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| Revision: 11.13.03 |
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| 1. |
General |
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2Advanced.net and 2Advanced
Studios, LLC (“2Advanced”)
are committed to ensuring compliance with our Acceptable
Use and Service Policy (“AUP”).
That is why we have adopted this Abuse Policy. This Abuse
Policy is intended to describe actions that will be taken
by 2Advanced when events occur over or through the 2Advanced.net
network, by clients and non-clients alike, which are generally
considered unacceptable to the Internet community and/or
unlawful in nature. This Abuse Policy is incorporated
in our hosting agreements and other policies. Please
note that by subscribing to and/or using the services
provided by 2advanced.net or 2advancedstudios.net, or
any derivative thereof, you are accepting the practices
described in this Abuse Policy. |
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| 2. |
What
events qualify as Abuse by 2Advanced.net?
While it is impossible to identify each and every event
that would qualify as Abuse herein this policy, 2Advanced
has made best effort to provide a comprehensive, but not
exhaustive, list of events that are considered to be Abuse
under this Policy and the AUP. Abuse shall include, but
is not limited to: |
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| (a). |
The sending of UCE (Unsolicited Commercial E-Mail)
through the 2Advanced.net network. |
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| (b). |
The sending of any e-mail, generally considered
to be “SPAM”, through the 2Advanced.net
network. |
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| (c). |
Unsolicited postings to newsgroups that advertise
any IP or URL hosted over the 2Advanced.net network. |
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| (d). |
Any infringement of another’s copyright
through the 2Advanced.net network or found to exist
anywhere on the 2Advanced.net network. |
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| (e). |
Any infringement of another’s intellectual
property rights through the 2Advanced.net network
or found to exist anywhere on the 2Advanced.net
network. |
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| (f). |
The publishing of any site or web pages(s) whereby
photo, videos or other media has been placed showing
frontal nudity of either men or women for non-scientific
or non-artistic purpose. |
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| (g). |
The publishing of any site on 2Advanced’s
Shared or Virtual Private Servers, whereby the use
of active CGI programs (Using more than 6000 seconds
of CPU time within a 24 hour period) is performed. |
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| (h). |
Any event, that may or may not be described herein
above, that violates or tends to violate the 2Advanced.net
AUP. |
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| 3. |
How
specifically is SPAM Abuse handled by 2Advanced.
According to US Code Title 47, §227(a)(2)(B), “a
computer/modem/printer meets the definition of a telephone
fax machine.” Under §227(b)(1)(C), “it
is unlawful to send any unsolicited advertisements to
such equipment” and by §227(b)(3)(C), “a
violation of the aforementioned Section is punishable
by action to recover actual monetary loss, or $500, whichever
is greater, for each violation.”
Given that “SPAM” is a federally unlawful
action, and depending on the gravity of circumstances,
violators may be issued a “one-time” warning
e-mail. If issued, this e-mail will warn a violator that
their continued violation of US Code Title 47 will result
in termination of all services, without refund,
as well as reporting to the Federal District Attorney
for wanton violation of the law. Either after this “one-time”
warning, or in severe instances, a party subscribing to
the 2Advanced services will be notified of their termination
and promptly removed and banned from 2Advanced’s
network. This includes, but is not limited to: The deletion
of any account on the service, the deletion of any websites
hosted on servers of the service, and the blocking of
any and all known IP Addresses associated with party subscribing
to the 2Advanced services. Instances of “SPAM”
received should be reported to abuse@2advanced.net, and
will be promptly investigated by a 2Advanced staff member.
It is further noted and understood that the use of 2Advanced.net
services for issuing “SPAM” or bulk e-mails,
in whole or in part, to willing participants (also known
as “opt-in mailing”) is generally considered
lawful, so long as it is done for legitimate purposes
and with the prior consent of the recipient. In such instances,
2Advanced would take no further action to disrupt these
lawful activities. Likewise, it is permissible to send
out personalized individual e-mails to individuals or
companies that you have heard about that have not given
you consent, but by which you have received a referral. |
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| 4. |
How
specifically is Adult Content Abuse handled by 2Advanced?
Adult Content is classified by 2Advanced as any controversial
material that tends to show frontal nudity of either men
or women for non-scientific or non-artistic purposes.
Moreover, it is generally noted that Adult Content is
published on the Internet for the purposes of generating
revenue, in whole or in part. As described in Section
2 above and in Section 2 of the AUP, this type of content
is strictly forbidden from publication or solicitation
on the 2Advanced.net network. This is not inclusive of,
nor intended to discriminate against those who choose
to utilize adult content or adult related materials for
their own private use, such as through e-mail communication
(and to the extent that such e-mail communication is not
classified as “SPAM” or UCE). In the event
that an Adult Content Abuse is identified, and depending
on the gravity of circumstances, violators may be issued
a “one-time” warning e-mail. If issued,
this e-mail will warn a violator that their continued
violation of the 2Advanced AUP and Abuse Policy will
result in termination, without refund
of the 2Advanced services. Instances of Adult Content
Abuse should be reported to abuse@2advanced.net,
and will be promptly investigated by a 2Advanced staff
member.
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| 5. |
How
specifically is Copyright Abuse handled by 2Advanced?
2Advanced is duly concerned with the protection of any
owner’s claim of copyright, trademark or intellectual
property rights, and believes that our subscribers should
also respect such rights. In the event that you believe
your copyright in any material located on or within the
2Advanced.net network has been infringed, please send
us a Notice of Claimed Infringement pursuant to the Digital
Millennium Copyright Act of 1998 (“DMCA”).
All notices must be sent to copyright@2advanced.net,
and should contain the following information regarding
the alleged violation: |
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| (a). |
An e-mail communication with
full header information or syslog files, (or) |
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| (b). |
The IP Address used with the
date and time (including the time zone) (and) |
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| (c). |
Evidence of the copyright violation
or infringement. |
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| In addition, please
provide your address, telephone number, and
e-mail address for return correspondence.
You should include a statement by you that
you have a good faith belief that the disputed
use is not authorized by the copyright owner,
its agent, or the law. You should further
include a statement by you declaring under
penalty of perjury that (a)
the information contained within your Notice
of Claimed Infringement is true and correct,
and (b)
that you are the owner of the copyright interest
involved or that you are authorized to act
on behalf of that owner. |
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| 6. |
Revisions
to this Abuse Policy. We reserve the right
to revise this Abuse Policy, our AUP, our Privacy Policy,
our hosting service agreements and our other policies
and agreements at any time and in any manner. We will
post any revisions to this Abuse Policy, together with
a revision date in the “Policies” Section
of our website located http://www.2advanced.net. |
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