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Acceptable
Use Policy
Bear Technologies
Internet Services
System and
Network Security
1. CUSTOMER may not tamper with other
accounts, or commit unauthorized intrusion into any part of Bear
Technologies Corporation's system, or use any
of Bear Technologies Corporation's machines, files, accounts, or networks to intrude without authorization into
any other system.
2. CUSTOMER may not use
Bear Technologies Corporation services
not included in CUSTOMER'S account, nor devise ways to circumvent security in order to
access services CUSTOMER is not paying for. This clause includes, but is not limited to,
the scanning of Bear Technologies Corporation or other networks with intent to breach and/or evaluate
security.
3. CUSTOMER may not use the system in a
manner that encumbers disk space, processors or other system resources beyond those
allowed by the specific type of account. CUSTOMERS may not make deliberate attempts to
interfere with a service, overload a service nor attempt to disable a host.
4. Bear Technologies
Corporation will react strongly to the use
or attempted use of Internet services or systems without the owner's authorization. This
clause includes, but is not limited to, password cracking, defrauding others into
releasing their passwords, denial-of-service attacks (sending packets with an illegal
packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.).
Additionally, customers may not use programs, scripts, commands nor send messages with the
intent to interfere with a user's terminal session.
1. CUSTOMER may not send unsolicited e-mail to any
account that has not specifically requested such unsolicited information or that causes
complaints from the recipients of such unsolicited e-mail. Bear
Technologies Corporation services should not be
used to send unsolicited advertising messages to other network users. CUSTOMER may not
flood/spam newsgroups with commercial or non-commercial postings.
2. CUSTOMERS may not continue to send
commercial e-mail to a recipient if recipient has requested that CUSTOMER discontinue such
communication.
3. Bear Technologies
Corporation prohibits the transmission of
e-mail that is harassing, libelous, defamatory, legally obscene or pornographic,
threatening, abusive or hateful to non-consenting recipients.
4. The forwarding or propagation of chain
letters of any type (including charity requests or petitions for signatures) is
impermissible.
5. "Mailbombing" (i.e. flooding a
user or site with large or numerous e-mail messages) is strictly prohibited.
6. CUSTOMERS may not forge header
information.
7. Bear Technologies
Corporation prohibits the use of CUSTOMER'S
account, or network connection, to collect replies of messages sent from any another
provider that violates the rules of this Policy or those of the originating provider.
8. The rules and regulations
contained within this Policy apply to other means of Internet-based transmissions,
including, but not limited to Internet fax or Internet phones.
1. Bear Technologies
Corporation may provide CUSTOMERS with uncensored newsfeed. Bear
Technologies Corporation does not control newsgroup content nor is Bear
Technologies Corporation responsible for
postings by Bear Technologies Corporation CUSTOMERS.
2. It is the responsibility of posters to
determine a newsgroup's etiquette. Therefore, CUSTOMERS that submit content to newsgroups
must refrain from posting advertisements or other messages that are not expressly
permitted by a newsgroup's charter or FAQ’s. Posters are expected to submit messages
relevant to the newsgroup's topic and agree not to submit the same message to large
numbers of forums or newsgroups.
3. CUSTOMERS are prohibited from forging
header information and from posting chain letters of any type.
4. CUSTOMERS may only post binary files to
newsgroups designed for that purpose.
5. CUSTOMERS may not cancel nor supersede a
posting of a message other than their own unless they serve as newsgroup moderators in the
performance of their online responsibilities.
5. Bear Technologies
Corporation prohibits the use of CUSTOMER'S account, or network connection, to collect replies of messages sent from any
another provider that violates the rules of this Policy or those of the originating
provider.
Internet
Relay Chat (IRC) |
1. Bear Technologies
Corporation does not maintain an IRC server;
however, CUSTOMERS may use their Internet connection to access the server of another
provider. In such a case, CUSTOMER is obligated to abide by the rules set forth by that
provider as well as follow proper IRC etiquette.
1. Internet connections and all other services
provided to the CUSTOMER by Bear Technologies Corporation may only be used for lawful purposes. Transmission or
storage of any information, data or material in violation of any U.S. Federal or state
regulation or law is prohibited. This includes, but is not limited to, material protected
by copyright, trade secret or any other statute, threatening material or obscene material.
Bear Technologies Corporation reserves the right to remove any and all materials that infringe on copyright
work. Such materials may be removed at any time upon receiving a complaint and/or notice
of alleged copyright infringement.
2. Certain Internet services may contain
language, pictures or other content which some individuals may find offensive,
inflammatory, or of an adult nature. Bear Technologies Corporation does not endorse such materials and
disclaims any and all liability for such content. Access to such materials is at
CUSTOMER'S own risk.
3. Use of any information obtained via
Bear Technologies Corporation is at your own risk. Bear Technologies
Corporation specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
4. Use of other organizations' networks or
computing resources is subject to their respective permission and usage policies.
5. CUSTOMER agrees not to resell
Bear Technologies Corporation products without the prior written consent of
Bear Technologies Corporation.
6. If Bear Technologies
Corporation cancels CUSTOMER'S account
for any reason, CUSTOMER agrees not to reregister without Bear
Technologies Corporations written consent. In
the event CUSTOMER reregisters without Bear Technologies Corporation's prior written consent,
Bear Technologies Corporation will
cancel CUSTOMER'S account and all dues and fees paid to date regardless of whether service
has been rendered will be forfeited. Additionally, any amounts owed in arrears will be
made due and payable immediately.
7. Bear Technologies
Corporation requires that CUSTOMER be
qualified to contract. Bear Technologies Corporation cannot accept payments from persons who are not at least
eighteen (18) years of age. CUSTOMER will be held responsible for keeping all billing data
for Bear Technologies Corporation accurate and up to date. False data supplied for the contract between
Bear Technologies Corporation and CUSTOMER will be grounds for account termination.
8. Bear Technologies
Corporation exercises no control whatsoever
over the content of the information passing through it.
9. The CUSTOMER agrees to defend, hold
harmless, and expeditiously indemnify Bear Technologies Corporation from any and all liability, claim, loss,
damage or expense arising out of CUSTOMER'S breach or violation of any covenant contained
in this Policy, or resulting from the CUSTOMER'S use of the service.
10. CUSTOMER agrees to waive and hold
Bear Technologies Corporation harmless from any claims relating to any action taken by
Bear Technologies Corporation as part of an
investigation into a suspected violation of this Policy or as a result of its conclusion
that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover
any damages whatsoever from Bear Technologies Corporation as a result of the decision to remove material from
its server, or to suspend or terminate CUSTOMER'S account.
1. When Bear Technologies
Corporation becomes aware of an alleged
violation of its Acceptable Use Policy, Bear Technologies Corporation will initiate an investigation. During
the investigation the Bear Technologies Corporation may restrict
CUSTOMER'S access in order to prevent further
possible unauthorized activity. Depending on the severity of the violation,
Bear Technologies Corporation may,
at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue
other civil remedies. If such violation is a criminal offense, Bear
Technologies Corporation will notify the
appropriate law enforcement department of such violation.
1. If Bear Technologies
Corporation becomes aware of material that could
be infringing on a third party's copyright, posted by CUSTOMER, it will initiate an
investigation. If Bear Technologies Corporation receives from a Complainant a claim with the applicable
copyright or trademark registration number; a copy of the underlying copyrighted work
along with the CUSTOMER'S materials; and, a good faith certification, signed under penalty
of perjury, that the work is the property of the Complainant, that the work has been
copied and that use of the work is not defensible, Bear Technologies
Corporation, in its discretion, may, at
any time, deny access to the challenged material of CUSTOMER.
2. Bear Technologies
Corporation will notify CUSTOMER of the
copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s).
3. Bear Technologies
Corporation shall have no liability,
directly or indirectly, to Complainants or third parties for CUSTOMER'S infringing
copyrighted materials. CUSTOMER shall reimburse Bear Technologies
Corporation for all expenses associated with
processing valid infringement allegations and defending any and all legal claims
associated therewith.
IF ANY
OF THE ABOVE OFFENSES OCCUR BEAR TECHNOLOGIES CORPORATION WILL TAKE THE FOLLOWING COURSE OF ACTION:
1. Bear Technologies
Corporation will look at each occurrence
2. Customer will receive a warning for the
first offense
3. Customer will be charged a fee of $500
per occurrence
4. After a repeat violation of our policy,
unless otherwise specified in this policy, Bear Technologies Corporation reserves the right to terminate
service without notice.
Any party seeking to report any
violations of Bear Technologies Corporation's policy may submit the violation to:
abuse@beartech.net.
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