Acceptable Use Policy
Tracent, a division of InternetServe, Inc. ("Tracent") has established this Acceptable Use Policy for the purpose of governing the responsible use by Tracent's customers and other parties (collectively, "Users") of the services provided by Tracent.
A User may use the Tracent network, including any websites operated by Tracent (the "Tracent Network"), only for lawful purposes. A User shall not use the Tracent Network for the purpose of transmitting storing or otherwise dealing with material: (a) in a manner that violates any applicable law, rule, statute or regulation (b) in a manner that infringes the intellectual property rights of others or any privacy, publicity or other personal rights of others, (c) in a manner that is obscene, threatening, abusive or otherwise antisocial or (d) which contains a virus, worm, or other harmful component.
A User may not send unsolicited e-mail messages, such as bulk commercial advertising or informational announcements ("spam") in a manner that could be reasonably expected to adversely impact the Tracent Network. Examples of such practices include, but are not limited to using an e-mail account to send spam, or using another provider to send spam or to promote a site hosted on or connected to the Tracent Network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
A User who posts messages to Usenet groups is responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying with such charter or FAQ. In any event a User may not (a) post the same message, or a series of similar messages, to one or more newsgroups (i.e., excessive cross-posting or multiple-posting, otherwise known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any messages with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
A User is prohibited from violating or attempting to violate the security of the Tracent Network, including, without limitation, (a) accessing data not intended for such User, including logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which the User is not entitled. Violations of system or network security may result in civil or criminal liability. Tracent will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any User who is involved in such violations.
Any User that Tracent determines, in its sole discretion, to be in violation of any provision of the Acceptable Use Policy shall receive a written warning from Tracent, and may be further subject to Tracent temporarily suspending the User's service pending the User's written agreement to refrain from any further violations; provided, however, that if Tracent, in its sole discretion, deems it necessary to so act, Tracent may immediately suspend or terminate the User's service without the necessity of issuing a warning. Users that commit a second violation of any provision of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without notice. At all times, Tracent shall have the discretion to take such action as Tracent deems necessary, in its sole discretion, to preclude a violation, and Tracent shall not be liable for any refund, credit, rebate or damages of any nature suffered by any Customer, User, or third party resulting in any manner whatsoever from Tracent's exercise of its rights under this Acceptable Use Policy.
Although Tracent does not constantly monitor the Tracent Network, it nevertheless expressly reserves the right to do so. Tracent bears no responsibility or liability for any information that was not posted to the Tracent Network by Tracent. Tracent bears no responsibility or liability for the content of any other websites linked to the Tracent Network; these links are provided by Tracent as Internet navigation tools only.
A User interacting with Tracent's web site who provides Tracent with his/her name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information thereby expressly permits Tracent to use such information for commercial purposes of its own and those of other organizations, including contacting Users about products and services which may be of interest. Any user under the age of 18 must obtain written parental consent and send same to Tracent at the address at the end of this paragraph prior to furnishing personally identifiable data about that User or its family. A User who does not wish to be contacted by Tracent or third parties must send Tracent a specific request by certified mail or by regular mail clearly marked "Privacy-Urgent" addresses as follows: Tracent, P.O. Box 261878, Plano, Texas 75026, Attention: Tracent Network.
Tracent reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted at www.tracent.net/Aup and any use by a User of the Tracent Network after the posting of any changes shall be deemed to be acceptance by a User of such changes.