As a provider of Application
Service Provider, Internet access, web site hosting, and
other Internet-related services, Ensii Global Networks
offers its customers (also known as subscribers), and their
customers and users, the means to acquire and disseminate a
wealth of public, private, commercial, and non-commercial
information. Ensii Global Networks respects that the
Internet provides a forum for free and open discussion and
dissemination of information, however, when there are
competing interests at issue, Ensii Global Networks reserves
the right to take certain preventative or corrective
actions. In order to protect these competing interests,
Ensii Global Networks 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 Ensii Global Networks' services. This AUP will be
revised from time to time. A customer's use of Ensii Global
Networks' services after changes to the AUP are posted on
Ensii Global Networks' web site or family of websites (www.phoenixnetworks.net),
will constitute the customer's acceptance of any new or
additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of the
Internet's openness and value, but it also 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 to others. When subscribers
obtain information through the Internet, they must keep in
mind that Ensii Global Networks cannot monitor, verify,
warrant, or vouch for the accuracy and quality of the
information that subscriber may acquire. For this reason,
the subscriber must exercise his or her best judgment in
relying on information obtained from the Internet, and also
should be aware that some material posted to the Internet is
sexually explicit or otherwise offensive. Because Ensii
Global Networks cannot monitor or censor the Internet, and
will not attempt to do so, Ensii Global Networks cannot
accept any responsibility for injury to its subscribers that
results from inaccurate, unsuitable, offensive, or illegal
Internet communications.
When subscribers disseminate information through the
Internet, they also must keep in mind that Ensii Global
Networks 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. Also,
because the information they create is carried over Ensii
Global Networks' network and may reach a large number of
people, including both subscribers and non-subscribers of
Ensii Global Networks, subscribers' postings to the Internet
may affect other subscribers and may harm Ensii Global
Networks' goodwill, business reputation, and operations. For
these reasons, subscribers violate Ensii Global Networks
policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following
prohibited activities:
Spamming -- 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 Ensii Global Networks, but also because it
can overload Ensii Global Networks' network and disrupt
service to Ensii Global Networks subscribers. Also,
maintaining an open SMTP relay is prohibited. When a
complaint is received, Ensii Global Networks 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. Also, engaging
in activity that violates privacy, publicity, or other
personal rights of others. Ensii Global Networks is required
by law to remove or block access to customer content upon
receipt of a proper notice of copyright infringement. It is
also Ensii Global Networks' policy to terminate the
privileges of customers who commit repeat violations of
copyright laws.
Obscene Speech or Materials -- Using Ensii Global Networks'
network to advertise, transmit, store, post, display, or
otherwise make available child pornography or obscene speech
or material. Ensii Global Networks is required by law to
notify law enforcement agencies when it becomes aware of the
presence of child pornography on or being transmitted
through Ensii Global Networks' network.
Defamatory or Abusive Language -- Using Ensii Global
Networks' network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message
headers, whether in whole or in part, to mask the originator
of the message.
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, 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.
Usenet Groups -- Ensii Global Networks 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 Ensii Global Networks determines to be
harmful to its subscribers, operations, and reputation,
goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
subscriber. Ensii Global Networks will not, as an ordinary
practice, monitor the communications of its subscribers to
ensure that they comply with Ensii Global Networks policy or
applicable law. When Ensii Global Networks 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.
Ensii Global Networks also is aware that many of its
subscribers are, themselves, providers of Internet services,
and that information reaching Ensii Global Networks'
facilities from those subscribers may have originated from a
customer of the subscriber or from another third-party.
Ensii Global Networks does not require its subscribers who
offer Internet services to monitor or censor transmissions
or web sites created by customers of its subscribers. Ensii
Global Networks has the right to directly take action
against a customer of a subscriber. Also, Ensii Global
Networks may take action against the Ensii Global Networks
subscriber because of activities of a customer of the
subscriber, even though the action may affect other
customers of the subscriber. Similarly, Ensii Global
Networks anticipates that subscribers who offer Internet
services will cooperate with Ensii Global Networks in any
corrective or preventive action that Ensii Global Networks
deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of Ensii Global
Networks policy.
Ensii Global Networks 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,
Ensii Global Networks urges its subscribers to assume that
all of their on-line communications are insecure. Ensii
Global Networks cannot take any responsibility for the
security of information transmitted over Ensii Global
Networks' facilities.
Ensii Global Networks 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. Ensii Global Networks may,
however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also,
Ensii Global Networks 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. Ensii Global Networks 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. Finally, Ensii Global Networks may
disclose subscriber information or information transmitted
over its network where necessary to protect Ensii Global
Networks and others from harm, or where such disclosure is
necessary to the proper operation of the system.
Ensii Global Networks expects that its subscribers who
provide Internet services to others will comply fully with
all applicable laws concerning the privacy of on-line
communications. A subscriber's failure to comply with those
laws will violate Ensii Global Networks policy. Finally,
Ensii Global Networks wishes to emphasize that in signing
the service agreement, subscribers indemnify Ensii Global
Networks for any violation of the service agreement, law, or
Ensii Global Networks policy that results in loss to Ensii
Global Networks or the bringing of any claim against Ensii
Global Networks by any third-party. This means that if Ensii
Global Networks is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay
any damages awarded against Ensii Global Networks, plus
costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including Ensii Global Networks and its
subscribers, as responsible members of the Internet. Any
complaints about a subscriber's violation of this AUP should
be sent to abuse@ensii.net |
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