As a provider of Internet access, web site hosting, and other Internet-related services, Spacequad offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and noncommercial information. Spacequad respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Spacequad reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Spacequad has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Spacequad's services. This AUP will be revised from time to time. A customer's use of Spacequad's services after changes to the AUP are posted on Spacequad's web site, www.spacequad.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Spacequad cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Spacequad cannot monitor or censor the Internet, and will not attempt to do so, Spacequad cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Spacequad does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Spacequad's network and may reach a large number of people, including both subscribers and non subscribers of Spacequad, subscribers' postings to the Internet may affect other subscribers and may harm Spacequad's goodwill, business reputation, and operations. For these reasons, subscribers violate Spacequad policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Spacequad, but also because it can overload Spacequad's network and disrupt service to Spacequad subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Spacequad has the discretion to determine from all of the evidence whether the E-mail recipients were from an "opt-in" E-mail list.
Most SPAM is not from opt-in lists
sources and we will aggressively pursue
all legal avenues. If a user or
ISP is found to be in violation of this
AUP, then they will be prosecuted to the
fullest extent of the law. Each
infraction that is violated related to
SPAM, will incur a $1100.00 fine along
with attorney fees and court costs per
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Spacequad is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Spacequad's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Spacequad's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Spacequad is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Spacequad's network.
Defamatory or Abusive Language -- Using Spacequad's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Spamming Prohibited. You may not
distribute unsolicited commercial or
informational messages ("spam") or take
any other action which imposes an
unreasonable or disproportionately large
load on our infrastructure. At our
option and without further notice, we
may use anti-spam technologies, such as
automatic word and spam filters, that
may terminate your messages without
delivering them or prevent messages from
reaching you. The following are
expressly prohibited: (a) excessive
usage of CPU time or storage space; (b)
use of mail services, mail forwarding
capabilities, POP accounts, or auto
responders other than for your own
account; (c) use of another site's mail
server to send out unsolicited
commercial or informational messages
that reference a Spacequad.com site or
cause others to reply to a Spacequad.com
address or to use another site's mail
server to relay mail without the express
permission of the site; and (d) sending
chain mail, charity requests, petitions
for signatures, commercial advertising,
informational announcements or
unsolicited mail messages that in
Spacequad.com's sole discretion might
reasonably be expected to provoke
Open Mail Relays Prohibited. You may
not use any portion of our services to
facilitate, implement or permit e-mail
relay services for third parties (i.e.,
"open mail relay").
Inbound E-Mail. If you find
that your mail is not getting thru to
Spacequad Internet Services, please look
at your SMTP logs or bounced return mail
messages to get the error code that was
sent with it. Then go to our security
page and lookup your code
there. We do not accept
connections without reverse pointer
records. Anotherwords, if your
domain name does not have proper DNSing
setup correctly, then your mail will get
bounced. If you feel that there is
an error on our part, then submit a
complaint on our main site here.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups -- Spacequad reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available illegal schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Spacequad determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Spacequad will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Spacequad policy or applicable law. When Spacequad becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Spacequad also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Spacequad's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Spacequad does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Spacequad has the right to directly take action against a customer of a subscriber. Also, Spacequad may take action against the Spacequad subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Spacequad anticipates that subscribers who offer Internet services will cooperate with Spacequad in any corrective or preventive action that Spacequad deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Spacequad's policy.
Spacequad also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Spacequad urges its subscribers to assume that all of their on-line communications are insecure. Spacequad cannot take any responsibility for the security of information transmitted over Spacequad's facilities.
Spacequad will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Spacequad may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Spacequad may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Spacequad assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Spacequad may disclose subscriber information or information transmitted over its network where necessary to protect Spacequad and others from harm, or where such disclosure is necessary to the proper operation of the system.
Spacequad expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Spacequad's policy. Finally, Spacequad wishes to emphasize that in signing the service agreement, subscribers indemnify Spacequad for any violation of the service agreement, law, or Spacequad policy, that results in loss to Spacequad or the bringing of any claim against Spacequad by any third-party. This means that if Spacequad is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Spacequad, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Spacequad and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@Spacequad.com.