Acceptable Use Policy
Last Modified: 11/18/04 |
|
| Introduction
This AUP sets forth provisions of acceptable use of L1ght
Networks ("L1ght") products and services. All L1ght users
are required to comply with this policy, along with any and all
applicable laws and regulations in full. This is in addition to
any terms and conditions of applicable agreements. L1ght works to
provide its customers with the highest quality services available,
while respecting the standards that have been created both by the
Internet community, and through legislation. To that end, inappropriate
or abusive activities and conduct will not be tolerated by L1ght
Networks. L1ght reserves the right to modify this AUP from time
to time, without notice. Users are encouraged to review this AUP
often for changes or new information. Please send questions, comments,
or complaints regarding this AUP to abuse@L1ght.net
As an Internet Service Provider, it is not practical for L1ght
to monitor the content of information passing through its network.
L1ght exercises no control whatsoever over the content of any information
passing through its network and is not responsible for damages customers
may suffer for any reason. Any persons or organizations, including
L1ght customers, who publish material or information made accessible
through L1ght networks are solely responsible for the content of
such material and information, and are solely responsible to know
and comply with the laws applicable to the publication of such materials
and information. L1ght will cooperate with legal authorities in
the investigation of any suspected criminal or civil infringements. |
|
Responsibilities
In addition to being responsible for their own actions, each L1ght
customer is responsible for the activities of its customer base
or end-users and, by accepting service from L1ght, agrees to inform
its customers and/or end-users of this AUP or its own AUP, which
must not be inconsistent with the terms herein.
L1ght customers may not misrepresent themselves to be someone they
are not. Use of an identity other than one's own (i.e. an alias
or identity theft), or use of a stolen or fraudulent credit card,
is grounds for immediate termination.
Configuration
All systems which are connected to L1ght's network shall be configured
in accordance with industry standards, applicable laws, and regulations;
and, in particular, must conform with approved RFC standards documents,
which are published periodically by the IETF:
http://www.ietf.org/rfc.html.
- Systems on L1ght's network may not be configured in any way
which obscures system identification information.
- Proxy servers of any kind must be configured to prevent unauthorized
use.
|
|
|
Reporting
Customers of L1ght are responsible for immediately reporting any
issue which could compromise the stability, service or security
of any user or system connected to L1ght's network.
|
|
|
Prohibited Use
These lists are intended to illustrate some, but
not all, inappropriate and improper conduct, which are prohibited
by L1ght Networks.
Illegal Use
L1ght's services are only to be used for lawful purposes. Customers
may not transmit, retransmit or store material in violation of any
federal or state laws or regulations, including, but not limited
to, obscenity, indecency, defamation or material infringing trademarks
or copyrights. L1ght customers may not abuse or fraudulently use
L1ght products and services, nor allow nor permit such use by others.
Child Pornography
It is illegal under Federal child exploitation statutes to possess,
produce, receive, transport or distribute by any means, including
computer, sexually explicit visual depiction of children.
Abuse
The following general actions are considered "abuse" and
are prohibited:
- General: Any conduct which is inconsistent with generally accepted
norms and expectations of the Internet community (whether or not
detailed in this AUP). L1ght reserves the right, in its sole discretion,
to make a determination whether any particular conduct violates
such norms and expectations.
- Distribution of Viruses: Intentional or unintentional distribution
of software that attempts to cause damage or annoyance to persons,
data, or computer systems.
- Fraudulent Activities: Intentional misrepresentation or misleading
statement or activity made with the intent that the person receiving
it will act upon it; or attempting to obtain service by any means
with intent to avoid payment (E.g. "phishing").
- Cracking: Attempting to circumvent authentication or security
of any host, network, or account.
- Unauthorized Access to Other Computers, Accounts, or Networks:
Attempting to access any computer resource belonging to another
party, or attempting to penetrate security measures of other systems,
including unauthorized monitoring or scanning of the networks
of others.
- Network Sabotage: Any use of L1ght products and services to
interfere with the use of Internet resources or L1ght's network
by other customers.
- Pyramid Schemes: A fraudulent system of achieving financial
gain which requires an endless stream of recruits for success.
- Unlawful Acts: Any use of L1ght products and services to violate
the law or in aid of any unlawful act.
|
|
| Security
-
L1ght users are expected configure their systems
in a secure manner. Should a user's system be exploited by unauthorized
persons, the user is responsible for both reporting the violation
(where applicable), as well as fixing the exploited system.
-
Customers may not interfere with services (e.g.
a DoS Attack), whether intentionally or through neglect, of
any other host, or network.
-
The prevention of "unintentional attacks",
such as infection by and propagation of computer viruses, are
the responsibility of every user.
-
Users are prohibited from injecting, intentionally
or negligently, false or unauthorized network control data into
L1ght's network (i.e. in the form of incorrect routing or DNS
information).
|
 |
Email
Users are prohibited from engaging in improper use or distribution
of email. Users are strictly prohibited from engaging in any of
the following activities:
-
Sending UBE ("spam") for any purpose
whatsoever.
-
Having third parties send out UBE on any user's
behalf ("spamvertizing").
-
Using L1ght facilities to receive replies from
unsolicited emails ("drop-box" accounts).
-
Configuring any email server in such a way that
it will accept third party emails for forwarding ("open
mail relay"). If a site has roaming users who wish to use
a common mail server, the mail server must be configured to
require some form of user identification and authorization.
(E.g. SMTP AUTH)
Mass or commercial email may be sent only to recipients who have
expressly requested receipt of such emails, by the sending of
an email request to the person performing the mass or commercial
mailings. This exchanging of requests, acknowledgments, and final
confirmations ("confirmed opt-in") must be adhered to
in their entirety for any mass or commercial email to be considered
permitted by L1ght.
Note: L1ght discourages the sending of bulk mail, and only permits
such mailings in rare cases, and then only after Confirmed Opt-In
has been verified.
In the absence of positive, verifiable proof to the contrary,
which must be provided before the mail campaign is initiated,
L1ght considers complaints by recipients of emails to be de-facto
proof that the recipient did not subscribe or otherwise request
the email(s) about which a complaint was generated.
|
 |
DMCA Policy
It is the policy of L1ght Networks to respond expeditiously to
claims of intellectual property infringement. L1ght Networks will
promptly process and investigate notices of alleged infringement
and will take appropriate actions under 17 USC ยง512 ("DMCA")
and other applicable intellectual property laws. Upon receipt
of notices complying with the DMCA, when it is under its control,
L1ght Networks will act expeditiously to remove or disable access
to any material claimed to be infringing or claimed to be the
subject of infringing activity and will act expeditiously to remove
or disable access to any reference or link to material or activity
that is claimed to be infringing. L1ght Networks will terminate
access for customers who are repeat infringers. Webhosting customers
must adopt and implement a DMCA policy that reserves the necessary
rights to remove or disable infringing material. If you believe
that a copyrighted work has been copied and is accessible on our
network in a way that constitutes copyright infringement, you
may notify us by providing our registered copyright agent with
the following information:
Elements of Notification:
To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the designated
agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed. [As an electronic signature, L1ght's agent
accepts facsimile/fax and digitized image of your signature
attached to electronic mail.]
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site.
dentification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material. [Please include a URL such as http://... or ftp://...
identifying the material or representative material. If possible
specify any IDs, passwords, or other authorization required
to access the material. Please specify date, time, and timezone
from which the material was observed. Technicians may require
time information in order to identify dynamically assigned internet
locations.]
- Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which
the complaining party may be contacted.
- A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
|
 |
Notices of claimed infringement should be directed
to abuse@l1ght.net.
Note: It is assumed that complainants have explicitly requested
communication from the L1ght abuse department (abuse@l1ght.net),
and that such communication will be pre-authorized by the complainant.
If email replies to the complainant are blocked, challenged, or
otherwise frustrated, then L1ght will interpret this as a desire
by the complainant to cease communication and to withdraw the
claim.
|
 |
Enforcement
Suspension and Termination
L1ght may immediately suspend or terminate the service
of a customer as a result of the violation of any part of this policy
through verbal or written notice, which may be provided through
email or voicemail. Generally, L1ght will work to resolve violations
of this AUP and ensure there are no future violations; however,
L1ght reserves the right to suspend or terminate service based on
the first violation.
Remuneration
Customers who violate any of the provisions of this
policy may incur "clean-up" fees to cover the costs of
handling AUP violations, complaints, and technician expenses. The
amount of the fees may vary, but will be commensurate with the violations.
Disclaimer of Liability
L1ght has no practical ability to restrict conduct,
communications or content which might violate this AUP prior to
its transmission on L1ght's network. In addition, L1ght cannot guarantee
removal of any such communications or content after transmission.
Therefore, L1ght does not assume liability to customers or others
for any failure to enforce the terms of this AUP. Further, L1ght's
failure to enforce this policy in any instance in which it might
have application does not constitute a waiver of L1ght's rights.
|
 |
|