| This Acceptable
Use Policy applies to all persons and entities
(collectively, "customers") using the products
and services of GNAX including Internet
service. The policy is designed to protect
the security, integrity, reliability, and
privacy of both the GNAX network and the
products and services GNAX offers to its
customers. GNAX reserves the right to modify
this policy at any time, effective immediately
upon posting of the modification. Your use
of GNAX's products and services constitutes
your acceptance of the Acceptable Use Policy
in effect at the time of your use. You are
solely responsible for any and all acts
and omissions that occur during or relating
to your use of the service, and you agree
not to engage in any unacceptable use of
the service.
What Uses are Prohibited?
Unacceptable use includes,
but is not limited to, any of the following:
-
Posting, transmission,
re-transmission, or storing material
on or through any of GNAX's products
or services, if in the sole judgment
of GNAX such posting, transmission,
re-transmission or storage is: (a) in
violation of any local, state, federal,
or non-United States law or regulation
(including rights protected by copyright,
trade secret, patent or other intellectual
property or similar laws or regulations);
(b) threatening or abusive; (c) obscene;
(d) indecent; or (e) defamatory. Each
customer shall be responsible for determining
what laws or regulations are applicable
to his or her use of the products and
services.
-
Installation or distribution
of "pirated" or other software products
that are not appropriately licensed
for use by customer.
-
Deceptive marketing
practices.
-
Actions that restrict
or inhibit anyone - whether a customer
of GNAX or otherwise - in his or her
use or enjoyment of GNAX's products
and services, or that generate excessive
network traffic through the use of automated
or manual routines that are not related
to ordinary personal or business use
of Internet services.
-
Introduction of malicious
programs into the GNAX network or servers
or other products and services of GNAX(e.g.,
viruses, trojan horses and worms).
-
Causing or attempting
to cause security breaches or disruptions
of Internet communications. Examples
of security breaches include but are
not limited to accessing data of which
the customer is not an intended recipient,
or logging into a server or account
that the customer is not expressly authorized
to access. Examples of disruptions include
but are not limited to port scans, flood
pings, packet spoofing and forged routing
information. This also includes no IRC
on the network
-
Executing any form
of network monitoring that will intercept
data not intended for the customer.
-
Circumventing user
authentication or security of any host,
network or account.
-
Interfering with or
denying service to any user other than
the customer's host (e.g., denial of
service attack).
-
Using any program/script/command,
or sending messages of any kind, designed
to interfere with, or to disable a user's
terminal session.
-
Failing to comply
with GNAX's procedures relating to the
activities of customers on Cogent-owned
facilities.
-
Furnishing false or
incorrect data on the order form contract
(electronic or paper) including fraudulent
use of credit card numbers or attempting
to circumvent or alter the processes
or procedures to measure time, bandwidth
utilization or other methods to document
"use" of GNAX's products or services.
-
Sending unsolicited
mail messages, including the sending
of "junk mail" or other advertising
material to individuals who did not
specifically request such material,
who were not previous customers of the
customer or with whom the customer does
not have an existing business relationship
(e.g., E-mail "spam").
-
Harassment, whether
through language, frequency, or size
of messages.
-
Unauthorized use or
forging of mail header information.
-
Solicitations of mail
or any other E-mail address other than
that of the poster's account or service,
with the intent to harass or collect
replies.
-
Creating or forwarding
"chain letters" or other "pyramid schemes"
of any type.
-
Use of unsolicited
E-mail originating from within the Cogent
network or networks of other Internet
Service Providers on behalf of or to
advertise any service hosted by GNAX
or connected via the GNAX network.
-
Exporting, re-exporting,
or permitting downloads of any content
in violation of the export or import
laws of the United States or without
all required approvals, licenses and
exemptions.
No failure or delay in
exercising or enforcing this policy shall
constitute a waiver of the policy or of
any other right or remedy. If any provision
of this policy is deemed unenforceable due
to law or change in law, such a provision
shall be disregarded and the balance of
the policy shall remain in effect.
Abusable Resources
Upon notification of the
existence of an abusable resource (e.g.,
open news server, unsecured mail relay,
or smurf amplifier), the customer shall
immediately take all necessary steps to
avoid any further abuse of such resource.
Any abuse of an open resource that occurs
after the customer has received such notification
shall be considered a violation of this
policy and enforced as such.
Enforcement
GNAX may immediately suspend
and/or terminate the customer's service
for violation of any provision of this policy
upon verbal or written notice, which notice
may be provided by voicemail or E-mail.
Prior to suspension or termination, GNAX
attempts to work with our customers to cure
violations of this policy and ensure that
there is no re-occurrence; however, GNAX
reserves the right to suspend or terminate
based on a first offense.
Electronic Communications
Privacy Act Notice
GNAX makes no guarantee
of confidentiality or privacy of any information
transmitted through or stored upon GNAX
technology, and makes no guarantee that
any other entity or group of users will
be included or excluded from GNAX's network.
In addition, GNAX may periodically monitor
transmissions over its network for maintenance,
service quality assurance or any other purpose
permitted by the Electronic Communications
Privacy Act, P.L. No. 99-508, as amended.
Questions?
If you are unsure of whether
any contemplated use or action is permitted,
please contact GNAX at abuse@gnax.net |
