ELAN ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy specifies the actions prohibited by Elan
Communications Inc (short form "Elan") to users of the Elan Network. Elan
reserves the right to modify the Policy at any time, effective upon posting
of the modified policy to this URL: http://www.elan.net/aup.htm
Illegal use
The Elan Network may be used only for lawful purposes. Transmission, distribution
or storage of any material (including but not limited to material protected
by copyright, trademark, trade secret or other intellectual property right
used without proper authorization, material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws) in violation
of any applicable law or regulation (including but not limited to United
States Federal Laws, Laws of the State of California as well as other
laws that protect againt slander, invasion of privacy, harassment,
infringement or misappropriation of another party's intellectual property
rights) is prohibited.
System and network security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. Elan will investigate incidents involving
such violations and may involve and will cooperate with law enforcement
if a criminal violation is suspected. Examples of system or network security
violations include, without limitation, the following:
-
Unauthorized access to or use of data, systems or networks, including web
page defacement, any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without express authorization of the owner of the system or network
-
Interference with service to any user, host or network including, without
limitation, mailbombing, flooding, deliberate attempts to overload a system
and broadcast attacks and any other activity that threatens the integrity
of any network or computer system (such as transmission of worms, viruses
and other malicious codes).
-
Unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network.
-
Forging of any TCP-IP packet header or any part of the header information
in an email or a newsgroup posting
-
Attempts to use our services or services provided by other internet providers
(including content providers) in such a manner so as to avoid incurring
charges for or otherwise being required to pay for such usage where payments
are requried for use of the service
Email, Email Lists, Usenet Mailing Lists, Instant Messaging, Windows Messenger Service (popup messages)
It is contrary to our policy for users using Elan Network or any resouce
on Elan Network to effect or participate in any of the activities listed
below:
-
Sending unsolicited message (including, without limitation, commercial
advertising and informational announcements) to more than 25 users if the
mesage could reasonably be expected to provoke complaints. Except as
otherwise defined under applicable law, "unsolicited" does not include:
(i) a message addressed to an individual with whom the sender has a
pre-existing and ongoing business or personal relationship;
(ii) a message addressed to an individual from a non-commercial organization
or entity of which the individual is a member; or
(iii) a posting to a List that does not otherwise violate this Acceptable
Use Policy.
-
Posting messages substantially similar in content to 10 or more Usenet
or other newsgroups, forums, listservs, or other similar groups or lists
(each, a "List") during any consecutive period of 15 days or less
-
Posting messages, articles, or other content to a List which are off-topic
according to the charter or other owner-published FAQs or descriptions
of the List
It is also anacceptable for user on Elan Network to engage in any of
the above listed activities by using another provider's service, but
channelling the activity through or to or otherwise using services of
Elan Network (such as using email account for autoreply, using remailer
or having website on Elan Network).
Responsibility for Third Parties
Any Prohibited Activity effected or participated in (whether actual
or attempted and whether directly or indirectly) by a third party on behalf
of or otherwise for the benefit of a Elan customer or any customer or end
user of a Elan Network will be considered a Prohibited Activity engaged
in by the Elan customer
Rights and Remedies
Engaging (or permitting others to engage) in Prohibited Activity may
result in termination or suspension of the Elan customer’s and/or other
offender's account and/or access to Services. Elan may also, where feasible,
implement technical mechanisms to prevent a Prohibited Activity where volations
occur on network of our downstream customer and may at its discretion temporarly
disconnect our downstream customer until such time as the Prohibited Activity
has been stopped by our customer. Nothing here limits Elan' rights
and remedies (available at law or in equity) in any way with respect to
any Prohibited Activity, and Elan may take any additional actions it may
deem appropriate with respect to a Prohibited Activity, including taking
action to recover the costs of identifying offenders and removing them
from Elan Network.
This AUP is effective Sep 01, 2001. Some minor modifications (updated
contact information below and word and gramar corrections) done on July 1, 2003.
Complaints regarding Illegal Use of System, Network Security, Email Abuse
& other issues should be sent to abuse@elan.net. For live
incidents where activities result in serious network degradation at
another ISP, please contact Network Operations at noc#elan.net
(only ISPs are allowed to report abuse to noc, all other reports directly
from end-users should be made to abuse@elan.net only. Any reports sent to
both noc and abuse will ONLY be received at abuse). If you're unable to
make email report of the abuse, you can also reach us at 206-600-4982.