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Acceptable Use Policy

Introduction

This Acceptable Use Policy ("AUP") sets forth the principles that govern the use by subscribers of the systems, services and products provided by D&E Jazzd ("the Company"). The AUP has been created to promote the integrity, security, reliability and privacy of the Company's systems and networks.

Compliance With Law

Subscribers shall not post, transmit, retransmit or store material on or through any of the Company's system services or products that: a) is in violation of any local, state, federal or non-United States law or regulation; b) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"); or c) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including but not limited to the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer.

Prohibited Uses of Company's Systems, Services and Products

This AUP identifies the actions that D&E Jazzd considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, subscribers may only use the systems, services and products of D&E Jazzd in a manner that, in the Company's sole judgment, is consistent with the purposes of said systems, services and products. If a subscriber is unsure whether a contemplated use or action is permitted under the AUP, the subscriber should e-mail D&E Jazzd with a description of the proposed use at abusenet@dejazzd.com for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of the systems, services and products of D&E Jazzd as described in subsections A through E are expressly prohibited:

  1. Prohibited Actions: General Conduct
    1. Transmitting on or though any of the Company's systems, services or products any material that is, in the Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, federal or international law.
    2. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulations or law, or by the common law.
    3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
    4. Actions that restrict or inhibit any Person, whether a subscriber of the Company or otherwise, in its use or enjoyment of any of the Company's systems, services or products.
    5. Resale of the Company's services and products, without the prior written consent of the Company.
    6. Deceptive online marketing practices.
    7. Furnishing false data on the sign-up form, contract, or online application, including fraudulent use of credit card numbers (such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability).
  2. Prohibited Actions: System and Network Security
    1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes but is not limited to accessing data not intended for the subscriber, logging into a server or account the subscriber is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
    2. Effecting security breaches or disruptions of Internet communications. Security breaches include but are not limited to accessing data of which subscriber is not an intended recipient or logging onto a server or account that subscriber is not expressly authorized to access. For purposes of this section, "disruption" includes but is not limited to port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
    3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
    4. Executing any form of network monitoring which will intercept data not intended for subscriber.
  3. Prohibited Actions: E-mail
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising to individuals who did not specifically request such material ("e-mail spam"). Subscribers are explicitly prohibited from sending unsolicited bulk mail messages. This includes but is not limited to bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the subscriber must not send that person any further e-mail.
    3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
    4. Malicious e-mail, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
    5. Unauthorized use or forging of mail header information.
    6. Using a Company or a subscriber account to collect replies to messages sent from another provider.
    7. Use of unsolicited e-mail originating from the D&E Jazzd network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by D&E Jazzd, or connected via the D&E Jazzd network.
    8. Willful failure to secure open SMTP ports so as to prevent the unauthorized use of subscriber resources for the purposes of sending unsolicited e-mail by a third party.
  4. Prohibited Actions: Usenet Newsgroups
    1. Posting the same or similar messages to large groups of Usenet newsgroups ("Newsgroup spams or USENET spam").
    2. Posting chain letters of any type.
    3. Posting encoded binary files to newsgroups not specifically named for that purpose.
    4. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
    5. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
    6. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
    7. Postings that are in violation of the written charters or FAQ's for those newsgroups.
    8. Posting of Usenet articles from the D&E Jazzd network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by D&E Jazzd, or connected via the D&E Jazzd network.
    9. Failure to secure a news server so as to prevent the unauthorized use of subscriber resources by a third party which may result in Usenet post which violate this policy.
    10. Advertisements posted in newsgroups whose charters/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup prior to posting to it.
  5. Prohibited Actions: Individual Accounts (Dial-Up Users Only)
    1. Users may not run programs that provide network services from their accounts, such as IRC or MUD servers
    2. Attempting to circumvent the "idle daemon" or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.
    3. Consuming excessive resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of Company systems or networks is prohibited, and Company staff may take action to limit or terminate such programs.

Complaint and Enforcement

Complaints regarding abusive conduct may be reported by FAX to 717-738-8753 Attn: Tech Support, or by mail to: D&E Internet Services, 124 E. Main Street, PO Box 458, Ephrata, PA 17522

Complaints will also be accepted via e-mail addressed to abusenet@dejazzd.com, so long as a valid return address is included. D&E Jazzd must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

The Company may, in its sole discretion, suspend or terminate a subscriber's service for violation of any of the policies contained herein at any time and without warning. As a general matter, the Company attempts to work with subscribers to cure violations and to ensure that there is no reoccurrence of the violation prior to terminating service.

Liability

In no event will D&E Jazzd be liable to any subscriber or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including but not limited to any lost profits, business interruption, loss of programs or other data, or otherwise, even if D&E Jazzd was advised of the possibility of such damages.

Miscellaneous

D&E Jazzd retains the right to modify this AUP at any time and any such modification shall be automatically effective as to all subscribers when adopted by D&E Jazzd.

Applicability of AUP

The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade Commission Deception Policy Statement, is not permitted through the D&E Jazzd services or network. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending fax-like documents over the Internet).

D&E Jazzd Is Not Responsible For Content

D&E Jazzd is not responsible for the content of any USENET posting, whether or not the posting was made by a subscriber of D&E Jazzd.

Removal of Materials

At its sole discretion, D&E Jazzd reserves the right to remove materials from its servers and to terminate Internet access to subscribers that D&E Jazzd determines have violated this AUP.

Customer Network Configuration

It is the customer's responsibility to ensure that their network is configured in a secure manner that will not allow it to be used by themselves or others for illegal or inappropriate actions. A customer may also not configure their network in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Using Jazzd Internet Services for any activity which adversely affects the ability of other people or systems is prohibited and will result in service cancellation.