCH CUSTOMER OR END USER. WE RESERVE THE RIGHT TO LEVY FINES OF $500
to $5000 US$ PER INCIDENCE OF ANY VIOLATION OF OUR POLICIES.
For Example: If you are hosting a bulk email site on TrekCom servers
and you use another ISP to SPAM from in order to reference your TrekCom
site by IP address or domain name, you are violating TrekCom policy and
possibly the law. If you have been granted telnet access to TrekCom
servers, multiple telnet log-ons are strictly prohibited and you must
come from a valid IP address. Forgery is against the law. Any type of
denial of service attack from valid or invalid addresses is a violation
of TrekCom security policy and against the law. If you have been granted
password privileges for FTP or telnet, sharing your password with an
unauthorized user or third party is strictly prohibited. Violation of
TrekCom SPAM policy may be reported to abuse@TrekCom.net.
IP Address Overlap
TrekCom administers the network on which customer servers reside. The
customer cannot use IP addresses which were not assigned to them by
TrekCom’ staff. Any server found using IP’s which were not officially
assigned will be suspended from network access until such time as the IP
address overlap can be corrected.
IRC
TrekCom does not allow the use of IRC on the TrekCom network. This
includes, but is not limited to, the use of IRC clients, server
software, bots or anything related to IRC. Violators' servers will be
immediately suspended.
Network Performance
TrekCom accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may
result in termination of a customer account.
You may not use network-intensive programs, such as peer-to-peer or
audio/video streaming applications, which negatively impact other
customers or the performance of TrekCom systems or networks. TrekCom
reserves the right to terminate or limit such activities.
Billing
The customer understands that the customer is responsible for paying for
any network resources that are used to connect the customer's server to
the Internet. Pursuant to TrekCom’ Terms of Service, the customer may
request that the customer's server be disconnected from the Internet,
but the customer will still be responsible for paying for any network
resources used up to the point of suspension or cancellation.
Suspension
TrekCom reserves the right to suspend network access to any customer if,
in the judgment of the TrekCom network administrators, the customer's
server is the source or target of the violation of any of the other
terms of the AUPs or for any other reason which TrekCom reasonably
chooses, including but not limited to nonpayment. If inappropriate
activity is detected, all accounts of the customer in question will be
deactivated until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for
the time the customer's machines were suspended. The customer’s account
with TrekCom will, however, be credited on a prorated basis for the time
the Customer's machines were suspended, based on the monthly fees the
Customer pays for the servers that are suspended.
Cancellation
TrekCom reserves the right to cancel service at any time. If
inappropriate activity is detected, all accounts of the customer in
question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. All fees paid in
advance of cancellation are non-refundable if TrekCom institutes its
right of cancellation. Any violation of policies which results in extra
costs will be billed to the customer (i.e. transfer, space etc.).
Indemnification
The customer acknowledges its indemnification obligations under the
TrekCom Terms of Service. Violations of this AUP may result in
significant civil and criminal liability of customer.
Disclaimer of Responsibility
TrekCom is under no duty to look at each customer's or user's activities
to determine if a violation of the AUPs has occurred, nor do we assume
any responsibility through our AUPs to monitor or police
Internet-related activities. TrekCom disclaims any responsibility for
any such inappropriate use and any liability to any person or party for
any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of TrekCom must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED
VIOLATIONS OF THESE AUPs BY YOU.
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