Extreme Programming's Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what Extreme
Programming (hereafter
referred to as "The Company") expects of them while using the service.
All users of The Company'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 The Company's Service constitutes acceptance and agreement
to The Company's AUP as well as The Company's TOS
(Terms of Service)
IMPORTANT NOTICE: *All Payments To The Company Are Non-Refundable*
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. The Company
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 account or other actions as detailed below WITHOUT
PRIOR NOTICE.
This document is intended to provide a basic understand of The Company's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of The Company'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
The Company
intends to provide its customers access to everything the Internet
has to offer. While the The
Company is firmly
committed to
the principles
of free speech, certain activities that may be damaging
to the resources of both
the Company and the Internet and cannot be permitted
under the guise of free speech. The resources of The Company
and the Internet are
limited, and abuse
of these resources by one user has a negative impact
on the entire community. We do not routinely monitor the activity of accounts except for measurements
of system utilization and the preparation of billing records. 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 service. We also reserve the right to perform routine checks
on accounts to verify their content and that they are conforming to
our guidelines.
You may not use your site to publish material, which The Company determines,
at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms
of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our
TOS, we reserve the right to terminate your service without
notice.
We prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use
Policy will result in immediate termination of service. Our failure
to enforce this policy, for whatever reason, shall not be construed
as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please
contact us at admin@extremeprogramming.com.
VIOLATIONS OF The Company's ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: The Company's services may not be
used for illegal purposes, or in support of illegal activities. The
Company 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 Company's service to
harm, or attempt to harm, minors in any way, including, but not limited
to child pornography.
- Threats: Use of the Company's 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 Company's
service to transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another.
- Fraudulent activity: Use of The Company's
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 information 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 Company's
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 account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their site that support spammers or cause any of our IP space to be listed
in any of the
various Spam Databases will have their account immediately removed from our
network. The account will not be reactivated until such time that you agree
to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow confirmation that
all material has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal of the account
from our network without notice to the customer. Any account guilty of a
second violation WILL be immediately and permanently removed from our network
without notice.
- 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 account.
- E-mail / Message Forging: Forging
any message header, in part or whole, of any electronic transmission,
originating or passing through The
Company's service is in violation of this AUP.
- Usenet SPAMing: The Company
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 Company's
service to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt
to penetrate, security measures of The Company'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
account is subject to immediate termination.
- Copyright or trademark
infringement: Use of the The Company's service to transmit
any material (by e-mail, uploading, posting, hot linking,
directly linking 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
Company's service to collect, or attempt to collect, personal information
about
third parties without
their knowledge or consent is strictly prohibited.
- Network disruptions
and unfriendly activity: Use of The Company's service for
any activity which affects the ability of other people
or systems to use The Company's 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. 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. The Company will 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.
- Net Send Spam: The use of the net send utility
to send unsolicited bulk communication is prohibited. This technique
may
result in account
suspension or termination. Violations of this policy carry severe
penalties, including termination of service.
- Fraud: 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.
- Third
Party Accountability: The Company subscribers will be held responsible
and accountable for any activity by third parties, using their account,
that violates guidelines created within this Acceptable Use Policy.
- Violation Of The Company Virtual Accounts: It is ABSOLUTELY
FORBIDDEN to host pornographic content or IRC servers on Accounts.
Accounts found
hosting this material will be subject to immediate cancellation without
refund.
- IRC networks: It is absolutely forbidden to host an IRC
server that is part of or connected to another IRC network or server.
Sites
found
to be connecting to or part of these networks will be immediately removed
from our network without notice. The site will not be reactivated until
such time that you agree to completely remove any and all traces of
the irc server, and agree to let us confirm that the content has been
completely removed. Any site guilty of a second violation will result
in immediate account termination.
- Domains Chargeback Resolution: If
the charge for a domain or set of domains is charged back, The Company
has the right to take control
of the domain or set of domains that was paid for by the disputed charge.
The Company will change the domain account information as needed to
take control of the domain or set of domains. The user is not guaranteed
to be contacted in the event that a chargeback is received.
- Peer to
Peer Software (File Sharing): The use of Peer to Peer or file sharing
software to permit the sharing, copying or distribution of
unauthorized copyrighted material on The Company's service is prohibited.
Use of such software could result in suspension of service.
Customer/Server Safety: Any attempts to undermine or cause harm to a Company
server, customer, or Affiliate is strictly prohibited.
Any customer must adhere
to the above policies. The failure to meet or follow any of the above guidelines
are grounds for account termination
WITHOUT REFUND. We reserve the right to remove any account without
prior notice.
Security 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 other
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. The Company 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.
Network Performance
The Company 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 The Company systems or networks. The Company reserves the right
to terminate or limit such activities.
REPORTING VIOLATIONS OF The Company's AUP
The Company requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at admin@extremeprogramming.com.
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. The Company 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 The Company 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. Notice of any revision, amendment, or modification
will be posted in accordance with our TOS (Terms
of Service).
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