Acceptable Use Policy (AUP)
IMPORTANT
NOTICE: *All Payments To Tulip Systems Are
Non-Refundable*
Tulip Systems' Acceptable Use
Policy ("AUP") is provided to give our customers and users a clear
understanding of what Tulip Systems expects of them while using the service.
All users of Tulip Systems' Internet services: those who access some of our
Services but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of Tulip Systems’s
Service constitutes acceptance and agreement to Tulip Systems' AUP as well as
Tulip Systems' TOS (Terms of Service)
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission, newsgroups, or
other material created or accessible over or through the services, except for
certain proprietary Web sites. However, in accordance with our TOS (Terms of
Service), we may remove any materials that, in our sole discretion, may be
illegal, may subject us to liability, or which may violate this AUP. Tulip
Systems may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or immediate termination of
either your Tulip Systems account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to
provide a basic understand of Tulip Systems' Acceptable Use Policy. The
following are guidelines for the establishment and enforcement of Tulip
Systems' AUP:
• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the
networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free
expression and exchange of information
• Preserve the privacy and security of individual users
Tulip Systems intends to provide its customers access to everything the
Internet has to offer. While Tulip Systems is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both Tulip Systems and the Internet and cannot be permitted under
the guise of free speech. The resources of Tulip Systems and the Internet are
limited, and abuse of these resources by one user has a negative impact on the
entire community.
We do not routinely monitor the
activity of accounts except for measurements of system utilization and the
preparation of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond appropriately if we
become aware of inappropriate use of our service.
You may not use your dedicated
server or virtual site to publish material, which Tulip Systems determines, at
its sole discretion, to be unlawful, indecent or objectionable. For purposes of
this policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
If a Tulip Systems account is used
to violate the Acceptable Use Policy or our TOS, 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.
As a member of our network
community, you must use your Internet access responsibly. If you have any
questions regarding this policy, please contact us at
VIOLATIONS OF Tulip
Systems’ ACCEPTABLE USE POLICY
The following constitute violations
of this AUP:
1. Illegal use:
Tulip Systems' services may not be used for illegal purposes, or in support of
illegal activities. Tulip Systems reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
2. Harm to minors:
Use of the Tulip Systems service to harm, or attempt to harm, minors in any
way, including, but not limited to child pornography.
3. Threats:
Use of the Tulip Systems service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
4. Harassment:
Use of the Tulip Systems service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
5. Fraudulent activity:
Use of Tulip Systems service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain
letters."
6. Forgery or impersonation:
Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying information is prohibited.
The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial
e-mail / Unsolicited bulk e-mail (SPAM):
Use of the Tulip Systems service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this type will
result in the immediate termination of the offending Tulip Systems account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to be listed in
any of the various Spam Databases will have their server immediately removed
from our network. The server will not be reconnected until such time that you
agree to remove ANY
and ALL traces
of the offending material immediately upon reconnection and agree to allow us
access to the server to confirm that all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal of the server from our
network without notice to the customer. Any server guilty of a second violation
WILL be
immediately and permanently removed from our network without notice.
8. E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or
news will result in the immediate termination of the offending Tulip Systems
account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission,
originating or passing through the Tulip Systems service is in violation of
this AUP.
10. Usenet SPAMing:
Tulip Systems has a zero tolerance policy for the use of its network for the
posting of messages or commercial advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup or mailing list or
that are solicited by the recipients are permitted.
11. Unauthorized access:
Use of the Tulip Systems service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of Tulip Systems' or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly prohibited
and the offending Tulip Systems account is subject to immediate termination.
12. Copyright or trademark
infringement: Use of the Tulip Systems service to transmit any
material (direct transfer, by e-mail, uploading, posting, hot linking, directly
linking or otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal
data: Use of the Tulip Systems service to collect, or attempt
to collect, personal information about third parties without their knowledge or
consent.
14. Network disruptions and
unfriendly activity: Use of the Tulip Systems service for any
activity which affects the ability of other people or systems to use Tulip
Systems’ Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user. Interference
with or disruption of other network users, services or equipment is prohibited.
It is the Member's responsibility to ensure that their network is configured in
a secure manner. A Subscriber may not, through action or inaction, allow others
to use their network for illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be configured in such a
way that gives a third party the capability to use their network in an illegal
or inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate account
termination. Tulip Systems will not tolerate any subscriber attempting to
access the accounts of others, or penetrate security measures of other systems,
whether or not the intrusion results in corruption or loss of data.
15. Net Send Spam:
The use of the net send utility to send unsolicited bulk communication is
prohibited. This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including termination of
service.
16. Fraud:
Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon it.
17. Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution/Transmission and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
18. Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
offending account.
19. Inappropriate Use of
Software: Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using Tulip Systems’ services could
result in suspension service.
20. Third Party
Accountability: Tulip Systems’ subscribers will be held
responsible and accountable for any activity by third parties, using their
account that violates guidelines created within the Acceptable Use Policy.
21. Violation of Tulip
Systems’ Virtual Accounts: It is absolutely forbidden to host
IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation without refund.
22. IRC networks:
It is absolutely forbidden to host an IRC server that is part of or connected
to another IRC network or server. Servers found to be connecting to or part of
these networks will be immediately removed from our network without notice. The
server will not be reconnected to the network until such time that you agree to
completely remove any and all traces of the IRC server, and agree to let us
have access to your server to confirm that the content has been completely
removed. Any server guilty of a second violation will result in immediate
account termination.
23. Peer to Peer Software
(File Sharing): The use of Peer to Peer or file sharing
software to permit the sharing, copying or distribution of unauthorized
copyrighted material on the Tulip Systems service is prohibited. Use of such
software could result in suspension of service.
Security
You are responsible for any misuse of your
account, even if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to ensure that others
do not gain unauthorized access to your account. In addition, you may not use
your account to breach security of another account or attempt to gain
unauthorized access to another network or server.
• Your password provides access to your account.
It is your responsibility to keep your password secure.
• Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent others from
using your account since you will be held responsible for such use.
• Attempting to obtain another user's account
password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to
prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user
authentication or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.
• You may not attempt to interfere with service
to any user, host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and attempts to
"crash" a host.
• Users who violate systems or network security
may incur criminal or civil liability. Tulip Systems will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
Network Performance
Tulip Systems accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in termination
of your account.
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and session
time. You may not use resource-intensive programs which negatively impact other
customers or the performances of Tulip Systems’ systems or networks. Tulip
Systems reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Tulip
Systems' AUP
Tulip Systems requests that anyone
who believes that there is a violation of this AUP direct the information to
the Abuse Department at
If available, please provide the
following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or
offset from GMT
• Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log
files. Other situations will require different methods of providing the above
information. Tulip Systems may take any one or more of the following actions in
response to complaints:
• Issue written or verbal warnings
• Suspend the Member's newsgroup posting privileges
• Suspend the Member's account
• Terminate the Member's account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations
REVISIONS TO THIS ACCEPTABLE
USE POLICY
Tulip Systems reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service).