Acceptable Use Policy (AUP)

Acceptable Use Policy

    The usage of the words: "we", "our", "us", "Obtrix", and "company" refer to ("Obtrix"). The usage of the words: "you", "user", "users", "customer", "your", and "subscriber" refer to the customer of ("Obtrix").

    OBTRIX.NET ("OBTRIX") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

    Use of OBTRIX Service constitutes acceptance and agreement to OBTRIX's AUP as well as OBTRIX's TOS (Terms of Service).

    All provisions of this contract are subject to the TOS (Terms of Service) of OBTRIX and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

  1. Legal Uses: Host's system and services may not be used in any way which violates Federal, State, Local, or International law. This prohibits, but is not limited to, any actions which are threatening, obscene, defamatory, or which violate trade secret, copyright or patent protection, or rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event User is suspected of any such violation, Host reserves the right to immediately suspend or terminate User's account.

  2. Network Transmissions: User is responsible for any materials passed via Host's system to other networks, and agrees to comply with any restrictions posed by the other network's terms of service or acceptable use policies.

  3. Prohibited Materials: User is strictly forbidden from hosting websites that contain illegal pornographic materials or that send Unsolicited Commercial Email (UCE) otherwise known as SPAM.

  4. Confidentiality: Host will protect to the best of its ability the confidentiality of any files and electronic mail stored on or exchanged over the system, except as may be necessary to provide the requested Internet services, or as may be necessary to preserve the security and proper operation of Host's system, or to protect Host's rights or property.

    Host, except as otherwise provided for in this Agreement or as required by law, will use its best efforts to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.

    User acknowledges that no system on the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on or transmitted through Host's system is stored or transmitted at User's own risk.

  5. Security Concerns: User is responsible for choosing a secure password and for keeping it secret. User may not attempt to bypass any security mechanisms in place on Host's system, or use any of Host's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, port scanning, running any password cracking software, or attempting to access a system which any user knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.

  6. IRC/Bittorrent/P2P IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with Obtrix's services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client's IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then Obtrix may null-route, filter, suspend, or terminate that client's service. Obtrix allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

  7. Copyright Issues: User agrees not to upload to, download from, make available for public access on, or transmit through Host's system any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, User warrants that User has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works in excess of any legal right through Host's system is a violation of federal law and international treaties, and may result in not only termination of User's account, but also may result in civil and/or criminal fines and prison sentences.

    User agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via Host's system.

    User explicitly licenses Host to make any copies of copyright protected materials necessary to provide Internet and related services to User, as well as make any necessary copies necessary to preserve and maintain Host's system and User's files and electronic mail.

    User explicitly licenses Host to make any copies, without limitation, of any copyrighted materials submitted to a public forum maintained on Host's system, or submitted to any forum to which Host provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.

  8. SPAM and Unsolicited Commercial Email (UCE): OBTRIX takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of OBTRIX may not use or permit others to use our network to transact in UCE. Customers of OBTRIX may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

    Unauthorized use of the Obtrix network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email will result in immediate suspension of all services and may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) and the CAN-SPAM Act of 2003.

    a) Violation of OBTRIX's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, OBTRIX will initiate an immediate investigation (within 48 hours of notification). During the investigation, OBTRIX may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OBTRIX may, at its sole discretion, restrict, suspend or terminate customer's account. Further, OBTRIX reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. OBTRIX will notify law enforcement officials if the violation is believed to be a criminal offense.

  9. b) First violations of this policy will result in an "Administrative Fee" of $100 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $250 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that OBTRIX personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    c) As our Customers are ultimately responsible for the actions of their clients over the OBTRIX network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  10. Regarding Ultimate Liability: The client is ultimately responsible for individual server security. Obtrix disclaims all liability for server content.

  11. Network Misuse All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Obtrix, and an appropriate course of action shall be taken as determined by Obtrix in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server.. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

  12. Monitoring Policy Obtrix does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Obtrix, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

  13. Blacklist Policy If any client or any third-party user that is a customer of our client uses Obtrix's services, network, or its physical infrastructure in a manner that causes Obtrix, or any IP addresses issued by Obtrix to be "blacklisted" or "blocked", Obtrix reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Obtrix service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at shall constitute a violation of this AUP.

  14. Server Content: Obtrix does not actively monitor dedicated server content for review. Obtrix believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Obtrix servers. Content deemed in violation will be addressed pursuant to the Methods of Resolutio as outlined beforehand.

  15. Obtrix reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Obtrix also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.