Compliance With Law
Customers shall not post, transmit, re-transmit or store material on or through any of Company's system 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, 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, and products in a manner that, in the Company's sole judgment, is consistent with the purposes of such systems, 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
info@rushnow.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 Rush Technologies' systems, and products as described in subsections A through E are expressly prohibited:
A. Prohibited Actions: General Conduct
Transmitting on or through any of Company's systems, , or products any material that is, in Rush Technologies' 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 Rush Technologies' or otherwise, in its use or enjoyment of any of Rush Technologies' systems, or products. Resale of Rush Technologies' and products, without the prior written consent of Rush Technologies. 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). Transmission, distribution or storage of any material related to hate groups, animal cruelty, pornography, or racially discrimination.
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). Violations will be prosecuted under Federal law. 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", "SPAM" or other advertising material to individuals who did not specifically request such material. 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. Rush Technologies places a value of $10 per piece of "UCE" or Unsolicited Commercial E-mail sent through a Rush Technologies server. The sending of more than 30 pieces of UCE through a Rush Technologies server will constitute Felony Theft of in Texas. 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 Rush Technologies or a customer account to collect replies to messages sent from another provider. Use of unsolicited e-mail originating from the Rush Technologies network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Rush Technologies, or connected via the Rush Technologies network. Willful failure to secure open SMTP ports so as to prevent the unauthorized use of customer resources for the purposes of sending unsolicited e-mail by a third party.
D. Prohibited Actions: Usenet Newsgroups
Positing 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. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties. 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 Rush Technologies network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Rush Technologies, or connected via the Rush Technologies network. Failure to secure a news server so as to prevent the unauthorized use of customer resources by a third party which may result in Usenet posts which violate this policy. Advertisements posted in newsgroups whose chargers/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.
E. Prohibited Actions: Individual Accounts (Dial-up Users Only)
Utilizing multiple logins, except as allowed by the Company. Shell account users may not run program s that provide network from their accounts, such as IRC or MUD servers. Attempting to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited. Consuming excessive resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of Company systems or networks is prohibited, and Company staff may take action to limit or terminate such programs. Sharing of passwords or accounts with others.
Complaint and Enforcement
A. Complaint
Complaints regarding abusive conduct may be reported by FAX to (214) 373.7943, ATTN: Policy Violation or by mail to:
Rush Technologies
10000 Nort Central Expressway
Suite 400
Dallas, TX 75231
Complaints will also be accepted via e-mail, so long as a valid return address is included. Rush Technologies must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE 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 pat h 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. We assure you we will investigate and take action against anyone abusing our network.
B. Enforcement
Rush Technologies may, in its sole discretion, suspend or terminate a customer's service for violation of any provision of this AUP at any time and without warning. As a general matter, Rush Technologies attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service. Rush Technologies Does reserve the right to release information regarding policy violations to any ISP requesting information about a suspended user. We will co-operate to police our industry in efforts to avoid governmental enforcement / interference.
Liability
In no event will Rush Technologies 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 programs or other data, or otherwise, even if Rush Technologies 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 any of Rush Technologies' or networks. 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
Rush Technologies is not responsible for the content of any USENET posting, whether or not the posting was made by a customer of the Company. Rush Technologies is not responsible for materials viewed by under-age users using accessing the Internet through a Rush Technologies customer account. Rush Technologies does provide access to filtering software and HIGHLY recommends responsible interactive/supervisory use of the Internet with your under-age children.
D. Removal of Materials
At its sole discretion, Rush Technologies reserves the right to remove materials from its servers and to terminate internet access to customers that Rush Technologies determines have violated this AUP. Rush Technologies can remove or close an account without warning if such violation is serious enough.
E. Co-Operation with Authorities
Rush Technologies will co-operate with any Federal or local authorities in the investigation of any and all child-pornography cases or Federal law violation.
Information requests can be sent to
info@rushnow.com