Acceptable Use Policy
Sidus Data's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Sidus Data expects of them while using the service. All users of Sidus Data's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Sidus Data Service constitutes acceptance and agreement to Sidus Data's AUP as well as Sidus Data's TOS (Terms of Service). We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Sidus Data may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Sidus Data account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Sidus Data's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Sidus Data's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users.
VIOLATIONS OF Sidus Data ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: Sidus Data's services may not be used for illegal purposes, or in support of illegal activities. Sidus Data reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the Sidus Data service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the Sidus Data service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the Sidus Data service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of Sidus Data service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Sidus Data service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Sidus Data account.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Sidus Data account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Sidus Data service is in violation of this AUP.
- Usenet SPAMing: Sidus Data has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the Sidus Data service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Sidus Data's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Sidus Data account is subject to immediate termination.
- Copyright or trademark infringement: Use of the Sidus Data service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data: Use of the Sidus Data service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the Sidus Data service for any activity which affects the ability of other people or systems to use Sidus Data Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Sidus Datawill not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Sidus Data services could result in suspension service.
- Third Party Accountability: Sidus Data subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
SPAM and Unsolicited Commercial Email (UCE):
Sidus Data takes a zero tolerance approach to the sending/transacting of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Sidus Data may not use or permit others to use our network to transact in UCE.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam is stricly prohibited.
Customers of Sidus Data may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. (spamvertising)
In addition, the following are also stricly prohibited.
- offering for sale or otherwise enabling access to bulk email lists
- software products or services that facilitate the sending of unsolicited email
- software products or services facilitate the assembling of multiple e-mail addresses ("spamware").
Violations of this policy carry severe penalties, including termination of service.
- Violation of Sidus Data's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Sidus Data will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sidus Data may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Sidus Data may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sidus Data reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sidus Data will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 Sidus Data personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the Sidus Data network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IP Addresses - Dedicated Servers and Server Colocation
While we will allocate our customers an "limited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
- You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. · Users who violate systems or network security may incur criminal or civil liability. Sidus Data will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Sidus Data accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Sidus Data systems or networks. Sidus Data reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Sidus Data AUP
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Sidus Data may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Sidus Data reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.
- Terms for Payment:
All payments shall be monthly by credit card on file, or in advance on a yearly basis. No monthly invoices will be sent.The grant of any license or right of copyright is conditioned on receipt of full payment.
- Default in Payment:
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. Any delinquent account may be terminated by Sidus Data with no prior notice given!
The Client shall indemnify Sidus Data against all claims and expenses, including reasonable attorney's fees, due to uses of which no release was requested in writing or for uses which exceed authority granted by a release.
Client agrees to release Sidus Data from any liability for content hosted on Sidus Data's computer network. The Client assumes full liability for all content.
- Termination of Contract:
The term of contract for all Sidus Data services is one year, however, any client's service may be terminated by client with 60 day written notice. If said client wishes, upon notice of termination by said client, that services rendered by Sidus Data be ceased immediately, an early termination fee equal to two months of the contracted monthly fee will be applied. If said client wishes to terminate 12 month contract in advance of this annual agreement, any discounts applied at the time of order are void and said client agrees to pay Sidus Data the balance of any discounts applied at the time of order. In the case that client does not cancel service within 60 days of the anniversary date, the contract will automatically renew for another 12 month term.Sidus Data reserves the right to hold any software or intellectual property of the Client until such time as payment in full is received. Sidus Data agrees to refund set up and monthly fees if we fail to meet the requirements of this contract within the first thirty days of the contract period.