| ACCEPTABLE USE
POLICY (AUP)
Introduction
This Acceptable Use Policy ("AUP") sets forth the
principles that govern the use by customers of the systems,
services and products provided by SkilTech, Inc. ("Company").
The AUP has been created to promote the integrity, security,
reliability and privacy of Company's systems and networks.
Compliance With Law
Customers shall not post, transmit, re-transmit or store material
on or through any of Company's system services or products that:
(i) is in violation of any local, state, federal or non-United
States law or regulation; (ii) threatening, obscene, indecent
, defamatory or that otherwise could adversely affect any individual,
group or entity (collectively, "Persons"); or (iii)
violates the rights of any person, including rights protected
by copyright, trade secret, patent or other intellectual property
or similar laws or regulations including, but not limited to,
the installation or distribution of "pirated" or other
software products that are not appropriately licenses for use
by customer.
Prohibited Uses of Company's Systems,
Services and Products
This AUP identifies the actions that the Company considers
to be abusive, and thus, strictly prohibited. In addition to
the other requirements of this AUP, Customer may only use the
Company's systems, services and products in a manner that, in
the Company's sole judgement, is consistent with the purposes
of such systems, services and products. If a customer is unsure
whether a contemplated use or action is permitted under the
AUP, the customer should e-mail Company with a description of
the proposed use at support@skiltech.com
for a determination as to whether the use is permissible under
this AUP. The examples identified in the subsections below are
non-exclusive and are provided, in part, for guidance purposes.
The following uses of Company's systems, services and products
as described in subsections A through D are expressly prohibited:
A. Prohibited Actions: General Conduct
• Transmitting on or through any of Company's systems,
services, or products any material that is, in Company's sole
discretion, unlawful, obscene, threatening, abusive, libelous,
or hateful, or encourages conduct that may constitute a criminal
offense, may give rise to civil liability, or otherwise may
violate any local, state, national or international law.
• Transmission, distribution, or storage of any information,
data or material in violation of United States or state regulations
or law, or by the common law.
• Violations of the rights of any Person protected by
copyright, trade secret, patent or other intellectual property
or similar laws or regulations.
• Actions that restrict or inhibit any Person, whether
a customer of the Company or otherwise, in its use or enjoyment
of any of the Company's systems, services or products.
• Resale of Company's services and products, without the
prior written consent of Company.
• Deceptive on-line marketing practices.
• Furnishing false data on the signup form, contract,
or online application, including fraudulent use of credit card
numbers (such conduct is ground for immediate termination and
may subject the offender to civil or criminal liability).
B. Prohibited Actions: System and
Network Security
• Attempting to circumvent user authentication or security
of any host, network, or account ("cracking"). This
includes, but is not limited to, accessing data not intended
for the customer, logging into a server or account the customer
is not expressly authorized to access, or probing the security
of other networks (such as running a SATAN scan or similar tool).
• Effecting security breaches or disruptions of Internet
communications. Security breaches include, but are not limited
to, accessing data of which customer is not an intended recipient
or logging onto a server or account that customer is not expressly
authorized to access. For purposes of this section, "disruption"
includes, but is not limited to, port scans, ping floods, packet
spoofing, forged routing information, deliberate attempts to
overload a service, and attempts to "crash" a host.
• Using any program/script/command, or sending messages
of any kind, designed to interfere with a user's terminal session,
by any means, locally or by the Internet.
• Executing any form of network monitoring which will
intercept data not intended for Customer.
C. Prohibited Actions: E-Mail
• Harassment, whether through language, frequency, or
size of messages, is prohibited.
• Sending unsolicited mail messages, including the sending
of "junk mail" or other advertising material to individuals
who did not specifically request such material ("e-mail
spam"). Customers are explicitly prohibited from sending
unsolicited bulk mail messages. This includes, but is not limited
to, bulk-mailing of commercial advertising, informational announcements,
and political tracts. Such material may only be sent to those
who have explicitly requested it. If a recipient asks to stop
receiving e-mail, the • Customer must not send that person
any further e-mail.
• Creating or forwarding "chain letters" or
other "pyramid schemes" of any type, whether or not
the recipient wishes to receive such mailings.
• Malicious e-mail, including, but not limited to, "mailbombing"
(flooding a user or site with very large or numerous pieces
of e-mail).
• Unauthorized use, or forging, or mail header information.
• Using a Company or a customer account to collect replies
to messages sent from another provider.
• Use of unsolicited e-mail originating from the SkilTech
network or networks of other Internet Service Providers on behalf
of, or to advertise any service hosted by SkilTech, or connected
via the SkilTech network.
D. Prohibited Actions: Usenet Newsgroups
• Posting the same or similar messages to large numbers
of Usenet newsgroup ("Newsgroup spams or USENET spam").
• Posting chain letters of any type.
• Posting encoded binary files to newsgroups not specifically
named for that purpose.
• Forging of header information. This includes attempting
to circumvent the approval process for posting to a moderated
newsgroup.
• Solicitations of mail for any other e-mail address other
than that of the poster's account or service, with intent to
harass or to collect replies.
• Postings that are in violation of the written charters
or FAQ's for those newsgroups.
• Posting of Usenet articles from the SkilTech network
or networks of other Internet Service Providers on behalf of,
or to advertise any service hosted by SkilTech, or connected
via the SkilTech network.
• Advertisements posted in newsgroups whose charters or
FAQ's explicitly prohibit them. The poster of an advertisement
or other information is responsible for determining the etiquette
of a given newsgroup, prior to posting to it.
Complaint and Enforcement
A. Complaint
Complaints regarding abusive conduct may be reported by FAX
to (302) 836-3314.
Complaints will also be accepted via e-mail to abuse@skiltech.com,
so long as a valid return address is included. SkilTech must
be able to independently verify each instance of abuse, and
so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL
MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted
parts of a message; sending a copy of the entire message, including
headers, helps to prevent misunderstandings based on incomplete
information, or information used out of context. Full headers
demonstrate which path the message has taken, and enable us
to determine whether any part of the message has been forged.
This information is vital to our investigation.
B. Enforcement
Company may, in its sole discretion, suspend or terminate a
customer's service for violation of any of AUP at any time and
without warning. As a matter of general practice, Company will
issue a maximum of one warning prior to terminating service.
Depending upon the nature and severity of the violation, however,
termination may be immediate. Company may seek criminal prosecution
of violators under the applicable laws
of the State of Maryland.
Liability
In no event will Company be liable to any customer or third
party for any direct, indirect, special or other consequential
damages for actions taken pursuant to this AUP, including, but
not limited to, any lost profits, business interruption, loss
of prog rams or other data, or otherwise, even if Company was
advised of the possibility of such damages.
Miscellaneous
A. Modification of AUP
Company retains the right to modify the AUP at any time and
any such modification shall be automatically effective as to
all customers when adopted by Company.
B. Applicability of AUP
The actions listed herein are also not permitted from other
Internet Service Providers. Deceptive marketing, as defined
by the Federal Trade commission Deception Policy Statement,
is not permitted through the SkilTech services or network. These
rules apply to other types of Internet-based distribution mediums
as well, such as RLG's Ariel system (a system for sending FAX-like
documents over the Internet).
C. Company Is Not Responsible For Content
Company is not responsible for the content of any e-mail or
USENET posting, whether or not the posting was made by a customer
of the Company.
D. Removal of Materials/Termination
At its sole discretion, Company reserves the right to remove
materials from its servers and to terminate internet access
to customers that Company determines have violated this AUP.
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