Belnet Internet Strategies

Acceptable Use Policy

Version: 1.0
Effective Date: 1-1-2000
AUP 1.0 preempts all prior versions

Your use of Belnet constitutes your acceptance of the terms and conditions of this Agreement and of the Service Agreement.

1. Introduction

This Acceptable Use Policy (AUP) applies to all customers of Belnet Internet Strategies, Inc., and is intended to provide a general understanding of Belnet's policy on the acceptable use of Belnet Internet services. It is designed to help protect our service, our customers and the Internet community from irresponsible or illegal activities. Belnet expects that common sense and good judgment will guide all of our subscriber's activities on the Internet.

Belnet provides data transport and storage services. Information available on Belnet's network is the property of Belnet, its information providers or other customers. Belnet does not accept responsibility for the content of the materials and information published by others which are accessible through the Belnet Internet connection and does not accept responsibility for the violation of any laws resulting from such publication.

All users of Belnet's services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, export controls, treaties and international law.

Use of Belnet's services constitutes on the part of such user acceptance of and agreement to abide by all of the policies of Belnet, including this AUP, as such policies may be modified by Belnet at any time and from time to time, and to use such services for lawful purposes in compliance with all applicable laws. Use of Belnet's services is at the risk of the subscriber.

Electronic Communications Privacy Act Notice (18 USC 2701-2711) BELNET MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. BELNET SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON BELNET'S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY BELNET, OR OTHERWISE CONNECTED WITH USE OF THE BELNET NETWORK.

2. Policies

2.1. Belnet accounts may be used only by the authorized owners of the accounts, except where specifically authorized by Belnet system administrators. Revealing your account username or password to others or allowing use of your account by others is prohibited. At no time can there be simultaneous use of the same account username and password combination without prior permission from the Belnet system administrators.

2.2. Resale, trade, or transfer any account without express written consent from Belnet is prohibited. Attempting to obtain access beyond that for which a customer is authorized will be grounds for immediate termination of such customer's account

2.3. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the Belnet network to gain unlawful or unauthorized entry to another machine on the Internet; use of a Belnet account to or attempt to alter or destroy data belonging to Belnet Internet or another user on any computer network; and use of the Belnet system as a staging ground to "crack" other systems will be grounds for immediate termination of such customer's account.

2.4. Transmission, redistribution, reproduction or commercial exploitation of information available on Belnet's network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such customer's account.

2.5. Abusive or inappropriate use of any Belnet Internet service, including any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user from accessing the Internet, interferes with the proper operation of Belnet's network or impairs the availability, reliability or quality of Belnet service for other customers will be subject to the sanctions described below.

2.6. It is also contrary to the specific policies of Belnet for any user to effect or participate in any of the following activities:

2.6.1. using an account to offer any public information service, such as running a web server or FTP server, without the written consent of Belnet;

2.6.2. exporting software or technical information in violation of U.S. export control laws;

2.6.3. making fraudulent offers of items, products, or services originating from a customer's account;

2.6.4. using non-authorized relays through any third party systems;

2.6.5. "flooding" or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service (DoS);

2.6.6. storing or distributing on Belnet servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;

2.6.7. using programs such as packet sniffers, host and/or service monitoring or other similar programs; and

2.6.8. engaging in any of the above activities using the service of another provider but channeling such activities through a Belnet account or re-mailer or using Belnet account as a mail drop for responses.

2.7. Belnet servers
2.7.1. Restrictions exist for running programs on any Belnet server. Installing, compiling, or running any program or script on a Belnet server must be inspected and permitted by a Belnet systems administrator.

2.7.2. Exploiting or attempting to exploit any security hole on any Belnet server or hardware shall be deemed a breach of security and will be grounds for immediate termination of such customer's account. Users should be aware that Belnet views such activities very seriously and may disclose prohibited activities to law enforcement agencies

2.7.3. IRC bots, password crackers, and any programs listening for network connections, or the existence of source code, binaries, or scripts of any such program on any Belnet server shall be deemed a breach of security and will be grounds for immediate termination of such customer's account.

2.8. Email, Newsgroups and Internet Relay Chat
2.8.1. Email is a person-to-person medium and not a broadcast medium. Harassing others by "mail-bombing" or "spamming", which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than ten (10) similar mail messages to the same email address, or 10Mb of data to a newsgroup is grounds for termination of a customer's account. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats, is also strictly prohibited and is grounds for termination.

2.8.2. Not every "flame" message or angry exchange of email or newsgroup posting can automatically be considered harassment. Belnet is not responsible for the content or tone of any email or other transmissions of the subscribers to its service or other parties using the Internet, and subscribers or others should not expect that Belnet will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. Only the Belnet Internet news administrator may create new Usenet groups. Any abuse of this policy will result in a customers account being disabled and all other previous agreements rendered null and void.

2.8.3. Certain restrictions relating to newsgroup postings have been established by Usenet and are respected by Belnet. Customers of Belnet unconditionally agree to abide by such restrictions, protocols and policies in using their accounts.

2.8.4. The following activities are specifically prohibited by Belnet in connection with the use of email, newsgroup or IRC services Belnet provides:

2.8.4.1. distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";

2.8.4.2. sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using Belnet Internet's email address to collect responses from unsolicited email;

2.8.4.3. attempting to impersonate any person, using forged email or Usenet headers or other identifying information;

2.8.4.4. using an email box exclusively as a storage space for data, which includes a mailbox exceeding 10MB or which has not been accessed for more than one (1) month;

2.8.4.5. using a news server for software distribution, cross-posting messages to more than 10 newsgroups and posting off-topic messages and advertising to newsgroups;

2.8.4.6. posting frivolous, excessively vulgar or repetitious messages to newsgroups;

2.8.4.7. posting binary or excessively large unrelated text files to non-binary newsgroups that have specifically requested such material not to be posted in the group's FAQ;

2.8.4.8. installing "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others;

2.8.4.9. transmitting blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroups' topics; and

2.8.4.10. using IRC bots in violation of any accepted policies on IRC servers.

2.9. Hosting
2.9.1. Users of Belnet's hosting services, not Belnet under any circumstances whatsoever, are responsible for the content of their sites and obtaining all required legal permissions for the use of such content. Each such user must accept responsibility for the publication of any defamatory, pornographic, confidential, secret or proprietary material. Belnet reserves the right to remove any material from any site without notice.

2.9.2. Free personal web sites are limited to five (5) Mb in size and to one gigabyte (1000 megabytes) per month in traffic. User homepages in excess of this transfer limit will be charged $35 per additional gigabyte. Users in excess of the size limitation will be charged $1 per megabytes per month.

3. Subscribers' Responsibilities 3.1. All Belnet customers and advertisers who publish materials and information which are accessible through the Belnet Internet connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information.

3.2. Each account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password, and for charges incurred by a person who has obtained such account holder's username and/or password prior to such account holder's notification to Belnet of such fact.

3.3. Each account holder is responsible for the payment of all local and long distance telephone charges. Users are also solely responsible for determining if the access telephone number being used is a local call and for keeping track of their own on-line connection time. Users are responsible for the files residing in their accounts, including the back-up of such files.

3.4. It is the account owner's responsibility, if desired, to make use of available tools to screen an account's access to newsgroups considered offensive.

3.5. Any permitted customers of Belnet's customers are bound by same restrictions as Belnet's customers, including this AUP.

4. Actions by Belnet for Noncompliance or Violation 4.1. Certain of the activities set forth above cause alarms that could require Belnet to take action. Account holders should be aware, however, that normal use and software will not set off such alarms.

4.2. Use of a Belnet account or service in an illegal manner is grounds for immediate termination of such account. Users should be aware that Belnet views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom Belnet will fully cooperate. Belnet will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.

4.3. Belnet reserves the right to conduct its own investigation of suspected violations of this AUP.

4.4. In addition to the other actions described herein, Belnet may take one or more of the following specific actions:

4.4.1. delete files if the storage fee is due and unpaid, if such files have not been accessed for more than one (1) month or if such files exceed the permitted size;

4.4.2. disable a customer's account if irresponsible newsgroup postings by such use result in large numbers of complaints to a Belnet Internet news administrator;

4.4.3. for each day upon which a user transmits the same or substantially similar messages to 50 or more recipients or 15 or more newsgroups, charge $10 per day for intentional violations, which may be waived if accidental, and $200 per day for willful violations;

4.4.4. charge any account holder who uses such account to transmit unsolicited, commercial email, $300 per violation or aggregate of violations;

4.4.5. log instances of abuse;

4.4.6. where feasible, implement technical mechanisms which block multiple postings to newsgroups;

4.4.7. change an account holder's password to maintain integrity of the network; and

4.4.8. terminate the account if an offending customer has caused Belnet to be banned from any server.

4.5. Untimely payment of any and all amounts due may result in account cancellation and the incidence of additional charges. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by Belnet.

4.6. Each account holder understands and acknowledges that Belnet has the right to terminate any account for any reason that Belnet interprets as an abuse of the account and such account holder will be liable for any and all costs incurred by Belnet as result of such abuse. The sole remedy for such termination is the return of the amount of any prepaid but unused services.

4.7. Belnet will review alleged violations of this AUP on a case-by-case basis. Violations which are not promptly remedied may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. Belnet's decisions in all such matters are final. Belnet does not assume any liability to any account holders, users or others for its failure to enforce this AUP.

4.8. Nothing herein is to be construed to limit Belnet's remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.

5. Contacts 5.1. Also, each account holder must immediately notify Belnet at any of the foregoing addresses of any unauthorized use of such account holder's account, of any breach or attempted breach of security, if it is believed that such account holder's password has been compromised or of any other violations of this AUP.

5.2. If you have any questions with respect to this AUP, please contact Belnet, Inc. at 9159 Sugarbrook Ct., Centerville, OH 45458, Attention: Director, Systems and Applications, or by telephone at (937) 291-9775 or by email at the email address found at http://www.belisp.com/ which is Belnet's homepage.

BELNET RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND FROM TIME TO TIME.