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1. Introduction
Cosmoslink Internet Services ("CIS") is committed to and supports the free flow of information and ideas over the Internet. CIS does not actively monitor nor does CIS exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over CIS services. However, CIS reserves the right to remove any materials CIS does become aware of that are, in CIS's sole discretion, potentially illegal, could subject CIS to liability, could disrupt the reasonable operations of CIS's network and systems, or violate this Acceptable Use Policy ("Policy").
Each CIS customer is responsible for the activities of its customer base or end-users that use CIS services and, by accepting service from CIS, is agreeing to ensure that its customers abide by this Policy. Complaints about customers or end-users of a CIS customer will be forwarded to the CIS customer's administrator for action. If irresponsible or illegal activity continues, then the CIS customer's Products and Services may be subject to termination or other action as CIS deems appropriate without notice.
Your violating this Policy may result in the suspension or cancellation of your CIS services without notice. You should read and interpret this Policy in conjunction with the CIS's Terms and Conditions for Internet Service.
By using CIS's system, network, and other resources you indicate acceptance of CIS's Terms and Conditions and this Acceptable Use Policy, and agree to pay CIS the fees associated with the service used.
2. Policies
The following are violations of CIS's acceptable use policies:
2.1. Using any account for high volume or commercial use above or beyond the base level of services included in that account. If you would like to receive high-volume or commercial services, please contact CIS's Sales Department at 1-714-257-1100 x. 176 for information. Activities which are prohibited as high volume or commercial use include, but are not limited to:
2.1.1. Any mailbox exceeding 10 MB may, at CIS's discretion, be transferred to a compressed temporary file or storage. Members will be notified at that time with further information. Sixty days after this notification, CIS reserves the right to delete the temporary file from the server.
2.1.2. Exceeding 10 MB of disk space for free Web sites. Any free Web site exceeding 10 MB will be suspended until the customer brings the disk space usage under 10 MB. Additional disk storage is available for additional charge according to CIS's current rates then in effect. These prices may also be obtained by calling 1-714-257-1100 x. 176.
2.1.3. Exceeding 1 GB of traffic in a one month period for free Web sites. Any Free Web site exceeding 1 GB of traffic will be billed for the excess traffic Charges will be determined according to CIS's current rates then in effect. These prices may also be obtained by calling 1-714-257-1100 x. 176
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2.2. Using CIS services for illegal purposes or in support of illegal activities. In accordance with the CIS's Terms and Conditions for Internet Service, CIS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, web sites or other copyrighted sources, and copyrighted software.
2.2.2. Exporting software or technical information in violation of U.S. export control laws.
2.2.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain'letters.
2.2.4. Threatening bodily harm or property damage to individuals or groups.
2.2.5. Making fraudulent offers of products, items, or services originating from your account.
2.2.6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user, or, attempting to penetrate security measures of CIS's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
2.2.7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
2.2.8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any CIS's customers or end-users by any means or device.
2.2.9. Knowingly engaging in any activities that will cause a denial-of-service (e.g., synchronized number sequence "SYN" attacks) to any CIS customers or end-users, including mail-bombing (see definition below).
2.2.10 Using CIS's Products and Services to interfere with the use of the CIS network by other customers or authorized users, or in violation of the law or in aid of any unlawful act.
2.3. Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 5 MB of data to a newsgroup.
2.3.1. Sending unsolicited email messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.
2.3.1.1. Customer acknowledges that he/she/it is expressly prohibited from utilizing CIS's service, CIS's equipment or any of CIS's electronic mail addresses, including electronic mail addresses from domains served by CIS, in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to any number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of CIS's service, CIS's equipment or any of CIS's electronic mail address.
2.3.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and /or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
2.3.1.3. Customer specifically agrees that he/she/it will not utilize CIS's service, CIS's equipment or any CIS electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to any number of recipients or 15 or more newsgroups in a single day. For each message upon which violates this provision, Customer agrees to pay CIS $10.00 per message for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, CIS may waive all or part of the applicable charge. In cases of willful violations of this provision, Customer agrees to pay CIS $500.00 per message. CIS at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent CIS from seeking to obtain other legal remedies against customer, including other damages or an injunction.
2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your business or household).
2.4.1 Simultaneous login use of the same username and password combination is generally prohibited.
2.5. Forging any message header or email address, in part or whole, of any electronic transmission, originating or passing through CIS services. The forging of any email address for a CIS customer is prohibited without explicit written authorization from the customer.
2.6. Distributing viruses to or from CIS systems.
2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using CIS services or use the account for the purpose of operating a server of any type without written permission of CIS.
2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
2.11. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).
2.12. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
2.13 Sending email to a list of addresses which results in more than 10 messages returned as undeliverable. It is the Customer's responsibility to verify the validity of email addresses prior to sending to a list.
2.14. Engaging in any of the above activities using the service of another provider but channeling such activities through an CIS account or re-mailer, or using an CIS account as a mail drop for responses.
3. CIS Assumes No Liability
CIS has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on CIS's systems, nor can CIS ensure prompt removal of any such communications or content after transmission or posting. Accordingly, CIS does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.
4. Revisions to this Policy
CIS reserves the right to modify this Policy at any time without prior notice. Notice of modifications to this Policy may be given to subscribers by posting such changes to the CIS web site (http://www.cosmoslink.net), by electronic mail, or by conventional mail.
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