ACCEPTABLE USE POLICY ( AUP )
BIP media’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what BIP media expects of them while using the service. All users of BIP media’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 BIP media Service constitutes acceptance and agreement to BIP media’s AUP as well as BIP media’s TOS (Terms of Service)
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. BIP media 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 BIP media account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of BIP media’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of BIP media’s AUP:
BIP media intends to provide its customers access to everything the Internet has to offer. While the BIP media is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the BIP media and the Internet and cannot be permitted under the guise of free speech. The resources of the BIP media 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.
You may not use your dedicated rack or virtual site to publish material, which BIPmedia.com 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 a BIP media 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 abuse@BIPmedia.com.
The following constitute violations of this AUP:
1. Illegal use: BIP media’s services may not be used for illegal purposes, or in support of illegal activities. BIP media reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the BIP media service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Any server found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the server will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.
Any server found to host “Lolita” type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the server will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.
3. Threats: Use of the BIP media service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the BIP media service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of BIP media 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.”
6. 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.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the BIP media 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 BIP media account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
8. 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 BIP media account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the BIP media service is in violation of this AUP.
10. Usenet SPAMing: BIP media 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.
11. Unauthorized access: Use of the BIP media service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BIP media’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 BIP media account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the BIP media 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.
13. Collection of personal data: Use of the BIP media service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the BIP media service for any activity which affects the ability of other people or systems to use BIP media 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. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. 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. BIP media 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.
15. 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.
16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
17. 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.
18. 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.
19. Third Party Accountability: BIP media subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. Violation Of BIPmedia Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
22. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, BIP media has the right to take control of the domain or set of domains that was paid for by the disputed charge. BIP media 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.
23. 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 BIP media service is prohibited. Use of such software could result in suspension of service.
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.
BIP media 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 BIP media systems or networks. BIP media reserves the right to terminate or limit such activities.
BIP media requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@BIPmedia.com.
If available, please provide the following information:
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. BIP media may take any one or more of the following actions in response to complaints:
BIP media 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).