Acceptable Use Policy (AUP)
IDNC Client Acceptable Use Policy
The Client Acceptable Use Policy defines IDNC policy that is
designed to protect IDNC, IDNC clients ("Clients") and any other
persons, parties or entities on the Internet from any negative
impact caused by inappropriate activities. All IDNC Clients shall
adhere to this policy and are subject to the terms and conditions
herein.
IDNC reserves the right to perform activities to audit, test, and
investigate the security of Client sites in an effort to ensure that
security protections are maintained and that Client sites do not
bypass or allow others to bypass IDNC security controls.
If, in its sole discretion, IDNC believes that systems located
within IDNC facilities are being used in an unlawful or improper
manner (whether civil or criminal) or for unlawful or improper
activities, IDNC will fully cooperate with civil and/or criminal
enforcement authorities conducting investigations of such use or
activities. IDNC will also support the investigation of the
prohibited activities listed below, and any other activities that
IDNC, in its sole discretion, believes impact the operation or
security of IDNC, IDNC Clients, or other systems accessible by
Clients or Client's customers or users.
Acceptable Use
IDNC Clients have access to and perform management activities on
their systems, data and content. Clients are responsible for
ensuring that these activities do not impose risks or negative
impacts on IDNC, IDNC other clients, or to other sites or systems.
Clients are also responsible for adhering to all local, state,
federal, and international laws and regulations relating to Client
operations.
Because IDNC relies on a shared infrastructure to support its
Clients, it is necessary that IDNC set policies and standards
associated with how each site is secured and used. The compromise of
one Client site may result in an impact on IDNC and/or its other
clients. Therefore, all Clients shall adhere to all applicable IDNC
policies and standards.
Prohibited Activities
Clients are responsible for ensuring that they do not allow their
systems hosted by IDNC to be used for any of the following purposes:
- Gaining, or attempting to gain
unauthorized access to any system that does not belong to the
Client.
- Sending unsolicited electronic mail
(e-mail) or other messages or communication in any form (e.g.
spam).
- Altering, defacing, or otherwise causing
any unauthorized or unapproved modification of any system
belonging to IDNC, to a IDNC Client, or to any other system on
the Internet.
- Storing, transmitting, or processing
material in a manner that violates intellectual property rights
or laws or regulations, including, without limitation, those
associated with trade secrets, copyrights, patents and
trademarks.
- Violating the privacy rights of others,
including, without limitation the collection of information
about individuals without their knowledge or consent, except as
allowed by applicable laws and regulations.
- Transmitting or storing any material that
is unlawful, obscene, harassing, libelous, abusive, hateful,
encourages unlawful acts, or may be interpreted as violating the
civil rights of others.
- Storing or transmitting material that
violates local, state, federal, or international laws or
regulations.
- Engaging in or permitting any activity
that leads to a degradation or denial of service for IDNC, IDNC
Clients, or any other system or site on the Internet.
- Violating the rules and/or policies of any
other hosting provider, message service, chat room, bulletin
board, newsgroup, or similar system, service or provider.
- Intentionally omitting, forging, deleting,
or misrepresenting transmission information, including but not
limited to headers, return address information, IP addresses,
etc., that is intended to cloak or hide the identity or source
of information transmitted by the Client's systems, customers or
users.
- Engaging in or permitting any activity
that results in the over utilization of power circuits.
Clients are prohibited from assisting any persons in using Client
systems located at IDNC to engage in any of the activities listed
above. If a Client becomes aware of any such activity, Client must
remedy the situation immediately. Client shall also notify IDNC by
telephone within four hours and in writing within 24 hours of when a
violation is detected by Client or its agents.
Clients are responsible for ensuring that security controls are
not circumvented by way of actions taken by the Client or
individuals accessing Client's systems.
Clients shall not
- Configure their systems to bypass security
controls, including, without limitation, the installation of
programs or services that allow the systems to be managed or
accessed insecurely or through unauthorized means.
- Conduct on-line security audits or tests
against or through IDNC systems or networks without coordination
with and the explicit, written consent of an authorized officer
of IDNC.
- Gain unauthorized access, or attempt to
gain unauthorized access to IDNC networking, security,
management, backup, storage or monitoring systems.
- Install programs or configure systems to
allow sniffing of shared networks.
- Access or attempt to access
security-relevant information, such as password files that may,
among other things, be used to gain unauthorized access to
system accounts.
- Install or use software for the purpose of
cracking encrypted data, including, without limitation stored
passwords.
Clients are also responsible for any misuse of accounts on Client
systems located at IDNC.
Clients must implement measures and procedures to ensure that
Client accounts are not accessed or used in an unauthorized manner.
- Clients must maintain and provide IDNC
with a list of authorized individuals and accounts that are
permitted to remotely access Client systems hosted by IDNC.
- Clients must notify IDNC in writing in the
event that a user no longer requires remote access to the Client
site. To ensure that access is deleted on time, IDNC must
receive this notification at least five business days in advance
of the date that the access is no longer needed by that
individual.
- Remote access accounts shall not be
transferred from one individual to another, and shall not be
shared between individuals. Each user requires an individual
remote access account that uniquely and accurately identifies
the owner of the account.
- The Client assumes all responsibility for
the consequences of the use of a Client account by an
unauthorized individual.
Violations And Remedies
IDNC reserves the right to suspend or terminate at any time the
account of any Client that, in the sole discretion of IDNC, fails to
adhere to any of these policies as same are from time to time
described at www.IDNC.com. IDNC has the right to seek legal remedies
for any damages, costs or expenses that may be incurred as a result
of a violation of any of these policies by or through Client.
Depending on the nature of the violation or alleged violation,
IDNC may be notified of violations in a number of ways. These may
include notification by an external organization, agency, entity or
individual that is affected by the activities of the Client, by
another IDNC Client, or notification may originate within IDNC when
a violation is detected internally.
IDNC retains the sole right to determine whether a violation of
this policy has occurred. In general, IDNC will attempt to work with
the Client to address violations of this policy in accordance with
the steps outlined below but is not required to do so. However,
based on the severity of the violation or the number or nature of
complaints received, IDNC, in its sole discretion has the absolute
right to and may immediately terminate service.
First Violation
Upon notification of a violation, IDNC will attempt to contact
the Client and describe the violation. In general, the Client
contact(s) will be called via telephone with the information. IDNC
and the Client will define a specific timeframe within which Client
must rectify the violation. A letter may be sent to Client contact
formally notifying Client of the violation and setting forth the
time frame for Client to remedy the violation. If, in IDNC sole
discretion, the violation or complained of violation is such that
IDNC elects not to or is unable to contact Client, IDNC may take
whatever steps it deems appropriate under the circumstances.
Second Violation
If the same or similar violation occurs or is complained of a
second time and the timeframe for remediation of the initial
violation has expired, IDNC will again attempt to contact the Client
to describe the violation. In general the Client contact(s) will be
contacted via telephone with this information. If, in IDNC sole
discretion, the violation or complained of violation is such that
IDNC elects not to or is unable to contact Client, IDNC may take
whatever steps it deems appropriate under the circumstances. IDNC
and the Client will again define a specific timeframe within which
Client must rectify the violation. A letter will again be sent to
the Client contact notifying Client, this time saying that the
violation has occurred again and setting forth the time frame for
Client to remedy the violation. IDNC will bill the Client $1,000 to
cover IDNC administrative costs associated with managing this
effort.
Third Violation
If the same or similar violation occurs or is complained of for a
third time and the timeframe for addressing the second violation has
expired, IDNC will again attempt to contact the Client describing
the violation. In general, the Client contact(s) will be called via
telephone with the information. IDNC and the Client will define a
specific timeframe within which Client must rectify the violation. A
letter will again follow this to the Client contact notifying him or
her that the violation has occurred again and setting forth the time
frame for Client to remedy the violation. IDNC will bill the Client
$5,000 to cover IDNC administrative costs associated with managing
this effort. If, in IDNC sole discretion, the violation or
complained of violation is such that IDNC elects not to or is unable
to contact Client, IDNC may take whatever steps it deems appropriate
under the circumstances. If a third violation relates to the over
utilization of power, then in addition to all other remedies
outlined in this policy, IDNC shall further bill the Client an
additional $100 per day, per over utilized circuit.
In all instances, the Client remains responsible for performing
all of its obligations under applicable Master Services Agreements
and Schedules and for paying all fees billed by IDNC, including but
not limited to monthly service fees, termination fees, etc. If the
violation is not remedied by the agreed upon time frame, IDNC will
terminate or suspend services to the Client. IDNC retains the sole
right and discretion to permanently terminate services to the
Client, or to resume service upon remedy of the violation and to
obtain whatever assurances IDNC requires from Client that the
violation will not repeat. If, in IDNC sole discretion, the
violation or alleged violation is such that IDNC elects not to or is
unable to contact Client, IDNC shall take the steps it deems
appropriate under the circumstances without regard to whether the
violation is a first, second or third violation.
Modification Of This Policy
From time to time, IDNC may modify this policy.
Please send reports of any violations in IDNC Acceptable Use
Policy to abuse@IDNC.com. |