AUP ( Acceptable Use Policy )
Electronic Consultants Inc.'s Acceptable Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what Electronic Consultants Inc. expects of them while using the service. All users of Electronic Consultants 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 Electronic Consultants Inc. Service constitutes acceptance and agreement to
Electronic Consultants Inc.'s AUP as well as Electronic Consultants Inc.'s TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To Electronic Consultants Inc.
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. Electronic Consultants 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 Electronic Consultants Inc. account
or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Electronic Consultants Inc.'s
Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Electronic Consultants 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
Electronic Consultants Inc. intends to provide its customers access to
everything the Internet has to offer. While the Electronic Consultants Inc. is firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both the Electronic Consultants Inc. and the Internet and cannot be permitted under the
guise of free speech. The resources of the Electronic Consultants 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 rack or virtual site to publish material, which
Rackshack.Net 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 Electronic Consultants 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.
VIOLATIONS OF Electronic Consultants Inc. ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: Electronic Consultants Inc.'s services may not be
used for illegal purposes, or in support of illegal activities. Electronic Consultants 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 Electronic Consultants Inc. service to
harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the Electronic Consultants Inc. service to
transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of
Harassment: Use of the Electronic Consultants Inc. service to
transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of Electronic Consultants 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 Electronic Consultants 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 Electronic Consultants Inc. account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their
server immediately removed from our network. The server will not be reconnected until such time that you agree to remove
ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the
server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and
permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation
WILL be immediately and permanently removed from our network without notice.
- 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 Electronic Consultants Inc. account.
E-mail / Message Forging: Forging any message
header, in part or whole, of any electronic transmission, originating or passing through the Electronic Consultants Inc. service is in violation
of this AUP.
Usenet SPAMing: Electronic Consultants 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 Electronic Consultants Inc.
service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security
measures of Electronic Consultants 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 Electronic Consultants Inc. account is subject to immediate termination.
Copyright or trademark infringement: Use of the
Electronic Consultants 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
Electronic Consultants Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or
Network disruptions and unfriendly activity: Use
of the Electronic Consultants Inc. service for any activity which affects the ability of other people or systems to use Electronic Consultants 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. Electronic Consultants 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.
Fraud: 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 Electronic Consultants Inc. services could result in
Third Party Accountability: Electronic Consultants 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.
Violation Of Rackshack Virtual Accounts: It is
absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host
an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of
these networks will be immediately removed from our network without notice. The server will not be reconnected to the
network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have
access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will
result in immediate account termination.
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.
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.
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.
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 other
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.
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.
Users who violate systems or network security may incur
criminal or civil liability. Electronic Consultants 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
Electronic Consultants 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
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 Electronic Consultants Inc. systems or networks. Electronic Consultants Inc. reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Electronic Consultants Inc. AUP
Electronic Consultants Inc. requests that anyone who believes that there is a violation of this
AUP direct the information to our Abuse Department.
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. Electronic Consultants Inc.
may take any one or more of the following actions in response to complaints:
REVISIONS TO THIS ACCEPTABLE USE POLICY
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
Bring legal action to enjoin violations and/or to
collect damages, if any, cause by violations
Electronic Consultants 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. Notice of any
revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).