Network Abuse Policy

This document sets forth Fastmetrics, Inc. ("Fastmetrics") Network Abuse Policy ("Policy) and supersedes any other written or oral policy. Fastmetrics may modify this Policy from time to time as reasonably required. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Any activity or conduct that violates law, regulations or the accepted norms of the Internet community or may harm Fastmetrics' facilities, reputation, goodwill or customer relations, whether or not expressly mentioned in this Policy, is strictly prohibited. Fastmetrics reserves the right at all times to revise its Network Abuse Policy and to take appropriate steps to address violations of that Policy as outlined in Section V herein.

I. System and Network Security

It is Fastmetrics' goal to: (1) protect network resources, (2) preserve the privacy and security of Fastmetrics' networks, (3) preserve the privacy and security of Fastmetrics' customers' networks, and (4) maximize the utility of Fastmetrics and the Internet.

  1. Customers may not: (i) tamper with other customer accounts, (ii) commit unauthorized intrusion into any part of Fastmetrics' network or systems; or (iii) use any of Fastmetrics' machines, files, accounts, or systems to intrude without authorization into any other network.
  2. Customer may not use Fastmetrics services not included in Customer's account, nor circumvent security (or assist others to circumvent security) in order to access services for which the person accessing those services has not entered into a binding agreement with Fastmetrics. This includes, but is not limited to, the scanning of Fastmetrics' or other networks with intent to breach and/or evaluate security.
  3. Customer may not use Fastmetrics' network or systems in a manner that encumbers disk space, processors or other system resources beyond those allowed by Customer's specific type of account. Customers may not make deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.
  4. The use or attempted use of Internet services or systems without authorization is strictly prohibited. This includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, Customers may not use programs, scripts, commands, or otherwise send messages with the intent to interfere with a Customer's terminal session.

II. Unlawful, Harmful or Offensive Communications

It is a violation of this policy for Customer knowingly to use the facilities or services of Fastmetrics, including any of Fastmetrics' Internet access, web site hosting and web site design services, to create, transmit, post or otherwise make available through the Internet any material that is unlawful, abusive or harmful to Fastmetrics' facilities, customers, goodwill or reputation. Communications prohibited by this Policy include, but are not limited to materials that infringe copyright, trademark or other intellectual property; obscenity, indecency, or child pornography; and defamatory communications. Although it is not Fastmetrics' policy to monitor, censor or edit information made available through the use of its facilities, Fastmetrics reserves the right to take appropriate action, as described in Section VII herein, when it becomes aware of transmissions, postings or other communications that violate this Policy.

III. EMAIL

  1. Customer may not send unsolicited, commercial email to any other customer account that has not specifically requested such information or that causes complaints from the recipients of such unsolicited email. Fastmetrics services may not be used to send unsolicited advertising messages to other network Customers. Customer may not flood/spam newsgroups with commercial or non-commercial postings.
  2. Customers may not continue to send commercial email to a recipient if recipient has requested that Customer discontinue such communication. Any use of Fastmetrics property for the composition, distribution, or collection of bulk email, abusive email, or any form of unsolicited, commercial email is strictly prohibited.
  3. Fastmetrics prohibits the transmission of email to non-consenting recipients that is harassing, libelous, defamatory, threatening, abusive or hateful.
  4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.
  5. "Mail-bombing" (i.e. flooding a Customer site with large or numerous email messages) is strictly prohibited.
  6. Customers may not forge header information.
  7. Fastmetrics prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.
  8. This Policy also applies to other means of Internet-based transmissions, including without limitation to Internet fax or Internet phone.

IV. Usenet

  1. Fastmetrics may provide Customers with uncensored newsfeed. Fastmetrics does not control newsgroup content nor is Fastmetrics responsible for postings by Fastmetrics' Customers.
  2. It is the responsibility of those persons who post messages to determine a newsgroup's etiquette. Customers that submit content to newsgroups should refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter or Frequently Asked Questions. Message posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups.
  3. Customers are prohibited from forging header information and from posting chain letters of any type.
  4. Customers may only post binary files to newsgroups designed for that purpose.
  5. Customers may not cancel or supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their on-line responsibilities.
  6. Fastmetrics prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.

V. Internet Relay Chat (IRC)

Fastmetrics does not maintain an IRC server but customers may use their Internet connection to access the server of another provider. Customers are obligated to abide by the rules set forth by the applicable provider and to follow proper IRC etiquette.

VI. Use of copyrighted material

Fastmetrics, Inc. is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, Newsgroups or any other services provided by Fastmetrics, Inc. to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your Fastmetrics service.

VII. Access to content

Fastmetrics Inc. functions as a common carrier and does not censor. Material can be found on the Internet or in Usenet news groups, etc., that some viewers may find objectionable; Fastmetrics, Inc. is not responsible for any content available via Fastmetrics accounts or services. Any limitation of access to content is at all times the responsibility of the account holder and Fastmetrics, Inc. shall not be held responsible for access to material that an account holder deems inappropriate. We suggest that minors be supervised.

VIII. Enforcement

Fastmetrics' procedure is to deal with each net abuse case on an individual basis. Based on an investigation and a determination of the nature and severity of the abuse, Fastmetrics may take immediate action, without prior notice, against any party or parties found in violation of this policy. Such action may include, but is not limited to, blocking of access to particular websites, newsgroups or other material found to violate the Network Abuse Policy, or termination of Customer's service with Fastmetrics.

Customer agrees that it will take appropriate action against persons who obtain Internet access or other Internet based services from Customer and who violate Fastmetrics' Network Abuse Policy. Customer further agrees that it will cooperate fully with Fastmetrics in any actions taken by Fastmetrics to enforce this Network Abuse Policy.