acceptable use policy

 

After Dark Grafx, Inc.'s Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what After Dark Grafx, Inc. expects of them while using the service. All users of After Dark Grafx, Inc.'s 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 After Dark Grafx, Inc. Service constitutes acceptance and agreement to After Dark Grafx, Inc.'s AUP as well as After Dark Grafx, Inc.'s 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. After Dark Grafx, Inc.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 AlwaysOnline.net account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

 

This document is intended to provide a basic understand of After Dark Grafx, Inc.'s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of After Dark Grafx, Inc.'s 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. The After Dark Grafx, Inc. intends to provide its customers access to everything the Internet has to offer. While the After Dark Grafx, Inc. is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the After Dark Grafx, Inc. and the Internet and cannot be permitted under the guise of free speech. The resources of the After Dark Grafx, Inc. 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, website or virtual site to publish material, which After Dark Grafx, Inc. 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 After Dark Grafx, Inc. 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 abuse@afterdarkgrafx.com.

 

VIOLATIONS OF After Dark Grafx, Inc. ACCEPTABLE USE POLICY
The following constitute violations of this AUP: #


# Illegal use: After Dark Grafx, Inc.'s services may not be used for illegal purposes, or in support of illegal activities. After Dark Grafx, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.


# Harm to minors: Use of the After Dark Grafx, Inc.service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.


# Threats: Use of the After Dark Grafx, Inc. service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.


# Harassment: Use of the After Dark Grafx, Inc.service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.


# Fraudulent activity: Use of After Dark Grafx, Inc. 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."


# 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 infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. # Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the After Dark Grafx, Inc. 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 After Dark Grafx, Inc.account.


# 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 After Dark Grafx, Inc. account.


# E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the After Dark Grafx, Inc. service is in violation of this AUP.


# Usenet SPAMing: After Dark Grafx, Inc. 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.


# Unauthorized access: Use of the After Dark Grafx, Inc. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of After Dark Grafx, Inc.'s 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 After Dark Grafx, Inc. account is subject to immediate termination.


# Copyright or trademark infringement: Use of the After Dark Grafx, Inc. service to transmit any material (by e-mail, uploading, posting 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.


# Collection of personal data: Use of the After Dark Grafx, Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.


# Network disruptions and unfriendly activity: Use of the After Dark Grafx, Inc. service for any activity which affects the ability of other people or systems to use After Dark Grafx, Inc.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. After Dark Grafx, Inc. 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.


# Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.


# Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.


# 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.


# Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using After Dark Grafx, Inc. services could result in suspension service.


# Third Party Accountability: After Dark Grafx, Inc. 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.


# SPAM and Unsolicited Commercial Email (UCE): After Dark Grafx, Inc. takes a zero tolerance approach to the sending/transacting of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of After Dark Grafx, Inc.may not use or permit others to use our network to transact in UCE. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam is stricly prohibited. Customers of After Dark Grafx, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. (spamvertising) In addition, the following are also stricly prohibited.
-- offering for sale or otherwise enabling access to bulk email lists
-- software products or services that facilitate the sending of unsolicited email
-- software products or services facilitate the assembling of multiple e-mail addresses ("spamware"). Violations of this policy carry severe penalties, including termination of service.
-- Violation of After Dark Grafx, Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, After Dark Grafx, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, After Dark Grafx, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, After Dark Grafx, Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, After Dark Grafx, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. After Dark Grafx, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
-- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that After Dark Grafx, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
-- As our Customers are ultimately responsible for the actions of their clients over the After Dark Grafx, Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients. IP Addresses - Dedicated Servers and Server Colocation While we will allocate our customers an "limited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.


# 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. á
-- 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. á
-- 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. á
-- 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 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. á
-- 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. á Users who violate systems or network security may incur criminal or civil liability. After Dark Grafx, Inc. 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 After Dark Grafx, Inc. 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 After Dark Grafx, Inc. systems or networks. After Dark Grafx, Inc. reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF After Dark Grafx, Inc. AUP AlwaysOnline.net requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@afterdarkgrafx.com. 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. After Dark Grafx, Inc. 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
After Dark Grafx, Inc. 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.

 

Billing Policies
1. Terms for Payment: All payments shall be monthly by credit card on file or check, or in advance on a yearly basis. We will send monthly email invoices and paper invoices for those customers that require them. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in Payment: The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. Any delinquent account will incur a 6% penalty for each month past due. Service suspension 60 days past due. 90 Days past due: service will be terminated by After Dark Grafx, Inc. and all files deleted from server.
3. Releases: The Client shall indemnify After Dark Grafx, Inc. against all claims and expenses, including reasonable attorney's fees, due to uses of which no release was requested in writing or for uses which exceed authority granted by a release.
4. Liability: Client agrees to release After Dark Grafx, Inc. from any liability for content hosted on After Dark Grafx, Inc.Õs computer network. The Client assumes full liability for all content.
5. Termination of Contract: The term of contract for all After Dark Grafx, Inc. services is determined by each situation, however, any client's service may be terminated by client with 60 day written notice. If said client wishes, upon notice of termination by said client, that services rendered by After Dark Grafx, Inc. be ceased immediately, an early termination fee equal to two months of any contracted monthly fee will be applied. If said client wishes to terminate 12 month contract in advance of this annual agreement, any discounts applied at the time of order are void and said client agrees to pay After Dark Grafx, Inc. the balance of any discounts applied at the time of order. In the case that client does not cancel service within 60 days of the anniversary date, the contract will automatically renew for another 12 month term. After Dark Grafx, Inc. reserves the right to hold any software or intellectual property of the Client until such time as payment in full is received. After Dark Grafx, Inc.agrees to refund set up and monthly fees if we fail to meet the requirements of this contract within the first thirty days of the contract period. s a high-quality web hosting provider, After Dark Grafx, Inc. values its' good reputation. It is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these Policies. The following constitute examples of unacceptable uses of After Dark Grafx, Inc.'s services, which will result in suspension, or termination of the customer's account:
-- Affronts to Etiquette.
-- Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups)
-- Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message
-- Passive spamming (promoting a web site hosted by After Dark Grafx, Inc. by spamming from some other source)
-- Trolling (posting controversial messages in newsgroups to generate responses)
-- Mailbombing (inundating a user with email without any serious intent to correspond)
-- Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages.
-- Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed (known as Opt-In E-Mail). Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave.
-- If you are not sure if your actions will be in violation, please ask first (supportafd1@afterdarkgrafx.com with subject: ABUSE).
-- Age. The client must be 18 years of age to obtain our service.
-- Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a detrimental effects on third party computers.
-- Bigotry or othersie racial slurs, adjectives or other text that is generally offensive to others.

 

After Dark Grafx, Inc. supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, After Dark Grafx, Inc. will not substitute itself for a court of law in deciding claims raised by the third party. Abuse of the law. After Dark Grafx, Inc.'s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. After Dark Grafx, Inc. reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary. Pornography. Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of After Dark Grafx, Inc.'s servers. Abuse of After Dark Grafx, Inc.'s Server Resources. Running programs in the background on a After Dark Grafx, Inc.'s server without After Dark Grafx, Inc.'s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1000 emails a day and the like are not acceptable uses of After Dark Grafx, Inc.'s servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice unless client opts to increase bandwidth for a set fee. After Dark Grafx, Inc. can set an additional domain name to be pointed to your site's IP address for a one time $10 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termina tion of the account. Hacking/Cracking. After Dark Grafx, Inc. reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask supportafd1@afterdarkgrafx.com.
-- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
-- Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user.
-- Probing the security of any network.
-- Spawning dozens of processes.
-- Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop.
-- Promulgation of viruses.
-- IRC bots such as eggdrop or BitchX.
-- Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of After Dark Grafx, Inc.'s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered:
-- Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
-- Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of After Dark Grafx, Inc. to provide this knowledge or support outside matter specific to After Dark Grafx, Inc.'s servers unless charged on the hourly rate specified by After Dark Grafx, Inc. for help or support.
-- Backups: Full backups are made weekly, and backups of changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content information. If loss of data occurs due to an error of After Dark Grafx, Inc., After Dark Grafx, Inc. will make every attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, After Dark Grafx, Inc. will attempt to recover the data from the most recent archive for a $50.00 fee.
-- IP numbers: After Dark Grafx, Inc. maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
-- Limitation of Liability: After Dark Grafx, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from After Dark Grafx, Inc.'s servers going off-line or being unavailable for any reason whatsoever. Further, After Dark Grafx, Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of After Dark Grafx, Inc.'s servers. All damages shall be limited to the immediate termination of service. After Dark Grafx, Inc. shall be the sole arbiter of what is and is not a violation of these acceptable use policies. After Dark Grafx, Inc. reserves the right to terminate an account at any time and for any reason that causes harm to any After Dark Grafx, Inc. customer's web sites. After Dark Grafx, Inc. reserves the right to delete all content and files upon termination. After Dark Grafx, Inc. reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. After Dark Grafx, Inc. reserves the right to refuse, cancel, or suspend service at our sole discretion. After Dark Grafx, Inc. reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Uses Policies should be referred to supportafd1@afterdarkgrafx.com All complaints will be investigated promptly.

Thank you - After Dark Grafx, Inc.

 

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