LuxSci Acceptable Use Policy Background. Customer Security Responsibilities

Transcription

1 LuxSci Acceptable Use Plicy Backgrund Frm time t time Lux Scientiae may impse reasnable rules and regulatins regarding the use f its services. Such rules and regulatins are called Acceptable Use Plicies (AUPs) and are psted n the Internet at The AUPs are nt exhaustive and Lux Scientiae reserves the right t mdify the AUPs at any time, effective upn either the psting f the mdified AUPs t r by prviding ntice f the mdified AUPs t Lux Scientiae custmers. By registering fr and using the services, and thereby accepting the terms and cnditins f the Master Services Agreement, r its equivalent, Custmer agrees t abide by the AUPs as mdified frm time t time. Any vilatin f the AUPs may result in the suspensin r terminatin f yur accunt r such ther actin as Lux Scientiae deems apprpriate. An unlisted activity may als be a vilatin f the AUPs if it is illegal, irrespnsible, r disruptive. N credits will be issued fr any interruptin in service resulting frm AUP vilatins. VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM LUX SCIENTIAE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD, OR TRANSMIT THROUGH THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR , WEB PAGES, FILES, TEXTS, MESSAGES, FORM DATA, AND DOMAIN NAMES. IT IS LUX SCIENTIAE'S POLICY TO TERMINATE REPEAT INFRINGERS. LUX SCIENTIAE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. Custmer Security Respnsibilities If Custmer's server r accunt is invlved in a security breach r in an attack n anther server r system, it may be shut dwn r services may be disabled and an immediate investigatin will be launched t determine the cause/surce f the security issue. Custmer is slely respnsible fr any breaches f security affecting servers under custmer cntrl where said breaches are the result f the actin f Custmer's users, security issues in Custmer web sites, r the actins f anyne wh is using Custmer user, database, web site r ther credentials as part f the security incident. In these cases, Custmer is respnsible fr the cst t rectify any damage dne t Custmer's server,

2 accunt, and any ther systems affected by the security incident. The labr used t rectify any such damage is categrized as emergency security breach recvery and is currently charged at $500 USD per hur. Enquiries regarding security matters may be directed t Supprt at supprt@luxsci.cm. System And Netwrk Security Vilatins f system r netwrk security are prhibited, and may result in criminal and civil liability. Lux Scientiae may investigate incidents invlving such vilatins and may invlve and will cperate with law enfrcement if a criminal vilatin is suspected. Examples f system r netwrk security vilatins include, withut limitatin, the fllwing: Unauthrized access t r use f data, systems r netwrks, including any attempt t prbe, scan r test the vulnerability f a system r netwrk r t breach security r authenticatin measures withut express authrizatin f the wner f the system r netwrk. Unauthrized mnitring f data r traffic n any netwrk r system withut express authrizatin f the wner f the system r netwrk. Interference with service t any user, hst, r netwrk including, withut limitatin, mail bmbing, scanning, flding, deliberate attempts t verlad a system and bradcast attacks. Frging f any TCP-IP packet header r any part f the header infrmatin in an , message, r nline psting. Vilatrs f the plicy are respnsible, withut limitatins, fr the cst f labr t clean up and crrect any damage dne t the peratin f the netwrk and business peratins supprted by the netwrk, and t respnd t cmplaints incurred by Lux Scientiae. Such labr is categrized as emergency security breach recvery and is currently charged at $500 USD per hur required. Enquiries regarding security matters may be directed t Supprt at supprt@luxsci.cm. Lux Scientiae is cncerned with the privacy f nline cmmunicatins and web sites. In general, the Internet is neither mre nr less secure than ther means f cmmunicatin, including mail, facsimile, and vice telephne service, all f which can be intercepted and therwise cmprmised. As a matter f prudence, hwever, Lux Scientiae urges its custmers t assume that all f their nline cmmunicatins are insecure, unless specific services are used t secure it. Passwrd Prtectin Custmer is respnsible fr prtecting Custmer users' passwrds and fr any authrized r unauthrized use made f these passwrds. Custmer will nt use r permit anyne t use Lux Scientiae's service t guess passwrds r t access ther systems r netwrks

3 withut authrizatin. Lux Scientiae will fully cperate with law enfrcement authrities in the detectin and prsecutin f illegal activity. Custmer shall be slely respnsible fr maintaining the security f its accunts and passwrds, and fr preventing their unauthrized use. If the accunt hlder shall becme aware, r suspect, that any unauthrized persn has btained access thrugh their accunt, then the accunt hlder shall immediately ntify Lux Scientiae and change their passwrd. Spam and Cmmercial Advertisements with Lux Scientiae takes a zer tlerance apprach t the sending f Unslicited Cmmercial (UCE) r SPAM ver its netwrk. Very simply, this means that custmers f Lux Scientiae may nt use r permit thers t use its netwrk t transact in UCE. Custmers f Lux Scientiae may nt hst, r permit hsting f, sites r infrmatin that is advertised by UCE frm ther netwrks. Vilatins f this plicy carry severe penalties, including terminatin f service. Sending an unslicited message, especially an advertisement, t multiple recipients, is by itself spamming unless the individuals have specifically requested t be added t a mailing list n that tpic r have an existing business r persnal relatinship with the sender. This includes bth cmmercial advertisements and infrmatinal messages sent t recipients via electrnic mail ( ) as well as ff-tpic messages where the recipient has nt requested r invited the message. is a persn-t-persn medium, nt a bradcast medium. Custmers f Lux Scientiae are strictly prhibited frm using r permitting thers t use UCE r SPAM ver its netwrk. As ur Custmers are ultimately respnsible fr the actins f their users ver the Lux Scientiae netwrk, it is advisable that Custmers develp a similar, r stricter, plicy fr their users. Vilatin f Lux Scientiae's spam plicy will result in severe penalties. Upn ntificatin f an alleged vilatin f the spam plicy, Lux Scientiae will initiate an immediate investigatin (within 48 hurs f ntificatin). During the investigatin, Lux Scientiae may restrict custmer access t the netwrk t prevent further vilatins. If a custmer is fund t be in vilatin f the spam plicy, Lux Scientiae may, at its sle discretin, restrict, suspend r terminate Custmer's accunt. Further, Lux Scientiae reserves the right t pursue civil remedies fr any csts assciated with the investigatin f a substantiated plicy vilatin. Lux Scientiae will ntify law enfrcement fficials if the vilatin is believed t be a criminal ffense. Vilatin f Lux Scientiae's spam plicy shuld be reprted t abuse@luxsci.cm

4 SMS and SecureText Lux Scientiae prvides an SMS (aka texting) facility and SecureText uses this facility. Custmers are prhibited frm the use SecureText r Lux Scientiae's SMS facility t: Launch r facilitate, whether intentinally r unintentinally, a denial f service attack n any f the Lux Scientiae's Services r any ther cnduct that adversely impacts the availability, reliability r stability f the Lux Scientiae Services. Transmit any material that cntains viruses, trjan hrses, wrms r any ther malicius, harmful, r deleterius cntent. Use the Lux Scientiae Services in any manner that vilates any applicable industry standards, third party plicies r requirements that Lux Scientiae may cmmunicate t its users, including withut limitatin, all f the applicable guidelines published by the CTIA (Cellular Telephne Industries Assciatin), the Mbile Marketing Assciatin, r any ther accepted industry assciatins, carrier guidelines r ther industry standards. Engage in any unslicited advertising, marketing r ther activities, including, withut limitatin, any activities that vilate anti-spam laws and regulatins including, but nt limited t, the CAN SPAM Act f 2003, the Telephne Cnsumer Prtectin Act, and the D-Nt-Call Implementatin Act. Use the Lux Scientiae Services in cnnectin with any unslicited r harassing messages (cmmercial r therwise) including but nt limited t unslicited r unwanted SMS r text messages. Use Lux Scientiae Services t harvest r therwise cllecting infrmatin abut thers, including addresses r phne numbers. Use Lux Scientiae Services t engage in fraudulent activity with respect t third parties. Vilate r facilitate the vilatin f any lcal r freign law, including laws regarding the transmissin f data r sftware. Take any actin t encurage r prmte any activity prhibited under this Acceptable Use Plicy.

5 Transmit any material that infringes the intellectual prperty rights r ther rights f third parties. Transmit any material that is libelus, defamatry, discriminatry r therwise malicius r harmful t any persn r entity. Create a false identity r frged address r header, r phne number, r therwise attempting t mislead thers as t the identity f the sender r the rigin f a message. Send bulk messages using the default prvided number r a custm lng cde (10-digit phne number). Bulk messaging is sending 30+ identical r similar SMS messages r 30+ SecureText messages in the space f 3 minutes r at a rate f mre than 1 message/secnd. Custmers needing t send such bulk campaigns are required t purchase a "shrt cde" phne number. Vilatin f Lux Scientiae's SMS plicies shuld be reprted t abuse@luxsci.cm and can be grunds fr immediate suspensin f SMS access accunt-wide during an investigatin f the situatin. If a custmer is fund t be in vilatin f the SMS plicy, Lux Scientiae may, at its sle discretin, restrict, suspend r terminate custmer's accunt. Further, Lux Scientiae reserves the right t pursue civil remedies fr any csts assciated with the investigatin f a substantiated plicy vilatin. Lux Scientiae will ntify law enfrcement fficials if the vilatin is believed t be a criminal ffense. Internet Etiquette The custmer is expected t be familiar with and t practice gd Internet etiquette (Netiquette). The custmer will cmply with the rules apprpriate fr any netwrk t which Lux Scientiae may prvide access. The custmer shuld nt publically pst, transmit, r permit Internet access t infrmatin that the custmer desires t keep cnfidential. The custmer is nt permitted t pst any material that is illegal, libelus, trtuus, indecently depicts children, r is likely t result in retaliatin against Lux Scientiae by ffended users. Lux Scientiae reserves the right t refuse r terminate service at any time fr vilatin f this sectin. Address Selectin Plicy Lux Scientiae reserves the right t require yu t change yur address in the event that it is deemed inapprpriate. Pssible inapprpriateness includes, but is nt limited t, names that are: racially ffensive, sexually ffensive, detrimental t Lux Scientiae and/r it's affiliates/partners, r ptentially a security issue.

6 This plicy exists t ensure the highest pssible degree f service t ur clientele. In a time when entire IP address ranges are blacklisted fr little r n reasn at all, we must aim t avid any ptential disruptins in mail service and t ensure that a psitive image is always prtrayed. We must als ensure that ur services are nt used fr phishing r the pssible impersnatin f ther peple r cmpanies. Cpyright Infringement - Sftware Piracy Plicy The Lux Scientiae netwrk may nly be used fr lawful purpses. Transmissin, distributin, r strage f any infrmatin, data, r material in vilatin f United States r state regulatin r law, r by the cmmn law, is prhibited. This includes, but is nt limited t, material prtected by cpyright, trademark, trade secret, r ther intellectual prperty rights. Making unauthrized cpies f sftware is a vilatin f the law, n matter hw many cpies yu are making. If yu cpy, distribute r install the sftware in ways that the license des nt allw, yu are vilating federal cpyright law. If caught with pirated sftware, yu r yur cmpany may be liable under bth civil and criminal law, and yu may be fined up t $250,000 and/r receive up t 5 years in jail. In cmpliance with the Digital Millennium Cpyright Act (the "DMCA"), please send DMCA ntificatins f claimed cpyright infringements t Supprt by at supprt@luxsci.cm. Lux Scientiae will cperate fully with any civil and/r criminal litigatin arising frm the vilatin f this plicy. Netwrk Respnsibility Custmers have a respnsibility t use the Lux Scientiae netwrk respnsibly. This includes respecting the ther custmers f Lux Scientiae. Lux Scientiae reserves the right t suspend and r cancel service with any Custmer wh uses the Lux Scientiae netwrk in such a way that adversely affects ther Lux Scientiae custmers. This includes but is nt limited t: Attacking r attempting t gain unauthrized access t servers and/r services that belng t Lux Scientiae r its custmers (i.e. cmputer hacking), and/r Participating in behavir that results in reprisals that adversely affect the Lux Scientiae netwrk r ther custmers' access t the Lux Scientiae netwrk. Using Lux Scientiae services in such away that the netwrk r these services are verladed and service is degraded r denied t ther custmers

7 Lux Scientiae will react strngly t any use r attempted use f an Internet accunt r cmputer withut the wner's authrizatin. Such attempts include, but are nt limited t, "Internet Phishing" (tricking ther peple int releasing their passwrds), passwrd rbbery, security hle scanning, prt scanning, etc. Any unauthrized use f accunts r cmputers by a Lux Scientiae custmer, whether r nt the attacked accunt r cmputer belngs t Lux Scientiae, will result in severe actin taken against the attacker. Pssible actins include warnings, accunt suspensin r cancellatin, and civil r criminal legal actin, depending n the seriusness f the attack. Any attempt t undermine r cause harm t a server, r custmer, f Lux Scientiae is strictly prhibited. Vilatins f this plicy may be reprted directly t the FBI's Infrastructure Prtectin & Cmputer Intrusin Squad. Lux Scientiae will cperate fully with any civil and/r criminal litigatin arising frm the vilatin f this plicy. Shared Web Hsting Respnsibility The shared web hsting custmer (a custmer wh emplys services n Lux Scientiae web hsting server(s) shared with ther Lux Scientiae custmers) agrees t refrain frm using their shared hsting accunts fr running servers (especially IRC servers, IRC "bts", IRC "buncers" and ther "chat" related servers and services) r backgrund prcesses. Lng-running fregrund prcesses and prcesses that take up significant CPU r bandwidth must als t be avided. Lux Scientiae shared hsting accunts shuld be used nly fr setting up, cnfiguring, and installing wrking web sites and web applicatins, and nt fr the develpment and/r testing f sftware prgrams r scripts, the use f Internet client prgrams which access nn-lux Scientiae servers, r ther uses. Any use f Lux Scientiae shared web hsting system resurces that disrupts the nrmal use f the system fr ther Lux Scientiae custmers is cnsidered t be an abuse f system resurces and is grunds fr administrative interventin. Sme examples f system abuse include spawning an excessive number f prcesses, cnsuming excessive amunts f memry r CPU r server bandwidth, spamming r mass ing using internal r external mail servers, and using amunts f disk space r cumulative bandwidth well beynd the custmer's purchased limits. The remedial actin taken may range frm a warning t the immediate terminatin f the custmer's services, depending n the severity f the abuse, the custmer's histry f abuse, and the discretin f Lux Scientiae. Web hsting clients are fully respnsible fr any and all security vulnerabilities in their web site(s). If any web site vulnerabilities are cmprmised, the web hsting client will be fully respnsible as if the client him/herself had explicitly perfrmed the cmprmise and assciated resulting actins.

8 Remte access (e.g. access frm servers ther than thse prvided by Lux Scientiae) t databases hsted n shared Lux Scientiae servers is fr administrative use nly and cncurrent cnnectins shuld be limited t less than 10. Databases hsted n shared servers are nt t be used as back-end databases fr public web sites hsted with ther service prviders r ther situatins that culd result in significant numbers f cncurrent remte cnnectins r significant sustained remte access. Shared Hsting Respnsibility A shared hsting custmer must be respnsible that their accunt des nt use excessive bandwidth fr the dwnlading f (POP, IMAP, r WebMail). Individual user accunts using 1 GB r mre f bandwidth per hur wuld be cnsidered excessive. Similarly multiple users in an accunt using an aggregate amunt f utbund bandwidth exceeding 2 GB/hur may als be cnsidered excessive. If it is determined that yur accunt is using excessive bandwidth fr services, yu may, at the sle discretin f Lux Scientiae administratin, and based n the severity f the usage, be warned, charged, and/r have the service(s) f individual users r yur entire accunt disabled and/r terminated withut ntice. If yu anticipate requiring large amunts f bandwidth (i.e. fr migratins), please cntact us fr special arrangements. Shared hsting clients als agree nt t abuse these services by perfrming actins such as, but nt limited t, making excessive numbers f simultaneus cnnectins t ur r WebMail servers, using excessive amunts f CPU, using amunts f disk space well beynd the custmer's purchased quta, spamming r mass ing using yur purchased SMTP services, r ther actins that infringe n the prper functining f the servers r which affect the quality f service we are able t prvide t ther clients n the shared servers. Clients in vilatin may be warned, r have their services suspended and/r terminated withut ntice, at the sle discretin f Lux Scientiae administratin. Dedicated Hsting Respnsibility In additin t the ther AUP terms, it is nt permitted n dedicated servers t: run IRC bts, servers, clients, prgrams, r anything related t IRC. attempt t prbe, scan, penetrate r test the vulnerability f a server r netwrk r t breach the server's security r authenticatin measures, whether by passive r intrusive techniques distribute prgrams and tls designed t aid in the sending r unslicited bulk use the services in such a way that the server becmes dcumented n recgnized SPAM abuse lists.

9 transmit publish, r stre cntent that is ffensive: cnstitutes, depicts, fsters, prmtes r relates in any manner t child prngraphy, bestiality, r nn-cnsensual sex acts; is excessively vilent, incites vilence, threatens vilence r cntains harassing cntent r hate speech; is unfair r deceptive under the cnsumer prtectin laws f any jurisdictin, including chain letters and pyramid schemes; Furthermre is defamatry r vilates a persn's privacy; creates a risk t a persn's safety r health, creates a risk t public safety r health, cmprmises natinal security r interferes with a investigatin by law enfrcement; imprperly expses trade secrets r ther cnfidential r prprietary infrmatin f anther persn; is intended t assist thers in defeating technical cpyright prtectins; infringes n anther persn's cpyright, trade r service mark, patent r ther prperty right; prmtes illegal drugs, vilates exprt cntrl laws, relates t illegal gambling r illegal arms trafficking; is therwise illegal r slicits cnduct that is illegal under laws applicable t yu r t the clud; r is therwise malicius, fraudulent r may result in retaliatin against the clud by ffended viewers. Cntent "published r transmitted" via the server's netwrk r equipment includes Web cntent, , messages, blg pstings, chat and any ther type f psting r transmissin that relies n the Internet. yu agree that if the IP numbers assigned t yur accunt are listed n an abuse database like Spamhaus, yu will be in vilatin f this AUP, and Lux Scientiae r Server Prvider may take reasnable actin t prtect its IP numbers, including suspensin and/r terminatin f yur service, regardless f whether the IP numbers were listed as a result f yur actins; Lawful Purpse All services may be used fr lawful purpses nly. Transmissin, strage, r presentatin f any infrmatin, data r material in vilatin f any applicable law, regulatin, r AUP is prhibited. This includes, but is nt limited t: cpyrighted material r material prtected by trade secret and ther statute r disseminatin f harmful r fraudulent cntent.

10 Using any Lux Scientiae service r prduct fr the purpse f participating in any activity dealing with subject matters that are prhibited under applicable law is prhibited. Any cnduct that cnstitutes harassment, fraud, stalking, abuse, r a vilatin f federal exprt restrictin in cnnectin with use f Lux Scientiae services r prducts is prhibited. Using the Lux Scientiae netwrk t slicit the perfrmance f any illegal activity is als prhibited, even if the activity itself is nt perfrmed. In additin, knwingly receiving r dwnlading a file that cannt be legally distributed, even withut the act f distributin, is prhibited. Servers hsted within Lux Scientiae netwrk are pen t the public. Custmer is slely respnsible fr his/her usage f the Lux Scientiae netwrk and servers and any public statement Custmer makes n servers hsted within the Lux Scientiae netwrk may be deemed "publicatin" f the infrmatin entered. Acknwledging the freging, yu specifically agree nt t use ur service in any manner that is illegal r libelus. Prngraphy Lux Scientiae will cperate fully with any criminal investigatin int a Custmer's vilatin f the Child Prtectin Act f 1984 cncerning child prngraphy. Custmers are ultimately respnsible fr the actins f their users ver the Lux Scientiae netwrk, and will be liable fr illegal material psted by their users. Accrding t the Child Prtectin Act, child prngraphy includes phtgraphs, films, vide r any ther type f visual presentatin that shws a persn wh is r is depicted as being under the age f eighteen years and is engaged in r is depicted as engaged in explicit sexual activity, r the dminant characteristic f which is the depictin, fr a sexual purpse, f a sexual rgan r the anal regin f a persn under the age f eighteen years r any written material r visual representatin that advcates r cunsels sexual activity with a persn under the age f eighteen years. Vilatins f the Child Prtectin Act may be reprted t the U.S. Custms Agency at BEALERT Lux Scientiae explicitly prhibits use r display f material cntaining prngraphic material f any kind. The use f Lux Scientiae services fr the strage f such materials is als prhibited, even if such materials are nt apparently publicly available. Data Backups Lux Scientiae makes regular and frequent backups f all data in a Custmer's accunt and stres these backups in distributed lcatins t prtect the data. These backups help t

11 prtect Custmer against equipment failure, security failure, and ther hazardus situatins. The retrieval f infrmatin frm these backups may be accmpanied by a service charge t be determined. Lux Scientiae makes n guarantee as t the recency r availability f the backup data requested. Suspensin Lux Scientiae reserves the right t suspend access t any custmer if, in the judgment f the Lux Scientiae netwrk administratrs, the custmer's server r service is the surce r target f the vilatin f any f the ther terms f the AUPs. If inapprpriate activity is detected, all accunts f the Custmer in questin may be deactivated until an investigatin is cmplete. Prir ntificatin t the Custmer is nt assured. In extreme cases, law enfrcement will be cntacting regarding the activity. The custmer will nt be credited fr the time the custmer's services were suspended. Cancellatin Lux Scientiae reserves the right t cancel service at any time. If inapprpriate activity is detected, all accunts f the custmer in questin may be deactivated until an investigatin is cmplete. Prir ntificatin t the Custmer is nt assured. In extreme cases, law enfrcement will be cntacting regarding the activity. All fees paid in advance f cancellatin will be refunded n a prrated basis at the discretin f Lux Scientiae if Lux Scientiae institutes its right f cancellatin. Any vilatin f plicies that results in extra csts t Lux Scientiae may be billed t Custmer (e.g. bandwidth). Indemnificatin Lux Scientiae wishes t emphasize that in signing the Master Services Agreement r its equivalent, custmer indemnifies Lux Scientiae fr any vilatin f the Master Services Agreement r its equivalent, law, r AUP that results in lss t Lux Scientiae r the bringing f any claim against Lux Scientiae by any third-party. This means that if Lux Scientiae is sued because f Custmer's r a Custmer's user's activity, Custmer will pay any damages awarded against Lux Scientiae, plus csts and reasnable attrney's fees. Disclaimer f Respnsibility Lux Scientiae is under n duty t lk at each custmer's r user's activities t determine if a vilatin f the AUPs has ccurred, nr d we assume any respnsibility thrugh ur AUPs t mnitr r plice Internet-related activities. Lux Scientiae disclaims any

12 respnsibility fr any such inapprpriate use and any liability t any persn r party fr any ther persn's r party's vilatin f this plicy. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.