Datagram | Acceptable Use Policy

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Acceptable Use Policy

1. Introduction.

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Datagram, Incorporated and its affiliates or subsidiaries. (collectively and individually, the “Company”) governing the use by the customer (“Customer”) of the Company’s services and products (“Services and Products”). The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of Company’s Web Site Management Facility, network, and Customer data contained within. Company retains the right to modify the Acceptable Use Policy at any time and any such modification shall be automatically effective as to all customers when adopted by the Company.

Questions or comments regarding the Acceptable Use Policy should be forwarded to the Company via:

E-mail: info@Datagram.com Telephone: 1-212-727-9500

2. Compliance With Law.

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products.

In addition to the other requirements of this Acceptable Use Policy, the Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1. General.

3.1.1. Resale of Services and Products, without the prior written consent of the Company. 3.1.2. Deceptive on-line marketing practices. 3.1.3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. 3.1.4. Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.

3.2. System and Network.

3.2.1. Introduction of malicious programs into the network or server (e.g., viruses and worms). 3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information. 3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server. 3.2.4. Circumventing user authentication or security of any host, network or account. 3.2.5. Interfering with or denying service to any user other than the Customer’s host (for example, denial of service attack). 3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet. 3.2.7. Creating an “active” full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method. 3.2.8. Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to the Services and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers. 3.2.9. Failing to comply with the Company’s procedure relating to the activities of customers on the Company’s premises.

3.3. Billing.

3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers. 3.3.2. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.

3.4. Mail.

3.4.1. Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship (“E-mail spam”). 3.4.2. Harassment, whether through language, frequency or size of messages. 3.4.3. Unauthorized use, or forging, of mail header information. 3.4.4. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies. 3.4.5. Creating or forwarding “chain letters” or other “pyramid schemes” of any type. 3.4.6. Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.

3.5. Usenet Newsgroups.

3.5.1. Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spams”). 3.5.2. Posting chain letters of any type. 3.5.3. Posting encoded binary files to newsgroups not specifically named for that purpose. 3.5.4. Cancellation or superseding of posts other than your own. 3.5.5. Forging of header information. 3.5.6. Solicitations of mail for any other E-mail address other than that of the poster’s account or service, with intent to harass or to collect replies. 3.5.7. Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network. Please note that the following only apply if the Customer uses the relevant platform and has purchased Web site hosting services and/or products.

3.6. Roles Regarding UNIX / Linux Managed Servers.

3.6.1. Customer may not create/update/delete accounts created and maintained by the Company. Specifically, the Company account may not be altered in any manner nor may any account with a UID of less than 1000 be altered. 3.6.2. Customer may not change the partitioning or mount points of any drive. 3.6.3. Customer may not create/update/delete any file in the /usr directory tree. 3.6.4. Customer may not install Microsoft© FrontPage Extensions unless updated on the /usr directory tree. 3.6.5. Customer may not create .rhosts or /etc/.host.equiv files. 3.6.6. Customer may not implement any procedure or process that would allow one to login as root without using the root password. Customer may not create suid scripts or programs. 3.6.7. Customer may not alter the system kernel. 3.6.8. Customer may not alter the /sys or /etc/system directory trees or any files contained therein. 3.6.9. Customer may not apply operating system and application patches to software not installed and solely maintained by the Customer, unless notification is given to the Company. 3.6.10. Customer may not change the root shell. 3.6.11. Customer may not alter the contents of /.k5login. 3.6.12. Customer may not alter /etc/fstab or /etc/vfstab. 3.6.13. Customer may not share or export file systems. This includes modifying /etc/exportfs, /etc/dfs/sharetab, and /etc/netgroup. 3.6.14. Customer may not modify the decode or root alias in the /etc/aliases file. 3.6.15. Customer may not change the “identity” of the system. This includes modifying /etc/hosts, /etc/hostname.*, /etc/defaultrouter, /etc/networks and /etc/ethers. 3.6.16. Customer may not modify the system in any manner that restricts or alters access to the system by the Company’s employees 3.6.17. Customer may acquire root privileges after successful login of a valid non-root userid and using su to gain access as root. 3.6.18. Customer may create/update/delete all aspects of Customer created user accounts. This may include modifying home directory permissions, user passwords, etc. 3.6.19. Customer may use FTP to create/update/delete files and directories. 3.6.20. Customer may add to, but may not modify, existing data in the following configuration files: /etc/aliases, /etc/group, /etc/sendmail.cf file and root crontab. 3.6.21. Customer may install software on the server provided the installation meets all of the criteria detailed above, and the Company is notified of such installation.

3.7. Roles Regarding Windows Managed Servers.

3.7.1. Customer may not create/update/delete accounts created and maintained by the Company. Specifically, Company account may not be altered in any manner. 3.7.2. Customer may not install software that does not execute as a service. 3.7.3. Customer may not install software that does not have a remote administration capability. 3.7.4. Customer may not install applications that do not run within a logon account different from that of the installing user. 3.7.5. Customer may not install applications which must be restarted when one user logs off and another user logs on. 3.7.6. Customer may not install applications that do not execute when an individual is not logged on to the server. 3.7.7. Customer may not modify the network and system settings of the server. 3.7.8. Customer may not apply operating system and application patches to software not installed and solely maintained by the Customer, unless notification is given to the Company. 3.7.9. Customer may use FTP to create/update/delete files and directories. 3.7.10. Customer may create/update/delete all aspects of Customer created user accounts. This includes modifying home directory permissions, user passwords, etc. 3.7.11. Customer may start and stop all Windows Services, including the WWW and FTP services. 3.7.12. Customer may install software on the server provided the installation meets all of the criteria detailed above, and the Company is notified of such installation.

3.8 Customer may use Company-provided backup tapes to retrieve website content or software code provided by Customer. Backup tapes shall not be used in any manner not authorized by the Agreement or this Acceptable Use Policy. Customer shall not replicate or copy Company-provided files, code, directories or data except for the sole purpose of extracting Customer data.

4. Abusable Resources. Upon notification of the existence of an abusable resource, for example, and without limitation, an open newsserver, an unsecured mail relay or a smurf amplifier, Customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after Customer has received such notification shall be considered a violation of this Acceptable Use Policy and enforced as such.

GLOSSARY

* Acceptable Use Policy: Guidelines for services and products for Web Hosting and Internet Connectivity.

* Address/IP Spoofing: Inserting forged routing information into network packet(s) such that the origin of the packet is misreported, which causes return packets to be misrouted.

* Binary Files: A file containing bits or bytes that do not necessarily represent printable text. The term binary file usually denotes any file that is not a text file, such as executable machine language code. Special software is required to print a binary file or view it on the screen.

* Bulk E-mail: Any group of messages sent via E-mail, with substantially identical content, to a large number of addresses at once. Many ISPs specify a threshold for bulk E-mail (e.g., 25 or more recipients within a 24-hour period). Taken by itself, bulk E-mail is not necessarily abuse of the electronic mail system. For example, there are legitimate mailing lists, some with hundreds or thousands of willing recipients.

* Commercial E-mail: Any E-mail message sent for the purposes of distributing information about a for-profit institution, soliciting purchase of products or services, or soliciting any transfer of funds. It also includes commercial activities by not-for-profit institutions.

* Cracks: Distribution of registration codes for software in violation of the software license, or distribution of any software intended to defeat copy protection.

* Deceptive On-Line Marketing Practices: Marketing practices that present a false image of the advertised product (or of the advertiser). One example of a deceptive on-line marketing practice would be an E-mail that purports to originate from the recipient’s ISP or from a well-known company. Other examples include fraud, multi-level marketing, or any commercial or non-commercial activity that is conducted for the purpose of confusing, misleading or misinforming the E-mail and/or Internet users.

* Electronic mail (E-mail) Spam: Unsolicited E-mail from which a recipient cannot unsubscribe, or unsolicited E-mail to a recipient who does not have a previous business or other relationship with the sender.

* Forged Routing Information: Routing information which is misleading or incorrect or which would tend to disguise the origin of the routed material. Usually refers to information that is not generated by any routing device (such as a mail server), but is inserted by a party using software which is designed to produce false routing information (headers in the case of E-mail).

* FTP: File Transfer Protocol. A standard way of transferring files from one computer to another on the Internet and on other TCP/IP networks. FTP is also the name of any of various computer programs that implement the file transfer protocol. Customers can also retrieve files by FTP using a web browser.

* MMF: Make Money Fast Schemes: Messages that “guarantee immediate, incredible profits!,” including such schemes as chain letters.

* Mailbomb: Delivery of enough E-mail to an electronic mailbox to overload the mailbox or potentially overload the system that the mailbox is hosted on.

* Newsgroup Spams: A public forum or discussion area on a computer network. All users of the network can post messages, and every user can read all messages distributed worldwide by the Usenet system, covering thousands of topics.

* Packet Spoofing: Emitting a network packet with a source address you do not have permission from the owner to use.

* Ping Flood: Intentionally flooding a system’s pipeline with ICMP EchoRequests. This can reduce the bandwidth available for legitimate use and, if severe enough, can bring a pipe down.

* Pirated: Any copywritten material, commercial or noncommercial, that is used, transmitted and/or stored without authorization.

* Pyramid Schemes: A get-rich scheme in which you receive a message containing a list of names. Recipients are expected to send money to the first person on the list, cross the first name off, add their name at the bottom and distribute copies of the message.

* Smurf/Fraggle: http://users.quadrunner.com/chuegen/smurf.txt The “smurf” attack, named after its exploit program, is one of the most recent types of network-level attacks against hosts. A perpetrator sends a large amount of ICMP echo (ping) traffic at IP broadcast addresses, all of which have a spoofed source address of a victim. If the routing device delivering traffic to those broadcast addresses performs the IP broadcast to layer-2 broadcast function, most hosts on that IP network will take the ICMP echo request and reply to it with an echo reply each, multiplying the traffic by the number of hosts responding. On a multi-access broadcast network, there could potentially be hundreds of machines to reply to each packet. The “smurf” attack’s cousin is called “fraggle,” which uses UDP echo packets in the same fashion as the ICMP echo packets. A “fraggle” is a simple re-write of “smurf.”

* System Kernel: The central part of an operating system. In many operating systems, only the kernel can access hardware directly. (Also spelled “kernal.”)

* Unsolicited E-mail: Unsolicited E-mail is any E-mail message received where the recipient did not specifically ask to receive it. Taken by itself, unsolicited E-mail does not constitute abuse, and not all unsolicited E-mail is undesired E-mail. For example, receiving “unsolicited” E-mail from a long-lost friend or relative is certainly not abuse.

* Unsolicited Bulk E-mail (UBE):E-mail with substantially identical content sent to many recipients who did not ask to receive it.

* Unsolicited Commercial E-mail (UCE): E-mail containing commercial information that has been sent to a recipient who did not ask to receive it. * Worms: An automated computer program that probes, breaks into, interferes with or disrupts service for one or more computers, networks or services. Similar to a virus, Trojan horse or other disabling device.