We
do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote
good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate
use of our service.
You
may not use your virtual site to publish material, which
Ez-Serve.Net determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of this
policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
If
a Ez-Serve account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination of service.
Our failure to enforce this policy, for whatever reason,
shall not be construed as a waiver of our right to do
so at any time.
As
a member of our network community, you must use your Internet
access responsibly. If you have any questions regarding
this policy, please contact us at abuse@ez-serve.net.
VIOLATIONS
OF EZ-SERVE ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: Ez-Serve's services may not be used for illegal
purposes, or in support of illegal activities. Ez-Serve
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm
to minors: Use of the Ez-Serve service to harm, or attempt
to harm, minors in any way, including, but not limited
to child pornography.
Threats:
Use of the Ez-Serve service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
Harassment:
Use of the Ez-Serve service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent
activity: Use of Ez-Serve service to make fraudulent offers
to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain letters."
Forgery
or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying infrmation
is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use
of the Ez-Serve service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations
of this type will result in the immediate termination
of the offending Ez-Serve account.
IMPORTANT
NOTICE:
BEGINNING IMMEDIATELY, any websites or services on their
virtual site that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network.
The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow
us access to the server to confirm that all material has
been COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the virtual site
from our network without notice to the customer. Any server
guilty of a second violation WILL be immediately and permanently
removed from our network without notice.
E-mail
/ News Bombing: Malicious intent to impede another person's
use of electronic mail services or news will result in
the immediate termination of the offending Ez-Serve account.
E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through the Ez-Serve service is in violation
of this AUP.
Usenet
SPAMing: Ez-Serve has a zero tolerance policy for the
use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
are permitted.
Unauthorized
access: Use of the Ez-Serve service to access, or to attempt
to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of Ez-Serve's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss
of data, is expressly prohibited and the offending Ez-Serve
account is subject to immediate termination.
Copyright
or trademark infringement: Use of the Ez-Serve service
to transmit any material (by e-mail, uploading, posting
or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal
of copyrighted software.
Collection
of personal data: Use of the Ez-Serve service to collect,
or attempt to collect, personal information about third
parties without their knowledge or consent.
Network
disruptions and unfriendly activity: Use of the Ez-Serve
service for any activity which affects the ability of
other people or systems to use Ez-Serve Services or the
Internet. This includes "denial of service"
(DOS) attacks against another network host or individual
user. Interference with or disruption of other network
users, services or equipment is prohibited. It is the
Member's responsibility to ensure that their network is
configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network
for illegal or inappropriate actions. A Subscriber may
not permit their network, through action or inaction,
to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate
account termination. Ez-Serve will not tolerate any subscriber
attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person
receiving it will act upon it.
Infringement
of Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of copyrighted
or the aforementioned infringements will not be tolerated.
Distribution
of Viruses: Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination
of the offending account.
Inappropriate
Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while
using Ez-Serve services could result in suspension service.
Third
Party Accountability: Ez-Serve subscribers will be held
responsible and accountable for any activity by third
parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
Violation
Of Ez-Serve Virtual Accounts: It is absolutely forbidden
to host pornographic content or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation
without refund.
IRC
networks: It is absolutely forbidden to host an IRC server
that is part of or connected to another IRC network or
server. Servers found to be connecting to or part of these
networks will be immediately removed from our network
without notice. The server will not be reconnected to
the network until such time that you agree to completely
remove any and all traces of the irc server, and agree
to let us have access to your server to confirm that the
content has been completely removed. Any server guilty
of a second violation will result in immediate account
termination.
Security
You
are responsible for any misuse of your account, even if
the inappropriate activity was committed by a friend,
family member, guest or employee. Therefore, you must
take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your
account to breach security of another account or attempt
to gain unauthorized access to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing
your password and account access with unauthorized users
is prohibited. You should take care to prevent others
from using your account since you will be held responsible
for such use.
Attempting
to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You
must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You
may not attempt to circumvent user authentication or security
of any host, network or account. This includes, but is
not limited to, accessing data not intended for you, logging
into or making use of a server or account you are not
expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
You
may not attempt to interfere with service to any user,
host or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users
who violate systems or network security may incur criminal
or civil liability. Ez-Serve will cooperate fully with
investigations of violations of systems or network security
at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
violations.
Network
Performance
Ez-Serve accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one
customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may
result in termination of your account.
You
are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time.
You may not use resource-intensive programs which negatively
impact other customers or the performances of Ez-Serve
systems or networks. Ez-Serve reserves the right to terminate
or limit such activities.
REPORTING
VIOLATIONS OF Ez-Serve AUP
Ez-Serve
requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department
at abuse@ez-serve.net.
If
available, please provide the following information:
The IP address used to commit the alleged violation
The
date and time of the alleged violation, including the
time zone or offset from GMT
Evidence
of the alleged violation
E-mail
with full header information provides all of the above,
as do system log files. Other situations will require
different methods of providing the above information.
Ez-Serve may take any one or more of the following actions
in response to complaints:
Issue written or verbal warnings
Suspend
the Member's newsgroup posting privileges
Suspend
the Member's account
Terminate
the Member's account
Bill
the Member for administrative costs and/or reactivation
charges
Bring
legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS
TO THIS ACCEPTABLE USE POLICY
Ez-Serve reserves the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of
any revision, amendment, or modification will be posted
in accordance with our TOS (Terms of Service).
