As a provider of Internet access, and other Internet-related services, DerbyNet offers its subscribers the means to acquire and share public, private, commercial, and non-commercial information. DerbyNet respects that the Internet provides a forum for free and open discussion and sharing of information, however, when there are competing interests at issue, DerbyNet reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, DerbyNet has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing DerbyNet's services. This AUP will be revised from time to time. A customer's use of DerbyNet's services after changes to the AUP are posted on DerbyNet's web site, www.derbynet.net will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
When subscribers obtain information through the Internet, they must keep in mind that DerbyNet cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, subscribers must exercise their best judgment in relying on information obtained from the Internet, and be aware that some material posted to the Internet is sexually explicit or otherwise offensive. DerbyNet cannot monitor or censor the Internet. DerbyNet therefore cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers share information through the Internet, they also must keep in mind that DerbyNet does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Because the information they create is carried over DerbyNet's network and may reach a large number of people including both subscribers and nonsubscribers of DerbyNet, subscriber's postings to the Internet may affect other subscribers and may harm DerbyNet's business reputation and operations. For these reasons, subscribers are in violation of DerbyNet’s AUP when they engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet. It’s not only harmful because of its negative impact on consumer attitudes toward DerbyNet, but also because it can overload DerbyNet's network and disrupt service to subscribers. Maintaining an open SMTP relay is prohibited. When a complaint is received, DerbyNet has the discretion to determine from all of the evidence whether the email recipients were from an "opt- in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others. DerbyNet is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It’s DerbyNet's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using DerbyNet's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. DerbyNet is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through DerbyNet's network.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, ping flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of ping flooding, mailbombing, denial of service attacks, and piracy of software.
Usenet Groups
DerbyNet reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that DerbyNet determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. DerbyNet will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with DerbyNet policy or applicable law. When DerbyNet becomes aware of harmful activities it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
DerbyNet is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. DerbyNet urges its subscribers to assume that all of their on-line communications are unsecure. DerbyNet cannot take any responsibility for the security of information transmitted over DerbyNet's facilities.
DerbyNet will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. DerbyNet may, however, monitor its service electronically to assure its facilities are operating properly. DerbyNet may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. DerbyNet assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. DerbyNet may disclose subscriber information or information transmitted over its network where necessary to protect DerbyNet and others from harm, or where such disclosure is necessary to the proper operation of the system.
A subscriber's failure to comply with these laws will violate DerbyNet policy. DerbyNet emphasizes that the subscribers acceptance of the AUP, indemnifies DerbyNet for any violation of the service agreement, law, or DerbyNet policy, that results in loss to DerbyNet or the bringing of any claim against DerbyNet by any third-party. This means that if DerbyNet is sued because of a subscriber's activity, the subscriber will pay any damages awarded against DerbyNet, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including DerbyNet and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@derbynet.net.