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Alcatraz
Media Acceptable
Use Policy.
These terms shall apply to entrance and services
provided to the accessing customer by Alcatraz
Media. Approval of services by any customer
shall comprise acceptance of these provisions
and conformity to be bound hereby.
1.0
Security and Passwords
1.1 The customer will be provided with or will select
an identification code (username) and confidential
password for Customer's exclusive use. The Customer
account is intended to be a single-user account.
Customer agrees to pay and be responsible for, upon
receipt of each monthly statement, all usage of
this identification code. In locations where simultaneous
login with the same username is allowed, Customer
understands that there will be an additional charge
for the duration of all concurrent sessions.
You are responsible for any
misuse of the Services that you have contracted
for, even if the inappropriate activity was committed
by a friend, family member, guest, employee or customer
with access to your account. Therefore, you must
take steps to ensure that others do not gain unauthorized
access to the Services. The
Services may not be used to breach the security
of another user or to attempt to gain access to
any other person's computer, software or data, without
the knowledge and consent of such person. They also
may not be used in any attempt to circumvent the
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 other networks. Use or distribution of tools
designed for compromising security, such as password
guessing programs, cracking tools, packet sniffers
or network probing tools, is prohibited.
You may not disrupt the Services.
The Services also may not be used to interfere with
computer networking or telecommunications services
to any user, host or network, including, without
limitation, denial of service attacks, flooding
of a network, overloading a service, improper seizing
and abuse of operator privileges and attempts to
"crash" a host. The transmission or dissemination
of any information or software which contains a
virus or other harmful feature also is prohibited.
You are solely responsible for the security of any
device you choose to connect to the Services, including
any data stored on that device. In particular, Alcatraz
Media recommends against enabling file or printer
sharing of any sort. Alcatraz Media recommends that
any files or services you do choose to make available
for remote access be protected with a strong password
or as otherwise appropriate.
1.2
The Customer understands that Provider is not liable
if Customer's username and/or password are compromised.
Further, the Customer is expected to maintain a
secure password consisting of no known word or phrase
and using numbers, letters, and (optionally) certain
special characters. Hence, the Customer may be held
liable for any actions taken by an individual or
group who have obtained/guessed the Customer's password
and used it to access his account. Under no circumstances
is Provider liable for the actions taken by a compromised
account.
1.3
The Customer understands that Provider does not
maintain a record of existing passwords. If the
Customer forgets his/her password, the only recourse
will be for Provider to issue a new password upon
verification of the caller's identity.
1.4
Information transmitted over the Internet and/or
other computer networks is generally not considered
to be secure. While Alcatraz Media Hosting respects
the privacy of our customers, the Customer understands
that there is no guaranteed privacy on the Internet
and that Alcatraz Media Hosting can not be liable
or responsible for any viewing or interception of
Customer's e-mail, downloads, news, etc., by other
customers or individuals at Alcatraz Media Hosting
or on any network.
2.0 Illegal Use of Accounts
2.1 Alcatraz Media Hosting and accounts may
only be used for lawful purposes. Use of an Alcatraz
Media account or service in an illegal manner is
grounds for instantaneous termination. Said Customer(s)
must agree to hold harmless and indemnify Alcatraz
Media against any claims or charges that arise from
Customer's use of Alcatraz Media services and/or
accounts. The use of the Services for any
activity that violates any local, state, federal
or international law, order or regulation is a violation
of this Policy.
Prohibited
activities include, but are not limited to:
Posting
or disseminating material which is unlawful (such
as child pornography or obscene material).
Disseminating
material which violates the copyright or other intellectual
property rights of others. You assume all risks
regarding the determination of whether material
is in the public domain. Pyramid
or other illegal soliciting schemes.
Any
fraudulent activities, including impersonating any
person or entity or forging anyone else's digital
or manual signature.
2.2
Use of a Alcatraz Media Hosting account to gain
passwords, encryption codes, or other security
information of Provider or other sites on any
computer network is grounds for instantaneous
termination and, if illegal, will be reported
to the proper authorities. Use of an Alcatraz
Media Hosting account to break into an Alcatraz
Media server or another site's machine is also
grounds for instantaneous termination and will
be reported to the affected site and the proper
authorities.
2.3
All services provided to the Customer(s) by Alcatraz
Media Hosting may only be used for lawful purposes.
Transmission or storage of any information, data,
or material in violation of any US Federal or state
regulation or law is prohibited. This includes,
but is not limited to material protected by copyright,
trade secret, or any other statutes, threatening
material or obscene material. The Customer(s) agrees
to indemnify and hold harmless Alcatraz Media Hosting
from any claims resulting from the subscriber's
use of the service, which damages either the Customer(s)or
another party or parties.
3.0 Inappropriate Content
3.1 There may be content on the Internet or
otherwise available through the Services which may
be offensive to some individuals, or which may not
be in compliance with all local laws, regulations
and other rules. For example, it is possible to
obtain access to content which is pornographic or
offensive, particularly for children. Neither Alcatraz
Media nor any of its distribution affiliates can
assume any responsibility for the content contained
on the Internet or otherwise available through the
Services. You must assume the risk of accessing
content through the Service, and neither Alcatraz
Media nor any of its distribution affiliates shall
have any liability for any claims, losses, actions,
damages, suits or proceedings arising out of or
otherwise relating to access to such content. Parents
may want to use a program capable of restricting
access to sexually explicit material on the Internet.
Content questions or complaints should be addressed
to the content provider.
You are solely responsible
for any information which you publish on the web
or other Internet services. You must ensure that
the recipient of the content is appropriate. For
example, you must take appropriate precautions to
prevent minors from receiving inappropriate content.
Alcatraz Media and its distribution affiliates reserve
the right to refuse to post or to remove any information
or materials, in whole or in part, that it, in its
sole discretion, deems to be offensive, indecent,
or otherwise inappropriate regardless of whether
such material or its dissemination is unlawful.
Neither Alcatraz Media nor
any of its distribution affiliates has any obligation
to monitor transmissions made on the Services. However,
Alcatraz Media and its distribution affiliates have
the right to monitor such transmissions from time
to time and to disclose the same in accordance with
your subscriber agreement. By
using the Services to reproduce, publish, display,
transmit and distribute content, a user is warranting
that the content complies with this Policy and authorizing
Alcatraz Media and its distribution affiliates to
reproduce, publish, display, transmit and distribute
such content as necessary for Alcatraz Media to
deliver the content in a timely manner.
4.0 Service Termination
4.1 Provider reserves the right to terminate all
services to any customer with multiple accounts
should any such account become delinquent and
are not paid within 15 days of any billing due
date. Multiple accounts include but are not limited
to parent, subsidiary, and affiliated corporations;
individuals and partnerships; individuals and
sole proprietorships; and any other entities to
which there is any direct or indirect connection
between the accounts.
4.2 Customer understands that Provider reserves
the right to terminate any account for any reason
or for no reason and at any time. Customer understands
and agrees that no prepaid charges are refundable
in the event of such termination.
4.3 Provider is in no manner responsible for the
content or effect of any matter or information transmitted
or accessed through the services, nor shall Provider
bear any responsibility for the accuracy, completeness,
legality or effect of any such matter or information
or the result of its access or use.
5.0
Email
5.1 The
Services may not be used to send unsolicited bulk
or commercial messages. This includes, but is not
limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions
for signatures and political or religious messages.
Such messages may only be sent to those who have
explicitly requested it. The Services may not be
used to send messages to any individual who has
indicated that he/she does not wish to receive messages
from you.
5.2
The Services may not be used to collect responses
from unsolicited email sent from accounts on other
Internet hosts or email services which violates
this Policy or the acceptable use policy of any
other Internet service provider. Moreover, unsolicited
email may not direct the recipient to any web site
or other resource which uses the Services.
5.3
Forging, altering or removing electronic mail headers
is prohibited.
5.4
You may not reference the Alcatraz Media network
(e.g. by including "Organization: Alcatraz
Media" in the header or by listing an IP address
that belongs to the Alcatraz Media network) in any
unsolicited email even if that email is not sent
through the Alcatraz Media network.
5.5
"Mail bombing" is prohibited. That is,
you may not send numerous copies of the same or
substantially similar messages, nor may you send
very large messages or files to a recipient with
the intent to disrupt a server or account. The propagation
of chain letters is similarly prohibited, whether
or not the recipient wishes to receive such mailings.
5.6
Alcatraz Media is not responsible for the forwarding
of email sent to any account which has been suspended
or terminated. Such email will either be returned
to sender, ignored, deleted, or stored temporarily
at Alcatraz Media's sole discretion.
6.0
Internet Relay Chat
6.1
The Services may be used to participate in "chat"
discussions. These discussions may be hosted by
Alcatraz Media network servers, by third party
servers, or may not involve any servers at all.
In all cases, the Alcatraz Media network does
not normally monitor the contents of the discussion
and is not liable for the contents of any communications
made via Internet chat.
6.2
The Services may not be used to send messages
which disrupt another Internet user's equipment,
including software, hardware, and user display.
6.3
The Services may not be used to access any chat
server in violation of the acceptable use policy
of that server. The Services may not be used to
manipulate any chat server in order to harass
or disconnect other Internet users, or to gain
privileges which have not been authorized.
A customer may not use the Services to connect
to chat servers or channels from which they have
been previously banned. The Services may
not be used to continue to send chat messages
to an Internet user who has indicated their desire
to not receive such messages. Forging, altering,
or obscuring your identity (other than using a
nickname from which Alcatraz Media could if necessary
determine your real name) while participating
in chat sessions is forbidden.
7.0 Web Space
Alcatraz
Media will not routinely monitor the contents of
your WebSpace; however, Alcatraz Media and its distribution
affiliates have the right to monitor such and if
complaints are received regarding language, content
or graphics contained on your web pages, Alcatraz
Media may remove the web page hosted on Alcatraz
Media servers and terminate your account.
8.0
Bandwidth, Data Storage and Other Limitations
8.1
You must comply with the then current bandwidth,
data storage and other limitations on the Services.
8.2
Users must ensure that their activity does not improperly
restrict, inhibit, or degrade any other user's use
of the Services, nor represent (in the sole judgment
of Alcatraz Media) an unusually large burden on
the network itself. In addition, users must ensure
that their activity does not improperly restrict,
inhibit, disrupt, degrade or impede Alcatraz Media's
ability to deliver the Services and monitor the
Services, backbone, network nodes, and/or other
network services.
8.3
Alcatraz Media network customers may not resell,
share, or otherwise distribute the Services or any
portion thereof to any third party without the written
consent of Alcatraz Media. For example, you cannot
provide Internet access to others through a dial
up connection, host shell accounts over the Internet,
provide email or news service, or send a news feed.
9.0
Conclusion
9.1 Alcatraz
Media does not routinely monitor the activity of
accounts for violation of this Policy. However,
in our efforts to promote good citizenship within
the Internet community, we will respond appropriately
if we become aware of inappropriate use of our Services.
Although Alcatraz Media has no obligation to monitor
the Services and/or the network, Alcatraz Media
and it various affiliates and partners reserve the
right to monitor bandwidth, usage, and content from
time to time to operate the Services; to identify
violations of this Policy; and/or to protect the
network and Alcatraz Media users.
9.2
Alcatraz Media prefers to advise customers of inappropriate
behavior and any necessary corrective action. However,
if the Services are used in a way which Alcatraz
Media or its distribution affiliates, in their sole
discretion, believe violate this Policy, Alcatraz
Media or its distribution affiliates may take any
responsive actions they deem appropriate. Such actions
include, but are not limited to, temporary or permanent
removal of content, cancellation of newsgroup posts,
filtering of Internet transmissions, and the immediate
suspension or termination of all or any portion
of the Services. Neither Alcatraz Media nor its
distribution affiliates will have any liability
for any such responsive actions. The above described
actions are not Alcatraz Media's exclusive remedies
and Alcatraz Media may take any other legal or technical
action it deems appropriate.
9.3
Alcatraz Media reserves the right to investigate
suspected violations of this Policy, including the
gathering of information from the user or users
involved and the complaining party, if any, and
examination of material on Alcatraz Media's servers
and network. During an investigation, Alcatraz Media
may suspend the account or accounts involved and/or
remove material which potentially violates this
Policy. You hereby authorize Alcatraz Media and
its distribution affiliates to cooperate with (i)
law enforcement authorities in the investigation
of suspected criminal violations, and (ii) and system
administrators at other Internet service providers
or other network or computing facilities in order
to enforce this Policy. Such cooperation may include
Alcatraz Media providing the username, IP address,
or other identifying information about a subscriber.
Upon termination of an account, Alcatraz Media is
authorized to delete any files, programs, data and
email messages associated with such account.
9.4
The failure of Alcatraz Media or its distribution
affiliates to enforce this Policy, for whatever
reason, shall not be construed as a waiver of any
right to do so at any time. You agree that, if any
portion of this Policy is held invalid or unenforceable,
that portion will be construed consistent with applicable
law as nearly as possible, and the remaining portions
will remain in full force and effect. This Policy
shall be exclusively governed by, and construed
in accordance with, the laws of the State of California.
9.5
These terms and conditions suppressed all previous
representations, understandings all agreements
(weather written, oral or electronic) and shall
prevail notwithstanding any variance with terms
or conditions of any orders submitted. Alcatraz
Media Hosting reserves the right to revise its
policies at any time.
10.0
DDoS / DoS Attack Policy
10.1 Alcatraz Media takes
any type of DoS attack seriously. We cooperate
with the proper authorities when and where possible
to mitigate damages and service intrerruptions.
Our IRC servers are behind a two tiered firewall system consisting of two primary firwalls with two backups. Though the firewalls will block most (D)DoS attacks, some may still cause harm to our services. We do our best to adapt as quickly as possible to avoid any interruption in our services.
If an account is continually attacked more than three (3)
times in a 24 hour period we must close the account
to perserve our quality of service
to our other customers. This is NON-NEGOTIABLE.
Any Questions? Please contact
us.
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