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| Revision: 10.31.03 |
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| 1. |
General |
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2Advanced.net and 2Advanced Studios,
LLC (“2Advanced”) have created this Acceptable Use
and Service Policy ("AUP") to outline our policies
for accessing the Internet from our servers. All users of 2Advanced's
hosting services (the "Services"), including clients
and non-clients, must comply with this AUP. 2Advanced attempts
to advance the free flow of ideas and information over the Internet
and does not, as a normal practice, proactively monitor use
of the Services. Nor do we edit or control the content of any
material available through the Services, with the exception
of our proprietary websites. Yet, we may remove any materials
that, in our judgment, may be illegal, create liability, or
violate this AUP. 2Advanced may cooperate with legal authorities
and others in the investigation of any suspected crime or wrongdoing.
You acknowledge that 2Advanced may preserve and disclose the
content of a Website if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to comply with legal process, enforce our agreements
or policies, respond to claims that the content violates the
rights of third parties, or protect the rights, property or
personal safety of 2Advanced, our users and the general public.
You further agree that you must evaluate, and bear all risks
associated with the use of any Internet content, including any
reliance on the accuracy, completeness and usefulness of such
content. Violations of this AUP may result in actions including
the suspension or termination of your account. This AUP is incorporated
in our hosting agreements and other policies. This AUP is a
guideline and is not an inclusive listing of prohibited conduct. |
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| 2. |
Prohibitions
Under 2Advanced’s Acceptable Use and Service Policy.
You agree not to use or attempt to use 2Advanced’s Services
to: |
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| (a). |
Violate, intentionally or unintentionally, any applicable
local, state, national or international law, or any rules
or regulations promulgated thereunder. Prohibited activities
include, but are not limited to: transmitting obscene
materials; intentionally spreading computer viruses; gaining
unauthorized access to private networks; engaging in the
transmission of pirated software; conducting or participating
in illegal gambling, or soliciting for illegal pyramid
schemes through electronic mail or postings. |
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| (b). |
Violate any regulations promulgated by the U.S. Securities
and Exchange Commission, or any rules of any national
or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of
law. |
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| (c). |
Harm minors in any way. |
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| (d). |
Threaten or incite bodily harm or damage to property. |
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| (e). |
Stalk or otherwise harass another. |
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| (f). |
Make fraudulent offers to buy or sell products or services
or to promote any financial scam such as "pyramid
schemes," "Ponzi schemes," and "chain
letters." |
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| (g). |
Attempt to access other’s accounts or to pierce
security measures of computer software or hardware, electronic
communications systems, or telecommunications systems,
even if there is no loss of data or damage. |
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| (h). |
Add, remove or change identifying network header information
in an effort to mislead or attempt to impersonate any
person by use of forged headers or other identifying information.
Using anonymous re-mailers or nicknames is not prohibited.
Using purposely misleading headers ("munging"
headers) in order to avoid spam email address collectors
is also allowed. |
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| (i). |
“Spam” or send any unsolicited commercial
email or unsolicited bulk email or aid in sending such
unsolicited email, even if that email is not commercial.
In response to a complaint, we have the discretion to
determine, from all of the evidence we receive, whether
the intended recipients were from an "opt-in"
email list. You are also prohibited from sending the same
or substantially similar unsolicited email message, whether
commercial or not, to 50 or more recipients. |
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| (j). |
Publish, submit, copy, upload, post, transmit, reproduce,
take, infringe on, or distribute information, software,
or other material that is protected by copyright, trademark,
patent, trade secret, any other type of intellectual property
rights, trademark laws (by rights of privacy or publicity)
or other proprietary right of any party unless you own
or control the rights or have obtained consent to do so.
This includes using any material that you do not have
a right to make available under any law, contractual or
fiduciary relationship (including inside information,
proprietary and confidential information learned as part
of employment relationships or under other nondisclosure
agreements). This prohibition also includes the use of
any material or information including images or photos
that are made available through a 2Advanced Service, digitization
and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal
of copyrighted software. |
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| (k). |
Accumulate personal information about others without
their knowledge or authorization. |
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| (l). |
Resell, or exploit the Services for any commercial purpose
without 2Advanced's approval. |
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| (m). |
Adversely affect the ability of others to use 2Advanced
Services or the Internet. This includes making available
material that contains software viruses or other code,
files or programs designed to interfere with the functionality
of computer software, hardware or telecommunications equipment.
Also prohibited are attempts to disrupt the normal flow
of dialogue, cause a screen to “scroll” faster
than others can type, or repeatedly entering either meaningless
characters, three or more repeated blank lines, the same
text three or more times, or consistently repeating text
in a Chat room.. You may not otherwise interfere with
real time exchanges or use denial of service attacks against
others. Similarly, you must not disrupt the Services,
servers, networks or disobey procedures and requirements
relating to the Services. You are prohibited from allowing
use of the network for illegal or inappropriate actions
or a configuration that allows others to use their network
improperly. |
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| (n). |
Continue posting off-topic articles, generally including
commercial advertisements in most newsgroups. We reserve
the right not to accept postings from newsgroups where
we have actual knowledge that the content of the newsgroup
violates this AUP. |
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| (o). |
Abuse chat rooms. Such abuse includes, but is not limited
to, scrolling, posting the same or a substantially similar
unsolicited note, whether commercial or not, to a newsgroup,
bulletin board, or message board 10 or more times a day. |
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| (p). |
Cancel messages other than your own messages, unless
the post is forged in your name. We may cancel any postings
that violate this AUP. |
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| (q). |
Use a personal account for high volume or commercial
use, maintain a connection by remaining on standby or
inactive basis, or “ping.” We may terminate
your connection after extended inactivity. |
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| (r). |
The publishing of any site or web page(s) whose revenue
is gained in part or whole from adult content. |
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| (s). |
Use “robots” or otherwise collect email
addresses in order to send unsolicited or unauthorized
material. |
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| (t). |
Exceed the maximum monthly traffic allotment for your
website. You agree that we have no responsibility for
the deletion or failure to store communications and content
that exceeds these limits. |
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| 3. |
Security.
We rely on you to ensure the security of your network. Ensuring
that your customers and users use the Services appropriately
is your responsibility. You must take all necessary steps to
manage the use of the Services obtained from 2Advanced in order
to minimize any network abuse.
Criminal and civil liability may result if system or network
security is violated. Incidents involving such violations will
be investigated and 2Advanced will cooperate with law enforcement
if a crime is suspected.
Security violations include, but are not limited to: |
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| (a). |
Failing to secure your system. You are expected to configure
and secure your services to prevent the disruption of
service to other clients. If unknown persons utilize your
Services at any time to illegally distribute licensed
software, you will be liable. Monitoring these services
is your responsibility. Examples of unsecured services
include use of SMTP relay, incorrect configuration of
Proxy or SOCKS services, PC Anywhere, SNMP Broadcaster,
or FTP server. You must take corrective actions on vulnerable
or exploited systems to stop continued abuse. You must
insure that your network and/or computer are securely
configured. You may not, through action or inaction, allow
others to use your network inappropriately or in violation
of this AUP or the 2Advanced hosting agreement for the
Service(s) you purchased. |
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| (b). |
Utilizing any software or device to stay logged on while
you are not actively using the 2Advanced Service or using
your account to operate a server. |
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| (c). |
Utilizing or spreading files that contain viruses, Trojan
horses, worms, time bombs, cancel bots, corrupted files,
or any other programs capable of harming another’s
computer operation or property. |
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| (d). |
Hacking - breaking the security on another’s computer
network or accessing another’s account. Such acts
would include, but not be limited to, unauthorized access
to, or use of, data, systems or networks, including any
attempt to probe, scan, or test the vulnerability of a
system or network or to breach security or authentication
measures without the owner’s express approval; |
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| (e). |
Monitoring of data or traffic on any network or system
without the owner’s express approval, including
use of ‘sniffers’ or SNMP tools. |
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Harmful
Acts |
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You may not engage in other activities, illegal or not,
that are harmful to our clients, operations, reputation,
or customer relations, as 2Advanced determines in our
sole discretion. |
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Password
Security |
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We rely on you to keep your password secure. Any and
all access to or use of the Services through your account
is your responsibility. No one may attempt to obtain another
user's account password. |
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Prohibited
Affiliations |
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| 4. |
Contacting
2Advanced |
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Contact
Information |
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We require that you make information publicly available
about how to contact you, and that you respond in a timely
manner to any of our complaints of abuse of the Services.
Further, you agree to abide by and additionally be governed
by the covenants and restrictions set forth in the 2Advanced
Abuse Policy, updated from time to time by 2Advanced and
located in the “Policies” Section of the 2Advanced.net.
If you fail to responsibly manage the use of the Services
obtained from 2Advanced or if you are found to be in violation
of the Abuse Policy, we may terminate Services to you,
without refund. |
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Reporting
Abuse |
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If you wish to report a violation of this AUP or the
Abuse Policy, you may contact us via email at abuse@2advanced.net
Any one wishing to send us a Notification of Claimed Infringement
pursuant to the Digital Millennium Copyright Act of 1998
("DMCA") must send such notification to copyright@2advanced.net
To be most effective, please provide the following information
on the alleged violation: |
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| (a). |
An email 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 what happened. |
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| 5. |
Revisions
to this Acceptable Use and Service Policy. We
reserve the right to revise this AUP, our Privacy Policy, our
Abuse 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 AUP, together with a revision date in the
“Policies” Section of our website located www.2Advanced.net. |
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