| This AUP is incorporated
by reference in your Order Form and selected
with the Terms and Conditions of your order with Rebel Networks
and your service may be suspended or terminated for violation of this
AUP in accordance with the Master Services Agreement.
Inquiries regarding this policy should be directed to abuse@rebelnetworks.com
Internet Abuse
You may not use Rebel Networks 's network to engage in, foster,
or promote illegal, abusive, or irresponsible behavior, including:
| • |
Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without express authorization of the
owner of the system or network; |
| • |
monitoring data or traffic on any network or system without
the express authorization of the owner of the system or network; |
| • |
Interference with service to any user of the Rebel Networks
or other network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks; |
| • |
Use of an Internet account or computer without the owner's
authorization; |
| • |
Collecting or using email addresses, screen names or other
identifiers without the consent of the person identified (including,
without limitation, phishing, Internet scamming, password robbery,
spidering, and harvesting); |
| • |
Collecting or using information without the consent of the
owner of the information; |
| • |
Use of any false, misleading, or deceptive TCP-IP packet
header information in an e-mail or a newsgroup posting; |
| • |
Use of the service to distribute software that covertly gathers
information about a user or covertly transmits information about
the user; |
| • |
Use of the service for distribution of advertisement delivery
software unless:
(i) the user affirmatively consents to the download and installation
of such software based on a clear and conspicuous notice of
the nature of the software, and
(ii) the software is easily removable by use of standard tools
for such purpose included on major operating systems; (such
as Microsoft's "ad/remove" tool); or |
| • |
Any conduct that is likely to result in retaliation against
the Rebel Networks network or website, or Rebel Networks 's
employees, officers or other agents, including engaging in behavior
that results in any server being the target of a denial of service
attack (DoS). |
Security
You must take reasonable security precautions in light of your use
of the Rebel Networks services. You must protect the confidentiality
of your password(s), and you should change your password(s) periodically.
A compromised server is potentially disruptive to Rebel Networks’
network and other customers. Therefore Rebel Networks may take your
server off line if it is accessed or manipulated by third party
without your consent.
Bulk or Commercial E-Mail
You must comply with the CAN-SPAM Act of 2003 and other laws and
regulations applicable to bulk or commercial e-mail. In addition,
you must obtain Rebel Networks 's advance approval for any bulk
e-mail, which will not be given unless you are able to demonstrate
all of the following to Rebel Networks 's reasonable satisfaction:
| • |
Your intended recipients have given their consent
to receive e-mail via some affirmative means, such as an opt-in
procedure; |
| • |
Your procedures for soliciting consent include reasonable
means to ensure that the person giving consent is the owner
of the e-mail address for which the consent is given; |
| • |
You retain evidence of the recipient's consent in a form
that may be promptly produced on request, and you honor recipient's
and Rebel Networks 's requests to produce consent evidence within
72 hours of receipt of the request. |
| • |
You have procedures in place that allow a recipient to revoke
their consent — such as a link in the body of the e-mail,
or instructions to reply with the word "Remove" in
the subject line; you honor revocations of consent within 48
hours, and you notify recipients that the revocation of their
consent will be implemented in 48 hours; |
| • |
You must post an e-mail address for complaints (such as abuse@yourdoman.com)
in a conspicuous place on any Web site associated with the e-mail,
you must register that address at abuse.net, and you must promptly
respond to messages sent to that address; |
| • |
You must have a Privacy Policy posted for each domain associated
with the mailing; |
| • |
You have the means to track anonymous complaints; and |
| • |
You may not obscure the source of your e-mail in any manner.
Your e-mail must include the recipients e-mail address in the
body of the message or in the "TO" line of the e-mail. |
These policies apply to messages sent using your Rebel Networks
service, or to messages sent from any network by you or any person
on your behalf that directly or indirectly refer the recipient to
a site or an e-mail address hosted via your Rebel Networks service.
In addition, you may not use a third party e-mail service that does
not practice similar procedures for all its customers. These requirements
apply to distribution lists prepared by third parties to the same
extent as if the list were created by you.
Rebel Networks may test and otherwise monitor your compliance with
its requirements, and may block the transmission of e-mail that
violates these provisions.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability
of a Rebel Networks system or network or to breach Rebel Networks
's security or authentication measures, whether by passive or intrusive
techniques, without Rebel Networks 's express written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any
bulletin board, chat group or other forum in which you participate,
such as IRC and USENET groups including their rules for content
and commercial postings. These groups usually prohibit the posting
of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access
or participate in using your Rebel Networks services.
Offensive Content
You may not publish or transmit via Rebel Networks’ network
and equipment any content or links to any content that Rebel Networks
reasonably believes:
| • |
Constitutes, fosters, or promotes child pornography; |
| • |
is excessively violent, incites violence, threatens violence,
or contains harassing content or hate speech; |
| • |
is unfair or deceptive under the consumer protection laws
of any jurisdiction, including chain letters and pyramid schemes; |
| • |
is defamatory or violates a person's privacy; |
| • |
creates a risk to a person's safety or health, creates a
risk to public safety or health, compromises national security,
or interferes with a investigation by law enforcement; |
| • |
improperly exposes trade secrets or other confidential or
proprietary information of another person; |
| • |
is intended to assist others in defeating technical copyright
protections; |
| • |
infringes on another person's copyright, trade or service
mark, patent, or other property right; |
| • |
promotes illegal drugs, violates export control laws, relates
to illegal gambling, or illegal arms trafficking; |
| • |
is otherwise illegal or solicits conduct that is illegal
under laws applicable to you or to Rebel Networks ; or |
| • |
is otherwise malicious, fraudulent, or may result in retaliation
against Rebel Networks by offended viewers. |
Content "published or transmitted" via Rebel Networks
's network or equipment includes Web content, e-mail, bulletin board
postings, chat, and any other type of posting or transmission that
relies on the Internet.
Copyrighted Material
You may not use Rebel Networks 's network or equipment to download,
publish, distribute, or otherwise copy in any manner any text, music,
software, art, image, or other work protected by copyright law unless:
| • |
you have been expressly authorized by the owner
of the copyright for the work to copy the work in that manner; |
| • |
you are otherwise permitted by established United States
copyright law to copy the work in that manner. |
Rebel Networks may terminate the service of copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using
the Rebel Networks network, please send your written notice of copyright
infringement to:
Attn: Helena Macchione
Rebel Networks Inc
251 Queen Street, South - Suite 503
Mississauga, Ontario, Canada L5M 1L7
Helena@rebelnetworks.com
Your notice must include the following:
| • |
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; |
| • |
Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single site
are covered by a single notification, a representative list
of such works at that site; |
| • |
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit Rebel Networks to locate the
material; |
| • |
Information reasonably sufficient to permit Rebel Networks
to contact you, such as an address, telephone number, and, if
available, an e-mail address; |
| • |
A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, the copyright owner's agent, or the law; |
| • |
A statement that the information in the notification is accurate,
and under penalty of perjury that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed. |
Cooperation with Investigations and Legal
Proceedings
Rebel Networks may, without notice to you:
| • |
report to the appropriate authorities any conduct
by you that it believes violates applicable criminal law, and |
| • |
provide any information it has about you in response to a
formal or informal request from a law enforcement or government
agency, or in response to a formal request in a civil action
that on its face meets the requirements for such a request. |
Other
| • |
You must have valid and current information on
file with your domain name registrar for any domain hosted on
the Rebel Networks network. |
| • |
You may only use IP addresses assigned to you by Rebel Networks
staff in connection with your Rebel Networks services. |
| • |
You agree that if the Rebel Networks IP numbers assigned
to your account are listed on Spamhaus, Spews, NJABL or other
abuse databases, you will be in violation of this AUP, and Rebel
Networks may take reasonable action to protect its IP numbers,
including suspension and/or termination of your Service, regardless
of whether the IP numbers were listed as a result of your actions. |
Consequences of Violation of AUP
Rebel Networks may without notice to you, suspend your service
or remove any content transmitted via the Rebel Networks service
if it discovers facts that lead it to reasonably believe your service
is being used in violation of this AUP. You must cooperate with
Rebel Networks 's reasonable investigation of any suspected violation
of the AUP. Rebel Networks will attempt to contact you prior to
suspension of network access to your server(s), however, prior notification
is not assured.
You are strictly responsible for the violation of this AUP, including
violation by your customers, and including violations that occur
due to unauthorized use of your service (but not including unauthorized
use that results from Rebel Networks 's failure to perform its obligations
under the Master Services Agreement and Service Order Form).
Rebel Networks may charge you its hourly rate for AUP breach recovery
(currently $250.00) plus the cost of equipment and material needed
to (i) investigate or otherwise respond to any suspected violation
of this AUP, (ii) remedy any harm caused to Rebel Networks or any
of its customers by the violation of this AUP, (iii) respond to
complaints, including complaints under the Digital Millennium Copyright
Act, (iv) respond to subpoenas and other third party requests for
information as described in the Master Services Agreement, and (v)
have Rebel Networks 's Internet Protocol numbers removed from any
abuse database. No credit will be available under your Rebel Networks
Service Level Agreement for interruptions of service resulting from
AUP violations.
Amendments to AUP
The Internet is still evolving, and the ways in which the Internet
may be abused are also still evolving. Therefore, we may from time
to time amend this AUP in accordance with our Master Services Agreement
to further detail or describe reasonable restrictions on your use
of our services.
Disclaimer
Rebel Networks is under no duty, and does not by this AUP undertake
a duty, to monitor or police our customers' activities and disclaims
any responsibility for any misuse of the Rebel Networks network.
Rebel Networks disclaims any obligation to any person who has not
entered into an agreement with Rebel Networks for services. |
