AUP ( Acceptable Use Policy )
Phoenix Internet Services' Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Phoenix Internet Services expects of them while using the service. All users of Phoenix Internet Services' Internet services- those who pay a service fee to subscribe to the Services, must comply with this AUP and our "Terms of Service" .
Use of Phoenix Internet Services Service constitutes acceptance and agreement to Phoenix Internet Services' AUP as well as Phoenix Internet Services' "Terms of Service"
IMPORTANT NOTICE: All Payments To Phoenix Internet Services are Non-Refundable! When information is disseminated through the Internet, they also must keep in mind that Phoenix Internet Services does not review, edit, censor, or take responsibility for any information it's clients 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. Also, because the information they create is carried over Phoenix Internet Services? network and may reach a large number of people, including both clients and non-clients of Phoenix Internet Services, clients' postings to the Internet may affect other clients and may harm Phoenix Internet Services? goodwill, business reputation, and operations. For these reasons, clients violate Phoenix
Internet Services' policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Phoenix Internet Services, but also because it can overload Phoenix Internet Services' network and disrupt service to Phoenix Internet Services clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Phoenix Internet Services has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail 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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Phoenix Internet Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Phoenix Internet Services? policy to terminate the privileges of customers who commit repeat violations of copyright laws.
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).
Background Running Programs
Background Daemons in general are prohibited on Phoenix Internet Services servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. In fact, Phoenix Internet Services prohibits any other cgi, php,c+, or any other executable script to be placed on its server! Phoenix Internet Services will be the sole arbiter of what constitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, 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 pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Engaging in activities, whether lawful or unlawful, that Phoenix Internet Services determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Phoenix Internet Services will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Phoenix Internet Services' policy or applicable law. When Phoenix Internet Services becomes aware of harmful activities, however, 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.
Phoenix Internet Services also 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. As a matter of prudence, however, Phoenix Internet Services urges its clients to assume that all of their on-line communications are insecure. Phoenix Internet Services cannot take any responsibility for the security of information transmitted over Phoenix Internet Services? facilities.
Phoenix Internet Services will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Phoenix Internet Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Phoenix Internet Services may disclose information, including but not limited to, information concerning a client, 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. Phoenix Internet Services assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Phoenix Internet Services may disclose client information or information transmitted over its network where necessary to protect Phoenix Internet Services and others from harm, or where such disclosure is necessary to the proper operation of the system.
If a Phoenix Internet Services account is used to violate the Acceptable Use Policy or our "Terms of Service", 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.