Company :: ASMGi Acceptable Use Policy ("AUP")

General
This Acceptable Use Policy sets out guidelines for acceptable use of the Advanced Server Management Group, Inc. Network. The ASMGi Network" includes, without limitation, ASMGi's networks, and all systems, services, and products that utilize, or are utilized in connection with, ASMGi's networks. "ASMGi" includes, without limitation, ASMGi, and any division, subsidiary, affiliate, or parent company of any of the foregoing.

All users of ASMGi’s Network are required to comply with this policy. Users must also comply with all terms and conditions of applicable agreements, and with any additional policies that may be applicable to a specific service offered by ASMGi.

Conformance With Policies of Other ISPs In situations where data communications are carried across networks provided by other Internet Service Providers ("ISP's"), users of the ASMGi Network must also conform to the applicable acceptable use policies of such other ISPs.

Questions, Comments, or Complaints
If you are unsure whether any contemplated use or action is permitted, please contact ASMGi at support@ASMGi.com.

Any complaints regarding prohibited use or other abuse of the ASMGi Network, including violations of this Acceptable Use Policy, should be sent to abuse@ASMGi.com.

Any questions about this agreement can be forwarded to: Advanced Server Management Group, Inc., 111 Lakeview Lane, Suite 101, Chagrin Falls, OH 44022; or by email to: legal@ASMGi.com. 

Revisions
ASMGi may modify this Acceptable Use Policy at any time, and such modifications shall be effective immediately upon posting of the modified Acceptable Use Policy. Users agree to review the Acceptable Use Policy periodically to be aware of such modifications and continued access or use of the ASMGi Network shall be deemed acceptance of the modified Acceptable Use Policy.

COMPLIANCE

• To protect the reputation and resources of ASMGi, its clients, and the Internet community at large, from irresponsible or illegal activities.
• To ensure the privacy, security, and reliability of the ASMGi Network, the network and systems of ASMGi's clients, and (as much as ASMGi is reasonably able to do so) the Internet at large.
• To establish guidelines for the acceptable use of the ASMGi Network.
• To define generally those actions which ASMGi considers abusive and prohibited.
• To outline procedures for handling and reporting abuse to ASMGi.

Responsibilities  
ASMGi provides an unfiltered connection to the Internet. No data, documents, materials, or information that enters the ASMGi Network is reviewed before being transmitted to users. Accordingly, ASMGi neither controls nor accepts responsibility for the content of any communications that are transmitted or made available to users, regardless of whether they originated from users of the ASMGi Network. In addition, ASMGi expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of the ASMGi Network. Each user is responsible for complying with this Acceptable Use Policy, and for providing reasonable assistance to ASMGi in investigating and resolving issues, problems, and/or complaints arising out of the services provided to such user.

Filters
Filters against particular networks or traffic types are generally available from a variety of sources. In addition, in certain circumstances and for an applicable fee, ASMGi may be able to install other filters upon the client's request.

Configuration
All users of the ASMGi Network are responsible for configuring their own systems to provide the maximum possible accountability. For example, users should ensure there are clear "path" lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, users should maintain logs of dynamically assigned IP addresses.

Reporting Violations
Users of the ASMGi Network are responsible for immediately reporting to ASMGi (via e-mail or phone) any network issue which could compromise the stability, service or security of any use by ASMGi or its clients of ASMGi’s Network.

Resellers and Downstream Service Providers
Some users may be clients of Internet Service Providers (ISPs) that receive Internet connectivity through ASMGi. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their clients of this Acceptable Use Policy and for enforcing its restrictions with regard to their clients' actions.

Complaints about clients of any such reseller or downstream service provider will be forwarded to the reseller or downstream service provider for resolution. If at any time ASMGi determines that such a reseller or downstream service provider is not taking appropriate action in accordance with this Acceptable Use Policy, ASMGi will work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, ASMGi will take such further action as it deems appropriate, up to and including termination proceedings.

Violations of this Acceptable Use Policy by a client or end-user of a reseller or downstream service provider will be considered violations of this Acceptable Use Policy by the reseller or downstream service provider.

CONSEQUENCES OF NON-COMPLIANCE

Violation of this Acceptable Use Policy is strictly prohibited. In the event of any actual or potential violation, ASMGi reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by ASMGi, to block any abusive activity, or to take any other actions as deemed appropriate by ASMGi at its sole discretion.

Users who violate this Acceptance Use Policy may incur criminal or civil liability. In the event of suspected, alleged, or actual illegal activity, ASMGi may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with the appropriate authorities in connection with any civil or criminal investigations.

PROHIBITED USE

• Infringes any copyright, trademark, trade secret, or other intellectual property right.
• Is obscene or constitutes child pornography.
• Is libelous, defamatory, hateful, or constitutes an illegal threat or abuse.
• Violates export control laws or regulations.
• Encourages conduct that would constitute a criminal offense or give rise to civil liability.

B. Abuse
The following general actions are considered "abuse" and are strictly prohibited:

• Any conduct which violates the accepted norms and expectations of the Internet community at large (whether or not detailed in this Acceptable Use Policy). ASMGi reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
• Resale of ASMGi's services or products, unless expressly authorized in a separate written agreement with ASMGi.
• Any conduct that restricts or inhibits any other user, whether a client of ASMGi or a user of any other system or network, from using or enjoying any of ASMGi's services or products, as determined by ASMGi at its sole discretion.
• Harassment, whether through language, frequency, or size of messages.
• Creating, forwarding, posting, or distribution of chain messages of any type.
• Forging of message headers or a sender's identity, or taking any similar action with the intent of bypassing restrictions or limits on access to a specific service or site (such as a moderated newsgroup or a site utilizing filters). This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers.
• Falsifying identity or contact information (whether given to ASMGi, to the InterNIC, or put in a message header) to circumvent this Acceptable Use Policy. This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers.
• Furnishing false or incorrect data to ASMGi on written or online applications, contracts, or other materials or information provided to ASMGi, including fraudulent use of credit card numbers or "bill to" telephone numbers.
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of ASMGi's products and services.

C. Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. ASMGi will investigate potential security violations, and may notify the appropriate law enforcement authorities if violations are suspected.

It is strictly prohibited to attempt to circumvent the authentication procedures or security of any host, network, network component, or account (i.e. "cracking") to access data, accounts, or servers which the user is not expressly permitted or authorized to access. This prohibition applies whether or not the attempted intrusion is successful, and includes unauthorized probes or scans performed with the intent to gather information on possible security weaknesses or exploitable configurations.

Users of the ASMGi Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a user's premises be violated, the user is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the user is responsible for re-configuring the system to stop the abuse.

Users are prohibited from interfering or attempting to interfere with service to any other user, host, or network on the Internet ("denial of service attacks"). Examples of such prohibited activity include without limitation (a) sending massive quantities of data (i.e. "flooding" with ICMP, SMTP, or any other type of traffic that exceeds accepted norms of size and/or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts, (b) attempting to attack or disable any user, host, or site, or (c) using, distributing, or propagating any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host, system, or site (for example, by propagating messages, via e-mail, Usenet posting, or otherwise, that contain computer worms, viruses, control characters or Trojan horses).

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

D. E-Mail
Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail") over the Internet. Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

• Sending unsolicited bulk e-mail ("UBE", or "spamming"). This includes, but is not limited to, the distribution of UBE for commercial, informational, advertising, political, or religious purposes.
• Setting up "mailback" or "drop box" addresses in order to receive responses from UBE, either directly by the user or by a third party on behalf of the user.
• Using a mail transport agent (MTA) outside of a user's own site to relay mail (unless a user has received express permission to do so). Even if permission has been received, users are prohibited from forging their identities to make it appear as though the e-mail sourced from the relay.
• Sending UBE, or posting news, to advertise or promote resources whose connectivity depends in any way on the ASMGi Network, regardless of whether such UBE or news posting is made using the ASMGi Network. For example, using another ISP's services to send UBE which advertises a web page hosted by or via the ASMGi Network is prohibited.
• Hiring or using any third party service for the purpose of distributing UBE or excessively "multi-posting" or "cross-posting" any Usenet posting in the name of a user. Users will be held responsible for the actions of any third party agent that acts on behalf of or for the benefit of the user, and such users will be held directly accountable for any violations of this Acceptable Use Policy by such third party agent.

Bulk e-mail may be sent only to recipients who have expressly requested receipt of such e-mail. Users that send solicited bulk e-mail are required to maintain records of all bulk e-mail subscription requests, and to provide ASMGi with such records upon request of ASMGi, to enable ASMGi to investigate complaints from third parties. The sender of any solicited bulk e-mail shall, upon the request of a recipient, immediately remove such recipient from all applicable mailing lists and refrain from further transmissions of e-mail to the recipient.

Use of any auto-responder messages, mailing lists, or any other programs or scripts run by a user to handle or re-distribute e-mail is the sole responsibility of the user, and will be operated in a reasonable manner. This responsibility includes, but is not limited to, maintaining up-to-date mailing lists to minimize mail bouncing and to facilitate the processing of removal requests, configuring auto-responders so that they do not create mail loops, and the prompt handling of any complaints regarding UBE re-distributed through a mailing list onsite.

E. USENET (also known as NETNEWS or NEWSGROUPS)
ASMGi recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroup. All Usenet guidelines and restrictions are incorporated herein by reference, and users of the ASMGi Network agree to adhere to such guidelines unconditionally.

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

• Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup.
• Posting binary files to newsgroups whose charter or name does not include allowances for such files.
• Posting via ASMGi's newsfeed any solicitation for mailback to an e-mail address (including addresses of non-ASMGi users) with the intention of bypassing this Acceptable Use Policy.
• Canceling newsgroup postings other than their own, or using auto-responders or cancel-bots (or similar automated or manual routines) which generate excessive network traffic or disrupt Usenet newsgroup/e-mail use by others (except in cases of official newsgroup moderators performing their duties).
• Engaging in "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP) or "Usenet spam" (no matter what the content might be) as defined by the Internet community and expressed in the news.admin.net-abuse.* newsgroups and FAQs.
• Disrupting newsgroups with materials, postings, or activities that are (as determined by ASMGi in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.
• Using filtering messages (e.g. NoCeM) in an intrusive manner, or at other than the user's server level. Generally, filtering messages are considered normal Usenet traffic and are treated as such by ASMGi. Complaints regarding filter use or abuse should be directed either to the source generating them or the sites utilizing them.
• Performing any unauthorized creation, cancellation, or removal of newsgroups.

The legitimacy of a given post or cancellation is determined by the official newsgroup or mailing-list moderator. Therefore, ASMGi defers to their judgment on these issues. If no such official entity exists, it is at ASMGi's discretion to determine whether any post or cancellation is compliant with this Acceptable Use Policy and Internet community standards for that newsgroup.

F. World Wide Web
ASMGi strictly prohibits users from engaging in any of the following web-related activities:

• The exploitation or attempted exploitation of any scripts presented on web pages (e.g. forms for answering questions or for entering data).
• Excessive use of bandwidth by utilizing programs, scripts, or commands to abuse a web site (for example, by connecting for an excessive amount of time, repeatedly engaging site-local scripts, or related behavior).
• "Walking" a database for the purpose of collecting data contained therein (whether or not this behavior requires that the reader of the page must knowingly ignore files such as "robot.txt" which is designed to guide cataloguing robots/programs).
• Operating a robot on a site's page after the site has asked that the behavior cease.
• Configuring a web page to act maliciously against users that visit that web page.

LEGAL

ASMGI MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE ASMGI NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

COMPLAINTS AND CONTACT INFORMATION FOR ASMGI CLIENTS