Acceptable Use Policy

The actions described below are defined by Login as “Policy violations” and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer’s responsibility to determine whether the use is permitted by contacting Login at [email protected].

In order to comply with applicable laws and lawful governmental requests, to protect Login’s services and ensure the integrity and operation of its business and systems, Login may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on the services. Login also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

Prohibitions

The following activities are expressly prohibited, and Login expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but is not limited to, filtering, suspending, or terminating accounts, end-users or Customers that engage in system abuse or who refuse to address user abuse. In general, Login Customers may not use Login’s network, machines, or services in any manner which:

• Violates any applicable law, regulation, treaty, or tariff;
• Violates the acceptable use policies of any networks, machines, or services which are accessed through Login’s network;
• Infringes on the intellectual property rights of Login or others;
• Violates the privacy of others;
• Involves the resale of Login’s products or services, unless specifically documented in a separate written agreement or in the initial Customer contract with Login;
• Involves deceptive online marketing practices including, without limitation practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes;
• or otherwise violates this Acceptable Use Policy.

Prohibited activities also include but are not limited to, the following:

• Unauthorized use (or attempted unauthorized use) of any machines or networks;
• Attempting to interfere with or denying service to any user or host (e.g. denial of service attacks);
• Falsifying header information or user identification information;
• Introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
• Monitoring or scanning the networks of others without permission;
• Attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access;
• Executing any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer;
• Attempting to circumvent Customer authentication or security of any host, network, or account;
• Using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet; sending unsolicited bulk email;
• Maintaining an open mail relay;
• Collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
• Transmitting or receiving copyright-infringing or obscene material;
• Furnishing false or incorrect data on the signup form;
• or attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of Login’s products and services.
• Transmit, distribute or store information or material that, as reasonably determined by Login, is (i) inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence, or which violates a law, regulation, or public policy; (ii) harmful to or interferes with provision of services, or any third party’s networks, equipment, applications, services, or web sites (e.g., the sending, storage or transmission of information regarding internet viruses, worms, phishing, Trojan horses, packet, flooding, mail bombing, or denial of service attacks); (iii) fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”); or (iv) violates generally accepted standards of services usage;
• Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, patents, and unauthorized use of domain names, held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Login may be required by law to remove or block access to Content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of Users who commit repeat violations of copyright laws;
• Attempt to disrupt, degrade, impair, or violate the integrity or security of the services or the computers, services, accounts, or networks of any other party (e.g., “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of services or IP space;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of packet, flooding, mail bombing, denial of service attacks, and piracy of software;
• Attempts to circumvent, avoid, or alter any method of measuring or billing for the Service, or otherwise being required to pay for the services;
• Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Login, but also because it can overload our network and disrupt service to our subscribers. When a complaint is received, Login has the discretion to determine from all of the evidence whether the email recipients were from a double ‘opt-in’ email list;
• Exporting encryption software over the Internet or otherwise, to points outside the United States;
• Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating software;
• Engaging in activities, whether lawful or unlawful, that Login determines to be harmful to its customers, operations, reputation, goodwill, or customer relations;
• Forging any TCP/IP packet header or any part of an email header, newsgroup posting or other internet protocol;
• Violate the applicable acceptable use policies of ISPs when data, content, or other communications are carried across the networks of such ISPs.

Dedicated and Co-location Customers

Login dedicated Internet and co-located customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Policy to its users, and take steps to ensure compliance by their users with this Policy including, without limitation, termination of the user for violations of this policy. Login dedicated Internet and web hosting customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Login’s network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Login for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Login’s Acceptable Use Policy.

Reasonable steps include, but are not limited to, using ip verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate. Email Sending unsolicited (“opt-out”) bulk email is prohibited. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Login, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to Customers or users who engage in the practice. Customers or users who send unsolicited bulk email from Login networks will be charged the cost of labor to respond to complaints, with a minimum charge of $500. Customers or users who send bulk email to “opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. The following actions are likewise prohibited:

• Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
• Using email to disrupt (e.g., mail bombing, “flashing,” etc.) is prohibited.
• Sending email with falsified header information.
• Sending email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised.
• Creating or forwarding chain letters, pyramid schemes, and hoaxes
• Using the Login or customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider.

The World Wide Web and FTP

Web pages or FTP files may not contain any material, text, or images, whether hosted on Login servers or “transclusioned” (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.

Internet Relay Chat or Messaging

Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC or any messaging platform is prohibited. Impersonating other users, advertising, and spamming via IRC or any messaging platform is prohibited.

Servers and Proxies

Users may not run on Login-owned servers any program which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Customers are responsible for the security of their own networks and machines. Login will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer’s system or account may result in suspension of services or account access by Login, for example, if a system is abused after becoming infected with any type of Remote Access Trojan program as a result of an Internet download or executing an email attachment. Any programs, scripts, or processes which generate excessive server load on Login servers are prohibited and Login reserves the right to terminate or suspend any such program, script, or process.

Unsolicited Bulk Email Support Services and Email Address Harvesting

Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose. Referral ID Services Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Login. Customers must be able to provide visible evidence from the UBE-advertised link that a member of their referral ID service has had their membership terminated.

Storage

The storage of any program, utility or file on Login’s servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Login’s servers. Third Party Information Login does not provide any of your information to third parties other than as necessary to provide your services. Similarly Login does not respond to third parties claiming to represent you. If you wish to have us work with a third party which you would like to authorize, you must do so in an open ticket or in writing. All unsolicited third-party contact will not be acknowledged.

Export Control

Login’s services are provided from the United States. By using and accessing the service, Customer agrees and acknowledges that it and its authorized users will access and use the services and any other personal information only in the United States. Customer’s use of the services is governed by U.S. export control laws. These laws apply regardless of whether a user actually resides in the United States. More information about U.S. export laws may be found at: https://media.bis.gov/frequently-asked-questions-faqs. These laws generally prohibit: (i) selling certain products and services outside the U.S.; and/or (ii) doing business with individuals or entities with whom U.S. citizens may not do business.

Disclaimer

Login is not responsible in any manner for any nonconforming services to the extent caused by any user or its agents. In addition, Login is not responsible for loss or corruption of data in transmission, or for failure to send or receive data, due to events beyond our reasonable control. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGIN MAKES NO AND SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH AN EVENT THE ABOVE EXCLUSION WILL APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW.