Netriplex Acceptable Use Policy (AUP)

1. LEGAL USES. Host's system and services may not be used in any way which violates Federal, State, Local, or International law. This prohibits, but is not limited to, any actions which are threatening, obscene, defamatory, or which violate trade secret, copyright or patent protection, or rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event User is suspected of any such violation, Host reserves the right to immediately suspend or terminate User's account.

2. NETWORK TRANSMISSIONS. User is responsible for any materials passed via Host's system to other networks, and agrees to comply with any restrictions posed by the other network's terms of service or acceptable use policies.

3. PROHIBITED MATERIALS. User is strictly forbidden from hosting websites that contain illegal pornographic materials or that send Unsolicited Commercial Email (UCE) otherwise known as SPAM.

4. CONFIDENTIALITY. Host will protect to the best of its ability the confidentiality of any files and electronic mail stored on or exchanged over the system, except as may be necessary to provide the requested Internet services, or as may be necessary to preserve the security and proper operation of Host's system, or to protect Host's rights or property.

Host, except as otherwise provided for in this Agreement or as required by law, will use its best efforts to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.

User acknowledges that no system on the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on or transmitted through Host's system is stored or transmitted at User's own risk.

5. SECURITY CONCERNS. User is responsible for choosing a secure password and for keeping it secret.

User may not attempt to bypass any security mechanisms in place on Host's system, or use any of Host's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, port scanning, running any password cracking software, or attempting to access a system which any user knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.

6. COPYRIGHT ISSUES. User agrees not to upload to, download from, make available for public access on, or transmit through Host's system any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, User warrants that User has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works in excess of any legal right through Host's system is a violation of federal law and international treaties, and may result in not only termination of User's account, but also may result in civil and/or criminal fines and prison sentences.

User agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via Host's system.

User explicitly licenses Host to make any copies of copyright protected materials necessary to provide Internet and related services to User, as well as make any necessary copies necessary to preserve and maintain Host's system and User's files and electronic mail.

User explicitly licenses Host to make any copies, without limitation, of any copyrighted materials submitted to a public forum maintained on Host's system, or submitted to any forum to which Host provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.

7. OUTBOUND EMAIL DELIVERY POLICY. Netriplex prohibits the use of the Netriplex network to accept, transmit or distribute unsolicited bulk email. Bulk email is defined as the same or similar messages sent to 20 email addresses or more. In addition, email sent, or caused to be sent, to or through the Netriplex network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit email to be sent to or through the network is unauthorized. Similarly, email that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email, is also unauthorized. Netriplex does not authorize anyone to send e-mail or cause e-mail to be sent through the network that violates Netriplex's Terms and Conditions.

Unauthorized use of the Netriplex network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email will result in immediate suspension of all services and may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) and the CAN-SPAM Act of 2003.

The following standards apply to the delivery of outbound email through the Netriplex network and at Netriplex's sole discretion we may enforce the following policies:

- Netriplex's servers or networks will not accept connections from unsecured systems. These include open relays, open proxies, open routers, or any other system that has been determined to be available for unauthorized use.

- Netriplex's mail servers will not accept connections from systems that use dynamically assigned or residential IP addresses.

- Netriplex will not deliver email that contains a hex-encoded Universal Resource Locator (URL). (Ex: http://%6d%6e%3f/)

- Netriplex's mail servers will reject messages with more than 100 recipients.

- Netriplex's mail servers will reject messages with attachments that exceed 100MB.

- Netriplex will reject connections from servers that consistently generate a higher than 10% invalid recipient rate (i.e. over 10% of a sender's mailing list is destined for users that do not exist).

- Netriplex will reject connections from senders who are unable to accept at least 90% of the bounce-return messages (mailer-daemon failure/error messages) destined for their systems.

- Complaints and/or blacklists from sources deemed reasonable credible by Netriplex will be used as a basis for refusing connections from any mail server.

- Netriplex will make commercially reasonable attempts to provide communications to the technical contact of record who may be in violation of Netriplex's policies.