Acceptable
Use Policy (AUP)
By
using Service(s) provided by a Nautilus Commercial Data Systems Inc., you agree
to comply with this AUP. This AUP may be revised from time to time and your use
of Nautilus Commercial Data System's Service(s) after changes to the AUP are
posted on the applicable Nautilus Commercial Data Systems web site shall
constitute your acceptance of any changed or additional terms of the AUP.
The
Internet is a vibrant and valuable medium for the exchange of ideas and
information. Users of the Internet form a virtual community and the actions of
one member can impact the community as a whole. This fact places a high premium
on the judgment and responsibility of those who use the Internet, both in the
information they acquire and in the information they disseminate. You are
expected to use the Internet with respect, courtesy, and responsibility, giving
due regard to the rights of other Internet users. Nautilus Commercial Data Systems
expects you to have a basic knowledge of how the Internet functions, the types
of uses that are generally acceptable, and the types of uses that must be
avoided. Common sense is the best guide as to what is considered acceptable
use.
Failure
to observe the guidelines set forth in this AUP may result in Nautilus
Commercial Data Systems taking actions anywhere from a warning to a suspension
of privileges or termination of your Service(s). When feasible, Nautilus
Commercial Data Systems will provide you with advanced notice of an AUP
violation, via e-mail or otherwise, and demand that such violation be
immediately corrected. Nautilus Commercial Data Systems reserves the right,
however, to act immediately and without notice to suspend or terminate Service(s)
in response to a court order or other legal requirement that certain conduct be
stopped or when Nautilus Commercial Data Systems determines, in its sole
discretion, that the conduct may (1) expose Nautilus Commercial Data Systems to
sanctions, prosecution or civil action, (2) cause harm to or interfere with the
integrity or normal operations of Nautilus Commercial Data System’s network(s)
or facilities, (3) materially or repeatedly interfere with another person’s use
of Nautilus Commercial Data System’s Service(s) or the Internet (4) damage or
disparage the reputation of Nautilus Commercial Data Systems or its Service(s),
or (5) otherwise present a risk of harm to Nautilus Commercial Data Systems or Nautilus
Commercial Data System’s customers or their employees, officers, directors,
agents, etc.
Nautilus
Commercial Data System’s decisions with respect to interpretation of the AUP
and appropriate remedial actions by Nautilus Commercial Data Systems are final.
Nautilus Commercial Data Systems may refer potential violations of laws to the
proper authorities, may cooperate in the investigation of any suspected
criminal or civil wrong, and will cooperate with authorities when required to
do so by law, subpoena, or when the public safety is at stake. Nautilus
Commercial Data Systems assumes no obligation to inform you that your
information has been provided and, in some cases, may be prohibited by law from
providing such notice. Nautilus Commercial Data Systems shall not be liable for
any damages of any nature suffered by you or any other customer, user, or third
party resulting in whole or in part from Nautilus Commercial Data System’s
exercise of its rights under this AUP.
General
Use Policy
In this
AUP, "Service(s)" refers to any dial-up, DSL Internet access,
Dedicated Internet access, web hosting, data center hosting, or similar
Services that you have purchased from Nautilus Commercial Data Systems. Your
use of these Service(s) is subject to the terms and conditions of the Agreement
you entered into in conjunction with the Service(s) ("Service
Agreement"). This AUP is intended to provide you with a set of guidelines
you must follow in your use of the Service(s). You are responsible for avoiding
the prohibited activities and following the AUP set forth herein. You are also
responsible for the actions of others who may be using the Service(s) under
your account.
Nautilus
Commercial Data Systems does not, as an ordinary practice, proactively monitor
the activities of those who use its Service(s) to ensure that its users comply
with this AUP and/or the law, though it reserves the right to do so. If
Nautilus Commercial Data Systems is alerted to violations or potential
violations of this AUP, however, Nautilus Commercial Data Systems will take
whatever measures it deems necessary and appropriate to stop or prevent those
violations, including the actions described in this AUP.
Rather
than have a myriad of different AUPs for each service, this single AUP applies
to a variety of Nautilus Commercial Data Systems Services. Therefore, it will
be interpreted in the context of the intended use of the Service(s) at issue
(e.g., business vs. consumer Service, Dedicated Internet Access Service vs.
Dial-Up Service, etc.).
Abuse
of e-Mail/Spamming
The
Service(s) you have purchased from Nautilus Commercial Data Systems may include
the ability to send and receive electronic mail (“e-Mail”). Use of your e-Mail
account to send unsolicited commercial messages is prohibited. Mass electronic
messages or "mail-bombing" (sending mass unsolicited e-Mail or
deliberately sending very large attachments to one recipient) are prohibited.
Forging e-Mail headers (addresses) is also prohibited regardless of commercial
content. Use of electronic mail to harass or intimidate other users is prohibited.
Spamming
(sending large numbers of unsolicited commercial e-Mail messages or unsolicited
bulk e-Mail to advertise, offer, sell, or buy any goods or services, for any
business or individual) is prohibited. In considering a complaint(s), Nautilus
Commercial Data Systems has the discretion to determine, from all of the
evidence it receives, whether the intended recipients were from an
"opt-in" e-Mail list or have the ability to “opt-out” of future
messages. Generally, compliance with applicable anti-spam laws will mean
compliance with this AUP, however, Nautilus Commercial Data Systems reserves
the right, in its sole discretion, to make that decision in the enforcement of
this AUP.
You are
also prohibited from sending the same or substantially similar unsolicited
e-Mail message, whether commercial or not, to one hundred (100) or more
recipients. In the interest of maintaining network performance, you should not
send unreasonably large e-Mail attachments. Some limitations on the volume or
size of e-Mail sent or received may not apply to customers with business-class
service, or who host their own e-Mail servers. However, anti-spamming and other
prohibitions are still applicable.
Export
Control Violations
Exporting
encryption software over the Internet or otherwise, to points outside the
United States, is prohibited.
Facilitating
a Violation of this AUP
You are
prohibited from advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate or facilitate a
violation of this AUP. This includes the facilitation of the means to spam,
initiation of pinging, flooding, mail bombing, denial of service attacks, and
piracy of software.
Illegal
Activity/Tortious Conduct
Any
activity on Nautilus Commercial Data System's network(s) that is a violation of
any local, state, or federal law or regulation is a violation of this AUP.
Prohibited activities include, but are not limited to:
transmitting
any defamatory, libelous, fraudulent, deceptive indecent, offensive, or obscene
materials;
using
the Service(s) to deliver spyware, or secretly or deceptively obtain the
personal information of third parties (phishing, etc.);
intentionally
spreading computer viruses;
gaining
unauthorized access to private networks;
engaging
in the transmission of pirated software;
conducting
or participating in illegal gambling, soliciting for illegal pyramid schemes
through electronic mail or USENET postings.
violating
rules, regulations, and policies applicable to any network, server, computer
database, web site, or ISP that you access through the Service(s);
threatening,
harassing, abusing, or intimidating others; or
creating
or attempting to utilize a domain name that is defamatory, fraudulent,
indecent, offensive, deceptive, threatening, abusive, harassing, or which
damages the name or reputation of Nautilus Commercial Data Systems.
Infringement
of Intellectual Property Rights
You are
prohibited from publishing, submitting, copying, uploading, posting,
transmitting, reproducing, theft of, infringement on, or distributing
information, software, or other material that is protected by copyright,
trademark, patent, trade secret, any other type of intellectual property
rights, trademark laws (by rights of privacy or publicity) or other proprietary
right of any party unless you own or control the rights thereto or have
received all necessary consents to do the same. This prohibition includes the
use of any material or information including images or photographs that are
made available through a Nautilus Commercial Data Systems site or Service(s).
Nautilus
Commercial Data System’s agent for receipt of notifications pursuant to the
Digital Millennium Copyright Act of 1998:
General
Counsel
Nautilus
Commercial Data Systems Internet Services
PO Box
#645
Iola,
Kansas 66749 USA
By
e-Mail: Nautilus@Nautilus.net
By
Phone: (620) 365-7559
By Fax:
(620) 365-7559
Network
Security
It is your
responsibility to ensure the security of your network and the machines that
connect to the Service(s). You are responsible for ensuring that your customers
and users use the Service(s) in an appropriate manner. You are required to take
all necessary steps to manage the use of the Service(s) obtained from Nautilus
Commercial Data Systems in such a way that network abuse is minimized.
Violations of system or network security are prohibited, and may result in
criminal and/or civil liability.
Examples
of system or network security violations include, but are not limited to the
following:
Failing
to secure your system against abuse. You are responsible for configuring and
securing your services to prevent damage to the Nautilus Commercial Data
Systems network and/or the disruption of Service(s) to other customers. You
will be held liable if unknown third parties utilize your services at any time
for the purpose of illegally distributing licensed software. It is your
responsibility to insure that your network and/or computer are configured in a
secure manner, and to take corrective actions on vulnerable or exploited
systems to prevent continued abuse. You may not, through action or inaction,
allow others to use your network for illegal or inappropriate uses, and/or any
other disruptive, provoking, or abusive behavior that is in violation of these
guidelines or the agreement for the Service(s) you have purchased;
With
respect to Wireless or High-speed accounts, using your account for the purpose
of operating a server of any type;
Knowingly
uploading or distributing files that contain viruses, Trojan horses, worms,
time bombs, cancel bots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or property of
another;
Hacking
- breaking the security on any computer network or accessing an account that
does not belong to you. This includes, but is not limited to, unauthorized
access to, or use of, data, systems or networks, including any attempt to
probe, scan, or test the vulnerability of a system or network or to breach security
or authentication measures without express authorization of the owner of the
system or network; or
Unauthorized
monitoring of data or traffic on any network or system without express
authorization of the owner of the system or network. This would include use of
sniffers or SNMP tools.
Other
Activities
You are
prohibited from engaging in any other activity, illegal or not, that Nautilus
Commercial Data Systems determines in its sole discretion, to be harmful to its
subscribers, operations, network(s), reputation, goodwill, or customer
relations.
Provider
Responsibilities
Nautilus
Commercial Data Systems is aware that many of its customers are, themselves,
providers of Internet services, and that information reaching Nautilus
Commercial Data Systems’s network(s) or facilities from those customers may
have originated from a subscriber of Nautilus Commercial Data Systems’s
customer or from another third-party. Nautilus Commercial Data Systems does not
require its customers who offer Internet services to monitor or censor
transmissions or web sites created by the customer’s subscribers. Nautilus
Commercial Data Systems does, however, reserve the right to directly take
action against such customers’ subscribers. In addition, Nautilus Commercial
Data Systems may take action against Nautilus Commercial Data Systems’s
customer because of the underlying subscriber’s activities, even though the
action may affect other subscribers of the Nautilus Commercial Data Systems
customer. Similarly, Nautilus Commercial Data Systems expects that customers
who offer Internet services will cooperate with Nautilus Commercial Data
Systems in any reasonable corrective or preventive action that Nautilus
Commercial Data Systems deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of this AUP.
Nautilus
Commercial Data Systems expects that its customers who provide Internet
services to others will comply fully with all applicable laws concerning the
privacy of on-line communications. A customer's failure to comply with those
laws will violate this AUP.
Prohibited
Countries
By
using the Service(s), you represent and warrant that you are not a resident of
any country or affiliated with any of organization prohibited to do business
within the United States as defined and set forth at: http://www.treas.gov/ofac
and http://www.bxa.doc.gov/dpl/thedeniallist.asp.
Responsibility
for Content
Nautilus
Commercial Data Systems takes no responsibility for any material created or accessible
on or through the Nautilus Commercial Data Systems network(s) and Service(s).
Nautilus Commercial Data Systems shall not be obligated to monitor or exercise
any editorial control over such material, but reserves the right to do so. In
the event that Nautilus Commercial Data Systems becomes aware that any such
material may violate this AUP and/or expose Nautilus Commercial Data Systems to
civil or criminal liability, Nautilus Commercial Data Systems reserves the
right to block access to such material and suspend or terminate any user
creating, storing or disseminating such material. Nautilus Commercial Data
Systems further reserves the right to conduct investigations into fraud,
violations of the Terms of Service, this AUP, or other laws or regulations, and
to cooperate with legal authorities and third parties in the investigation of
alleged wrongdoing, including disclosing the identity of the user that Nautilus
Commercial Data Systems deems responsible for the wrongdoing.
Secure
Password
If
applicable, your password provides access to your individual email account. It
is your responsibility to keep your email password secure. You are responsible
for any and all access to or use of the Service(s) through your email account.
Attempting to obtain another user's account password (of any type) is
prohibited.
Third
Party Rules; Usenet
You may
have access through the Nautilus Commercial Data Systems network(s) and
Service(s) to search engines, subscription Web services, chat areas, bulletin
boards, Web pages, USENET, or other services that promulgate rules, guidelines
or agreements to govern their use. Failure to adhere to any such rules,
guidelines, or agreements shall be a violation of this AUP. Nautilus Commercial
Data Systems reserves the right not to accept postings from newsgroups where we
have actual knowledge that the content of the newsgroup violates the AUP.
Web
Hosting and Data Center Hosting Surveillance
Nautilus
Commercial Data Systems performs routine surveillance of its network(s) in
connection with its web hosting, data center hosting, and related services.
Although Nautilus Commercial Data Systems will not, as an ordinary practice,
proactively monitor your activities for violations of this AUP, there may be
instances in which Nautilus Commercial Data Systems, through its routine
surveillance finds violations of this AUP, and reserves the right to take
whatever action it deems appropriate in its sole discretion.
Contact
Information
Unless
otherwise agreed in writing signed by Nautilus Commercial Data Systems and its customer,
any notification that Nautilus Commercial Data Systems sends to you pursuant to
this AUP may be in writing to your address of record, or via e-Mail to the
e-Mail address on file with Nautilus Commercial Data Systems. You must respond
in a timely manner to complaints concerning misuse of the Service(s) obtained
from Nautilus Commercial Data Systems. Failure to responsibly manage the use of
the Service(s) obtained from Nautilus Commercial Data Systems may be cause for
termination of Service(s) to you and, depending upon the terms under which you
acquired your Service(s), could lead to the imposition of early termination
fees.
Abuse
Any
party seeking to report a violation of this AUP may contact us via e-Mail at Nautilus@Nautilus.net, or phone/FAX (620)
365-7559.