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Acceptable Use Policy (AUP)

General
Effective Date: December 16, 2020

The following definitions are used throughout this document:

  • 45th Parallel Internet Services: the Company
  • Owner of services provided by the Company: the Customer
  • Customer designated Users of sub-accounts belonging to the Customer: the User(s)
  • Customer designated Contacts: the Contact(s)
  • All other persons: the Visitor(s)

Company agrees to furnish services to the Customer, subject to the following AUP:

The Company reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting online at this location. Customer acknowledges and agrees that it is Customer's responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether the Company has revised this AUP by noting the Effective Date shown at the top of this section. The Company may or may not announce updates to this AUP on the Company's Announcements page. Customer's continued use of the services after such modifications will constitute Customer's: (a) acknowledgment of the modified AUP and, (b) agreement to abide and be bound by the modified AUP.

This AUP along with other applicable documents shown in the Legal Directory of Company's website are binding on all Customers, Owners, Users, Contacts and Visitors of our services. If you do not agree to these terms, you must discontinue use of our Services and Network immediately and contact us to cancel your services (see Account Cancellation in our Terms of Service (TOS)) or, if a Visitor, discontinue viewing or using Company's, Customer's or User's websites.

This document is considered an integral part of Company's Terms of Service (TOS).

Policy
This Acceptable Use Policy (AUP) has been designed to assist in protecting the Company and it's Customers from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what the Company expects of Customers, Users, Contacts and Visitors using our services.

This AUP is applicable to any and all access or use of Company's services (the Service) or Company's network (the Network). This includes, but is not limited to, any use or access by:

  1. Company's Customers
  2. Customer's Users, designated Contacts, and Visitors
  3. Any other parties who use or access the Service or Network (collectively, Visitors). All persons accessing Company's Services or Network must comply with this AUP.

Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each Customer of Company agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such Customer, whether authorized by such Customer or not.

Company supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our Terms of Service (TOS), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.

Company believes in communicating with our Customers and will try to work with our Customers to resolve any AUP violations before taking action which could cause a Customer's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a Customer who is in violation of the AUP.

This AUP does not:

  1. Obligate Company to monitor, review, or police the data and content residing on its network or
  2. Create any obligation of Company to any party that is not a direct Customer, User or Contact.
Company expressly disclaims any liability for the data and content residing on its network and for the actions of its Customers, Customers' Users and Contacts or Visitors to any part of Company's Services or Network.

The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Company will be the sole arbiter as to what constitutes unacceptable use.

  • Illegal Activity or Content: The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.

  • Copying of Material: Material published on our Services and Network are copyrighted by Company and, in regards to Customers and Users, Company holds a compilation copyright on their websites. Unless specifically authorized in writing by Customer or User, no copying of material published by Customer or User is permitted by any third party (or Visitor). In the absence of such written authorization, the Company's compilation copyright will be enforced.

    Company is the sole owner of and holds direct copyrights for all material published for the following websites. Copying of any information contained on any of these websites by any Visitor or any other third party is prohibited without the express written permission of Company:
    • 45th Parallel Internet Services to include any and all subdomains used by Company (45thparallelinternetservices.com, 45thparallelinternetservices.net, 45pis.com and/or orphanageservices.com).
    • Bob's Good Stuff Lists (bobsgoodstufflists.net and/or bobsgoodstufflists.com).
    • the People's Paths aka YvwiiUsdinvnohii (thepeoplespaths.us and/or yvwiiusdinvnohii.us).

  • Network Abuse: Company expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to:
    • Denial of Service attacks or any activities designed to exhaust the resources of a host or network.
    • Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network.
    • Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's or company's system.
    • Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration.
    • Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers.
    • Intentionally or negligently injecting false data into the Internet; for instance, in the form of bad routing information or incorrect DNS information.
    • Forging any e-mail message header, in part or whole, of any electronic transmission originating or passing through the Network.
    • Executing any form of network activity that will intercept data not intended for the Customer's server.

  • Unsolicited Email: Users are prohibited from engaging in improper use or distribution of email. Company will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
    • Sending of any unsolicited email (spam). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
    • Hosting web pages advertised within "spam e-mail" sent from another network (spamvertising)
    • Using the Service to receive replies from unsolicited emails (drop-box accounts).
    • Configuring any email server in such a way that it will accept third party emails for forwarding (open mail relay).
    • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Company's Customers must be Closed-loop (Confirmed Opt-in). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. All mailing lists must provide the ability to opt-in. Email sent to any person or company, that has not opted-in to the email list, is considered to be unsolicited email, which is prohibited.
    • Purchasing lists of email addresses from 3rd parties for mailing to or from any Company hosted domain, or referencing any Company account, is prohibited.
    • Operating an account on behalf of or in connection with, or reselling any service to, persons or companies listed in the Spamhaus' Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

  • IRC: All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to:
    • IRC Customer software
    • IRC server software
    • Web-based IRC software
    • IRC bots such as eggdrop
    • IRC proxies such as psyBNC

  • Proxy Servers: Proxy Servers are prohibited. This includes, but is not limited to:
    • SOCKS proxies
    • Squid proxies
    • Bittorrent Proxies
    • Tor
    • Any CGI or PHP proxy scripts.

  • Maintenance of User Installed Software: Software installed on a Customer's website, to include CGI scripts, WordPress, PHP scripts, etc., must be maintained in a current condition. This means that if Customer's or User's software version number is less than the current version of the software's latest stable release, then that software MUST be updated by the Customer in an expeditious manner. Out of date software is prone to hacking and other activity by anyone not connected with Customer's website which can have an adverse effect, not only for Customer's account, but also for other Customer accounts and Company's Services and Network. Keeping software updated to the current version can plug vulnerabilities that old versions may have.

    The first failure to keep software in a current state will be considered grounds for suspension of a customer's account. It will remain suspended until the customer advises Company that updates to the current version are ready to be installed. Repeated failure to maintain software in a current state will be considered grounds for termination of a customer's account. Customers are responsible to check for the current version of their installed software released by all vendors of their installed software. It is best to check once a month or more frequently at the vendors' websites. As an alternative, Customers and Users are encouraged to use any auto-update option offered by the vendors of the software used on Customer's or User's website including internet browsers used to access the websites.

  • Facilitating a Violation of this Policy: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

  • Network Performance: All OSU-xxxxx server accounts operate on shared network 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 suspension or termination of the account.
Reporting Violations of Company's AUP
Company requests that anyone who believes that there is a violation of this AUP to direct the information to the Abuse Department.

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

An 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.

Company may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Disable access to a Customer's content which violates AUP
  • Remove content which violates AUP
  • Block email or any other network service
  • Null-route Customer's IP address
  • Suspend the Customer's account
  • Terminate the Customers's account
  • Bill the Customer for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

Any violation of the AUP which results in a Customer's server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.

The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Company may take to enforce and ensure compliance with this AUP. Company reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer's violation of this AUP. No service credits or refunds will be issued for any interruption in service resulting from violations of this AUP.

The Customer agrees to indemnify and hold harmless Company from any claims resulting from the use of the service, which damages the subscriber or any other parties.

If you do not agree to this AUP, you MUST immediately discontinue use of this site or any site on this Company's network.




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