Acceptable Use Policy Last Modified: 10/10/06 Introduction This AUP sets forth provisions of acceptable use of Rudra Softwares ("RS") products and services. All RS users are required to comply with this policy, along with any and all applicable laws and regulations in full. This is in addition to any terms and conditions of applicable agreements. RS works to provide its customers with the highest quality services available, while respecting the standards that have been created both by the Internet community, and through legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated by RS. RS reserves the right to modify this AUP from time to time, without notice. Users are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to email@example.com RS exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including RS customers, who publish material or information made accessible through RS networks are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. RS will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.
Responsibilities General In addition to being responsible for their own actions, each RS customer is responsible for the activities of its customer base or end-users and, by accepting service from RS, agrees to inform its customers and/or end-users of this AUP or its own AUP, which must not be inconsistent with the terms herein. RS customers may not misrepresent themselves to be someone they are not. Use of an identity other than one's own (i.e. an alias or identity theft), or use of a stolen or fraudulent credit card, is grounds for immediate termination. Configuration All systems which are connected to RS's network shall be configured in accordance with industry standards, applicable laws, and regulations; and, in particular, must conform with approved RFC standards documents, which are published periodically by the IETF: http://www.ietf.org/rfc.html. Systems on RS's network may not be configured in any way which obscures system identification information. Proxy servers of any kind must be configured to prevent unauthorized use. Reporting Customers of RS are responsible for immediately reporting any issue which could compromise the stability, service or security of any user or system connected to RS's network. Prohibited Use These lists are intended to illustrate some, but not all, inappropriate and improper conduct, which are prohibited by RS Networks. Illegal Use RS's services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. RS customers may not abuse or fraudulently use RS products and services, nor allow nor permit such use by others. Child Pornography It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, sexually explicit visual depiction of children. Abuse The following general actions are considered "abuse" and are prohibited: General: Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). RS reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations. Distribution of Viruses: Intentional or unintentional distribution of software that attempts to cause damage or annoyance to persons, data, or computer systems. Fraudulent Activities: Intentional misrepresentation or misleading statement or activity made with the intent that the person receiving it will act upon it; or attempting to obtain service by any means with intent to avoid payment (E.g. "phishing"). Cracking: Attempting to circumvent authentication or security of any host, network, or account. Unauthorized Access to Other Computers, Accounts, or Networks: Attempting to access any computer resource belonging to another party, or attempting to penetrate security measures of other systems, including unauthorized monitoring or scanning of the networks of others. Network Sabotage: Any use of RS products and services to interfere with the use of Internet resources or RS's network by other customers. Pyramid Schemes: A fraudulent system of achieving financial gain which requires an endless stream of recruits for success. Unlawful Acts: Any use of RS products and services to violate the law or in aid of any unlawful act. Security RS users are expected configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), as well as fixing the exploited system. Customers may not interfere with services (e.g. a DoS Attack), whether intentionally or through neglect, of any other host, or network. The prevention of "unintentional attacks", such as infection by and propagation of computer viruses, are the responsibility of every user. Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into RS's network (i.e. in the form of incorrect routing or DNS information). Traffic Filtering and Blocking RS Networks reserves the right to filter and/or block any traffic pattern and/or content that is deemed as malicious in nature or violates this AUP. Traffic filtering and/or blocking may be handled either by manual or automated means however an action is not guaranteed. RS Networks will attempt to notify a customer in the event that traffic is filtered or blocked, however notification is not guaranteed. Email Users are prohibited from engaging in improper use or distribution of email. Users are strictly prohibited from engaging in any of the following activities: Sending UBE("spam") for any purpose whatsoever. Having third parties send out UBE on any user's behalf ("spamvertizing").
Mass or commercial email may be sent only to recipients who have expressly requested receipt of such emails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations ("confirmed opt-in") must be adhered to in their entirety for any mass or commercial email to be considered permitted by RS.
- Using RS facilities to receive replies from unsolicited emails ("drop-box" accounts).
- Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay"). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization. (E.g. SMTP AUTH)
Note: RS discourages the sending of bulk mail, and only permits such mailings in rare cases, and then only after Confirmed Opt-In has been verified.
In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, RS considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.
Suspension and Termination
RS may immediately suspend or terminate the service of a customer as a result of the violation of any part of this policy through verbal or written notice, which may be provided through email or voicemail. Generally, RS will work to resolve violations of this AUP and ensure there are no future violations; however, RS reserves the right to suspend or terminate service based on the first violation.
Customers who violate any of the provisions of this policy may incur "clean-up" fees to cover the costs of handling AUP violations, complaints, and technician expenses. The amount of the fees may vary, but will be commensurate with the violations.
Disclaimer of Liability
RS has no practical ability to restrict conduct, communications or content which might violate this AUP prior to its transmission on RS's network. In addition, RS cannot guarantee removal of any such communications or content after transmission. Therefore, RS does not assume liability to customers or others for any failure to enforce the terms of this AUP. Further, RS's failure to enforce this policy in any instance in which it might have application does not constitute a waiver of RS's rights.