ACCEPTABLE
USE POLICY
Introduction and Purpose
This
document sets forth the principles, guidelines
and requirements of the Acceptable
Use Policy of Effective Data Management
International.
("Company") governing the
use by the Customer ("Customer")
of the Company's services and products
("Services
and Products"). The Purpose of
the edm-i Acceptable Use Policy, hereinafter
referred
to as the AUP, is to comply with all
National and International
laws coupled with protecting
the network security, network availability,
physical
security, Customer privacy, and other
factors affecting the services provided
by edm-i.
edm-i reserves the right to impose
reasonable rules and regulations regarding
the use
of its services provided to all Customers
and
such rules and regulations are subject
to change. Such rules and regulations
are located
on the Internet at http://www.edm-i.com/toc.htm
The
AUP is not an all-inclusive exhaustive list
and edm-i reserves the right to
modify the AUPs at any time as
needed, effective
upon either the posting of the
modified AUPs to the above web page or notification
to
the Customer via email. Acceptance
and execution of the Terms and
Conditions
Agreement binds
all parties to edm-i stated AUP
at the
time the contract is executed
and as modified
from time to time. Any violation
of the AUPs may result in the suspension
or
termination
of your account or such other
action as edm-i deems appropriate. No credits
will be issued
for any interruption in service
resulting
from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY
PROHIBITED AND MAY RESULT IN THE IMMEDIATE
TERMINATION OR SUSPENSION OF THE SERVICES
YOU RECEIVE FROM edm-i.
Any questions or comments regarding the
AUP should be submitted through our contact
page http://www.edmi.com/team.htm
Compliance with Law
Customers
shall not post, transmit, retransmit or
store material on or through any of Services
or Products which, in the sole judgment of
the Company (i) is in violation of any National,
local, state, federal or non-United States
law or regulation, (ii) threatening, obscene,
indecent, defamatory or that otherwise could
adversely affect any individual, group or
entity (collectively, "Persons")
or (iii) violates the rights of any person,
including rights protected by copyright,
trade secret, patent or other intellectual
property or similar laws or regulations including,
but not limited to, the installation or distribution
of "pirated" or other software
products that are not appropriately licensed
for use by the Customer. The Customer shall
be responsible for determining what laws
or regulations are applicable to its use
of the Services and Products.
Customer Security Obligation
Each
Customer must use reasonable care in keeping
each server or network devices
attached to edm-i infrastructure up-to-date
and patched
with the latest security updates. Failure
to use reasonable care to protect your
server may result in a security compromise
by outside
sources. edm-i is not responsible for Customer
server level security unless a security
administration package, firewall security
administration
package or fully managed operating system
package is contracted for. A compromised
server creating network interference will
result in immediate Customer notification
and will be disconnected from the network
immediately in order that it does not directly
affect other Customers. No service credits
will be issued for outages resulting from
disconnection due directly to breached
server security. The Customer is solely responsible
for any breaches of security affecting
servers
under Customer control. If a Customer intentionally
creates a security breach, the cost to
resolve any damage to Customer's server or
other
servers will be charged directly to the
Customer. The labour used to resolve such
damage is
categorized as emergency security breach
recovery and is currently charged at £150
per hour.
System and Network Security
Violations of system or network security
are strictly prohibited, and may result in
criminal and civil liability. edm-i investigates
all incidents involving such violations and
will cooperate with law enforcement agencies
if a criminal violation is suspected.
Examples of system or network security violations
include, without limitation, the following:
-
Introduction
of malicious programs into the network
or server (example: viruses,
worms, Trojan Horses
and other executables intended to inflict
harm).
-
Effecting security
breaches or disruptions of Internet
communication and/or connectivity.
Security breaches
include, but are not limited to, accessing
data of which the Customer
is not an intended
recipient or logging into a server
or account that the Customer is
not expressly authorized
to access. For purposes of this section, "disruption" includes,
but is not limited to port scans, flood pings,
email-bombing, packet spoofing, IP spoofing
and forged routing information.
-
Executing any form of network activity
that will intercept
data not intended for the Customer's
server.
-
Circumventing user authentication or
security of any host, network or
account.
-
Interfering
with or denying service to any user
other than the Customer's
host (example:
denial of service
attack or distributed denial of service
attack).
-
Using any program script/command, or
sending messages
of any kind, designed to interfere
with or to disable, a user's terminal
session, via any
means, locally or via the
Internet.
-
Failing to comply
with the Company's procedure relating
to the activities of
Customers on the
Company's premises. Violators of the
policy are responsible,
without limitations,
for the cost
of labour to correct all damage done
to the operation of the network and
business operations
supported by the network.
Such labour is
categorized as emergency security breach
recovery and is currently
charged
at £150 per hour required. Network
interference by any Customers that may
cause or is currently causing network interference
with another Customer will be disconnected
immediately. No service credits will be
issued
to Customers disconnected for network violations.
Internet Etiquette
Each Customer is expected to use reasonable
Internet etiquette (Netiquette). The Customer
will comply with the rules appropriate to
any network to which edm-i may provide access.
The Customer should not post, transmit, or
permit Internet access to information the
Customer desires to keep confidential. The
Customer is not permitted to post any material
that is illegal, libelous, and tortuous,
indecently depicts children or is likely
to result in retaliation against edm-i by
offended users. edm-i reserves the right
to refuse or terminate service at any time
for violation of this section. This includes
advertising services or sites via IRC or
USENET in clear violation of the policies
of the IRC channel or USENET group.
Child Pornography
edm-i will cooperate fully with any criminal
investigation into a Customer's violation
any National, local or international laws
pertaining to child pornography. Customers
are ultimately responsible for the actions
of their clients over the edm-i network,
and will be liable for illegal material posted
by their clients.
According to the definitions of our Child
Protection Policy, child pornography includes
photographs, films, video or any other type
of visual presentation that shows a person
who is or is depicted as being under the
age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual
activity, or the dominant characteristic
of which is the depiction, for a sexual purpose,
of a sexual organ or the anal region of a
person under the age of eighteen years or
any written material or visual representation
that advocates or counsels sexual activity
with a person under the age of eighteen years.
Violations
of our Child Protection Policy must be
reported to abuse@edm-i.com
Email Policy
Mass Mailings. edm-i has a zero stance policy
on SPAM, Junk E-mail or UCE. Spam, Junk-mail
and UCE are defined as: the sending of the
same, or substantially similar, unsolicited
electronic mail messages, whether commercial
or not, to more than one recipient. A message
is considered unsolicited if it is posted
in violation of a newsgroup charter or if
it is sent to a recipient who has not requested
or invited the message. UCE also includes
e-mail with forged headers, compromised mail
server relays, and false contact information.
This prohibition extends to the sending of
unsolicited mass mailings from another service,
which in any way implicates the use of edm-i
whether or not the message actually originated
from our network.
Mailing Lists: edm-i's mass mailing rules
also apply to mailing lists, list servers,
or mailing services you may contract with.
The policy is stated as follows: An acceptable
mailing list will be focused at a targeted
audience that has voluntarily signed up for
your e-mail information or that has made
their e-mail address available for distribution
of information from you. The list must also
allow for automatic removal by all end Customers
with non-distribution in the future.
If
your actions have caused edm-i mail servers
or edm-i IP address ranges to be placed on
blackhole lists and other mail filtering
software systems used by companies on the
internet, you will be assessed a £250
charge to your account and £100 per
hour for administrative charges incurred
to remove and protect mail servers and IP
ranges.
-
Violation of the above terms will result
in one or all of the following:
-
• A warning from via email or phone.
• Removal of DNS for the advertised / originating site.
• Temporary shutdown of the server or a block on outgoing mail.
• IP address routing to null.
-
Repeat
violation of the above terms will result
in the following actions:
- • Immediate disconnection of service
with no re-activation.
• £250 fee assessed to your account
for violation.
-
- Copyright
Infringement
edm-i datacenter infrastructures including
network, leased hardware, co-location services,
and other hardware located in the facility
may only be used for lawful purposes. Transmission,
distribution, or storage of any information,
data or material in violation of United Kingdom.
United States or state regulation or law,
or by the common law, is prohibited. This
includes, but is not limited to, material
protected by copyright, trademark, trade
secret, or other intellectual property rights.
Creative, utilizing, or distributing unauthorized
copies of software are a violation of UK,
US, federal and state law. If you copy, distribute
or install the software in ways that the
license does not allow, you are violating
copyright law. edm-i will cooperate with
all law enforcement agencies in relation
to alleged copyright infringement housed
in our datacenters.
IP
Allocation
edm-i
administers an Internet network on which
multiple Customer servers reside. Customers
shall NOT use IP addresses that were not
assigned to them by edm-I, NOC staff or network
administrators. Any server utilizing IP addresses
outside of the assigned range will be suspended
from network access until such time as the
IP addresses overlap can be corrected. Use
of an unauthorized IP address will result
in a charge of £10 per IP. Use of an
unauthorized IP address creating a third
party Customer outage will result in a £250
charge and termination of service until the
IP allocation is resolved.
IRC Policy
IRC Servers are not allowed.
Suspension and Cancellation
edm-i
reserves the right to suspend service to any
Customer located in our datacenter
for violation of the AUP. edm-i will use
reasonable care in notifying the Customer
and in resolving the problem in a method
resulting in the least amount of service
interference as reasonably possible. edm-i
reserves the right to terminate service without
notice for continued and repeated violations
of the AUP. Continued violations of the AUP
resulting in cancellation of services will
also result in a fee in the amount of £250
and contract acceleration for all amounts
outstanding under the contract term.
NOTE
Fees, costs and other financial arrangements
are calculated in pounds sterling. Such charges,
if applied to non-UK customers will be rendered
in pounds sterling at the current exchange
rate as determined by the National Westminster
Bank plc (UK) at the time of levy.
|
