Introduction

Most Service Providers have specific guidelines pertaining to general use of the Internet. As the Internet expands, it is increasingly common for an Internet Service Provider, such as VPSFX, to be blocked from use of another organization's systems due to violations of that system's AUP. Because VPSFX runs multi-user systems, client actions can have a severe impact on other clients' ability to use the system(s). This is unfair to all VPSFX users. To this end, VPSFX has developed these Acceptable Use Policies. They are intended to inform Client of what VPSFX considers to be acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that VPSFX becomes aware of inappropriate use of its service. This AUP will be used to help VPSFX's system administrators deal with complaints from users of VPSFX or other Internet-connected systems, and to determine when action should be taken. It is expected that Client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of VPSFX's technical resources, its ability to continue to provide high quality service to Client, and to protect VPSFX's reputation as a service provider.


Security

Client is responsible for all use of Client's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. VPSFX will suspend or change access to Client's account(s) immediately upon notification by Client that Client's password has been lost, stolen or otherwise compromised. VPSFX is not liable for any usage and or charges prior to VPSFX making the necessary account alteration. Electronic mail on this system is as private as VPSFX can make it. Client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted . and even encrypted information is only as secure as the encryption method utilized.


Non-Transferability of Account

The right to use VPSFX's services is not transferable. Use of VPSFX's accounts is expressly limited to the Client whose name appears on the contract


Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by VPSFX and may result in termination of any and all accounts held by the individual, corporation, or Web site associated with these violations. Client will also be held responsible for the actions of Client's business relationships (Referrers, Associates, etc.) that impact VPSFX. Client's cooperation is necessary to ensure that those involved in these relationships comply with VPSFX's AUP and those of VPSFX's providers. If they violate any of the following policies, VPSFX expects Client to make certain that they immediately cease the non-compliant action or that Client discontinues Client's association with them. Continuing violations by Client's business relationships may result in VPSFX at its discretion having to terminate VPSFX's agreement with Client.


Spamming or Harassment

  • Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
  • Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
  • Engaging in either (A.) or (B.) from a provider other than VPSFX to draw attention to a Web site housed within VPSFX's networks or covered by VPSFX's agreement with Client.
  • Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by VPSFX.
  • Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.
  • Impersonating another user or otherwise falsifying one's user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)

Unsolicited Bulk Email (UBE):

Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes towards VPSFX, but also because it can overload VPSFX's network and disrupt service to VPSFX's clients. Maintaining an open SMTP relay is likewise prohibited. Both "opt in" and "double opt in" bulk mailing are prohibited. When a complaint is received, VPSFX has the discretion to determine from all of the evidence whether the client has violated this policy, and in its sole discretion may terminate a client's account. Significant spam complaints within the first month of service will result in immediate service suspension.


Network Unfriendly or Illegal Activity

  • Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
  • Attempts to interfere with the regular workings of VPSFX's systems or network connections or which adversely affect the ability of other people or systems to use VPSFX's services or the Internet.
  • Any unauthorized attempts by a client to gain access to any account not belonging to that client on any of VPSFX's systems.
  • Any activity, which violates any local, state, U.S., or international law or regulation.
  • Repeated submissions of transactions to VPSFX utilizing the same or similar IPs with varying identification information.

DNS

All non-essential DNS services must be turned off, this include recursion.


Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.


Violation of VPSFX's Policy

  • Any attempt to bypass or remove VPSFX's name, logo, or customer support link from any page from VPSFX's servers.
  • The posting or display of any image or wording related to any Web site running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
  • Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening.
  • Reproduction, storage, or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. VPSFX makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law.

Compliance with Rules of Other Networks

Any access to other networks connected to VPSFX's Internet service must comply with the rules for that network as well as with VPSFX's rules.


Monitoring/Privacy

VPSFX reserves the right without Client's permission to monitor any and all communications through or with its facilities as well as all Clients. sites for compliance with this AUP and VPSFX's Terms and Conditions. Client agrees that VPSFX is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for VPSFX's employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.


Cooperation with Authorities

VPSFX reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.


Confidentiality of Personal Subscriber Information

VPSFX will not release any client or customer personal information, to any third party except upon presentation of a valid court order or other request to which VPSFX is legally required to respond. Client agrees that VPSFX's judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.


VPSFX's Right to Modify These Acceptable Use Policies

VPSFX may modify these Acceptable Use Policies on its website in any way, at any time. It is Client's responsibility to review the AUP on the Web site on a regular basis to ensure compliance with the latest version of this AUP. Client's use of VPSFX's services after such changes have been posted shall constitute Client's acceptance of the modifications to these policies.

Any complaints about a client's violation of the AUP should be sent to abuse@vpsfx.com.