Effie Rover, Inc (ERI)'s Acceptable Use Policy (the "Policy") for ERI Products and Services is designed to help protect ERI and ERI's customers and the Internet community in general from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by ERI.
"Internet Service Providers that ignore community standards risk losing the co-operation of their peers, which is more valuable than any one customer could ever be." —http://linx.net
ERI reserves the right to modify the Policy at any time, effective upon posting at http://www.effierover.com/acceptable_use_policies_aup-web_design.
Monitor Clause
ERI supports the free flow of information and ideas over the Internet and does not actively monitor use of Services under normal circumstances. Similarly, ERI does not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our AUP, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.
Prohibited Uses of ERI's Systems, Products and Services
Illegal Activities
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens, harrasses or encourages bodily harm or destruction of property.
Using the Services 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."
Adding, removing or modifying identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information. The use of anonymous remailers, nicknames or "munged" headers to avoid spam-collecting robots does not constitute impersonation.
System Abuse
Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ERI'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.
Obtaining or attempting to obtain service by any means or device to avoid payment.
Network Abuse
Using the Services for any activity which adversely affects the ability of other people or systems to use ERI 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, network services or network equipment.
It is the customer's responsibility to ensure that their Internet-based programming is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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.
Email / Newsgroup Abuse
Sending unsolicited mail messages, including the sending of "bulk mail" or other advertising material to individuals who did not specifically request such material (aka "Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, non-profit announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting).
ERI accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, ERI considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.
Facilitating Abuse
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
Responsible Party
Each ERI customer is responsible for the activities of its customer base, representatives and end-users and, by accepting service from ERI, is agreeing to ensure that its customers, representatives and end-users abide by this Policy. Complaints about customers/representatives or end-users of a ERI customer will be forwarded to the ERI customer's postmaster for action.
Consequences
If violations of the ERI Acceptable Use Policy are found, ERI reserves the right to terminate services without refund or take action to stop the offending customer from violating ERI's AUP as ERI deems appropriate, without notice.