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Thobson Terms of Use & Acceptance Use Policy
This Acceptable Use Policy ("the Policy")
applies to all Services & Websites hosted by Thobson
Group, Inc. Thobson services or Internet connectivity
are collectively referred to as the "Service."
Please read this Policy in its entirety
and all users of our Service will be bound by this Policy,
which may be updated from time to time without notice
so please check back periodically for any substantive
changes.
U.S Government Rights
Violation of this Policy is grounds for termination
of the Service. If you do not wish to be bound by these
policies, please do not use the Service.
This Acceptable Use Policy (the"Policy")
governs the use by Customer of Service(s) offered by
THOBSON.
Illegal / Adult Content
Thobson neither sanctions nor permits hosted site content
or the transmission of data that contains illegal or
obscene material or fosters or promotes illegal activity,
including but not limited to, gambling, the offering
for sale of illegal weapons, and the promotion or publication
of any material that may violate hate crimes legislation.
Thobson reserves the right to immediately
suspend or terminate any site or transmission that violates
this policy, without prior notice. In the event of such
termination, Customer agrees that the unused portion
of any fees Customer may have paid for any Services
rendered to Customer by Thobson are an appropriate recompense
to Thobson for the time required to respond to and address
issues created by Customer's illegal or obscene site/content,
and Customer agrees not to seek recovery of those fees.
Further, should Customer violate this
policy, Thobson will actively assist and cooperate with
law enforcement agencies and government authorities
in collecting and tendering information about Customer,
Customer's site, the illegal or obscene content, and
those persons that may have inappropriately accessed,
acquired, or used the illegal or obscene content.
Internet Abuse
Thobson will always take the appropriate action when
Internet abuse is brought to our attention. Customer
shall not abuse Internet resources including, but not
limited to, activities such as using a nonexistent electronic
mail ("e-mail") return address on a commercial
solicitation; spamming (sending unsolicited material
to numerous e-mail address or newsgroups and/or generating
a significantly higher volume of outgoing e-mail than
a normal user, as determined by Thobson); allowing spamming
by third parties to promote a Website hosted by Thobson;
offering for sale or otherwise enabling access to (i)
warez or (ii) software products that facilitate the
sending of unsolicited e-mail or facilitate the assembling
of multiple e-mail addresses ("spamware");
trolling (posting outrageous messages to generate numerous
responses); mail-bombing (sending multiple messages
without significant new content to the same user); subscribing
someone else to a mailing list without that person's
permission; or cross-posting articles to an excessive
number of newsgroups. Thobson reserves the right to
determine what constitutes abuse.
Wrongful Conduct
Customer shall not commit or permit wrongful or damaging
acts which justify civil action including, but not limited
to, posting of defamatory, scandalous, or private information
about a person without their consent or intentionally
inflicting emotional distress.
Illegal / Unauthorized Access to Other Computers or
Networks
Customer shall neither permit, allow, nor participate
in the illegal or unauthorized accessing (often known
as "hacking" or "cracking") of computers
or networks. Customer shall not use our systems to engage
in illegal activities including, but not limited to
breaking into remote systems, credit card fraud, theft,
vandalism, threats, or violence. These unacceptable
uses carry potential civil and criminal penalties under
both federal laws and the laws of most states and may
constitute grounds for immediate termination.
Thobson will actively assist law enforcement
agencies with the investigation and prosecution of any
such activities, including surrendering Customer account
information. Complaints regarding security should be
sent via e-mail to complaints@thobson.com.
Unsolicited Commercial E-main & Unsolicited Bulk
E-mail ("SPAM"
Unsolicited e-mail, including commercial advertising
and informational announcements sent without the recipient
either requesting such information or otherwise explicitly
expressing an interest in the material, is strictly
prohibited. SPAM activity that does not originate from
a Thobson Server but attempts to direct recipients via
a link or otherwise to a site on the Thobson network
is also a violation of this Policy. Any bulk e-mail
must contain instructions for the recipient to request
removal from the mailing list. Links and addresses providing
such a reply option must be kept current. A user shall
not use another Website’s mail server to relay mail
without the express permission of the Website. Since
many Internet users use a dial-up connection and pay
for their online time, it costs them money to receive
e-mail.
It should be noted that a user has
not expressed an interest by the mere act of posting
a news article in any particular newsgroup, or by visiting
a Website, unless they have made a specific request
for information to be e-mailed to them.
Unauthorized use of the Thobson Network
in connection with the transmission of unsolicited bulk
e-mail ("SPAM"), including the transmission
of counterfeit e-mail, 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.)
Thobson's response to a first spamming
offense is to either terminate the account immediately
or advise and educate the Customer through an e-mail
warning and/or phone call, in Thobson's sole discretion.
A minimum $100 (One Hundred U.S. Dollars) per hour spam
handling fee will be charged to Customer's account for
all valid complaints, as determined by the ThobsoN Abuse
Team.
Complaints regarding illegal use or
system or Network security issues should be sent via
e-mail to complaints@thobson.com.
Usenet
Posting the same or similar message to one or more newsgroups,
off-topic posting or multiple-posting, may be in violation
of the newsgroup charter and is also considered by Thobson
as internet abuse.
System and Network Securty
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
of system or network security violations include, without
limitation, the following:
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.
Unauthorized monitoring of data or
traffic on any network or system without express authorization
of the owner of the system or network.
Interference with Service to any user,
host or network including, without limitation, electronic
junk mailing, flooding, or deliberate attempts to overload
a system and broadcast attacks, forging of any TCP-IP
packet header or any part of the header information
in an e-mail or a newsgroup posting.
Forged Headers and/or Addresses
Forging headers or messages means sending e-mail so
that its origin appears to be another user or machine,
or a nonexistent machine. It is also forgery to configure
the reply to address of the e-mail without the authorization
and permission of the Website. These practices are prohibited.
Mail Bombing
Mail bombing is the sending of multiple e-mails, or
one large e-mail, with the sole intent to overload a
system or to seek revenge on a fellow Internet user.
It is wasteful of shared Internet resources and is of
no value to the recipient. This practice is prohibited.
Mailing List Subscriptions
List owners are encouraged to confirm all subscription
requests from the apparent subscriber before starting
to send any list e-mail. List owners must ensure that
unsubscribe requests are handled from people who were
unaware that they had joined a mailing list. It is not
acceptable to subscribe people to a list merely because
he or she has visited your Website or used one of your
products; the person must make an explicit request to
be listed. However some reports occur because people
have genuinely forgotten that he or she has made such
a request. If you run a mailing list, Thobson strongly
suggests to keep copies of administrative requests (Web
logs, or e-mails including headers) so that you may
demonstrate your subscription requests were genuine.
Copyright or Trademark Infringement
Thobson may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation
of any applicable law or regulation, including export
control laws, is prohibited. This includes, without
limitation, material protected by patent, copyright,
trademark, service mark, trade secret or other intellectual
property rights. If you use another party's material,
you must obtain prior authorization. By using the Services,
you represent and warrant that you are the author and
copyright owner and/or proper licensee with respect
to any hosted content and you further represent and
warrant that no hosted content or domain name violates
the trademark or domain name rights of any third party.
Thobson reserves the right to suspend or terminate a
Customer that, in Thobson's discretion, violates these
policies or violates any law or regulation, e.g., the
Digital Millennium Copyright Act and any other related
legislation or a court order.
However Thobson reserves rights to
use its customers name and logo including contact person
for marketing and references to be provide within Thobson
Website and Thobson related Promotional material including
but not limited to website, brochures, advertisements,
references etc.
However Thobson will not disclose any
confidential information including the email addresses
or contact information to any third party.
Misuse of System Resources
Customer shall not misuse system resources including,
but not limited to, employing posts or programs which
consume excessive CPU time or storage space; utilizing
excessive bandwidth, permitting use of mail services,
mail forwarding capabilities, POP accounts, or auto-responders
other than for the Customer's own account; resale of
access to CGI scripts installed on Thobson's servers;
or resale of Thobson Internet access.
Mission 500 Customization Policy
Custom CGI Extension
CGI execution is allowed. This involves settings being
made to the customer's Website properties within IIS,
including an application mapping for the .cgi file suffix.
This could either be mapped to a binary CGI or a script,
i.e. Perl. These files are suffixed with the .cgi extension
and run within a customer's Web service.
Custom
Executables
Custom executables are not supported on the Mission
product line. Commonly, these are file types suffixed
by .exe and run as an application on the server. These
file types may also be suffixed by .bin if they have
been converted using a utility like 'exe2bin'.
Custom
DLL Registration
At this time, we do allow the registration of custom
Dynamic Link Libraries (DLL). DLL is defined as "executable
routines (generally serving a specific function or set
of functions)” stored as separate files with the .dll
extension. "These routines are loaded only when
needed" by the client's code that calls them.
Thobson reserves the right to deny
the registration of a DLL for any reason; likewise,
we also reserve the right to disable any DLLs at any
time without cause. In the event of a migration, the
customer will be responsible for providing Thobson information
regarding their registered DLL. The following procedures
will be used to qualify a DLL for registration. Failure
to meet any of the below requirements will disqualify
the DLL; however, meeting these requirements does not
indicate an approval of the Custom DLL
3rd
party DLL registration request process
If the customer has requested a third-party DLL to be
registered the following steps will be take
Customer
submits a request to have the DLL reviewed.
Customer
will provide DLL.
Customer
will provide vendor URL.
Customer
will provide information concerning the DLL's licensing
if applicable.
Customer
will provide working code (ASP, etc.) that calls each
method (routine) within the DLL.
Development
provides a reasonable time-line for confirmation or
denial. Usually 7-10 business days.
Development
researches Vendor.
Development
determines if the DLL is licensed to run on the servers.
Development
determines if the DLL is fully compatible on Windows
2000.
Development
will register the DLL on a test server as if were the
customer's site.
Development
will register the DLL within the customer's memory space
and user context.
This is done through Component Services
Ensures
that the DLL has its own memory space (the customer's)
and that it does not run as an administrator
on the server
We
will not allow the DLL to run as a SYSTEM process nor
under any other user context other than
the customer's.
Development
will use the provided code to run a test against the
DLL for 72 hours.
Once the above steps have been performed, development
will make the decision to allow or deny the registration
of the DLL.
Customer
Written DLL
If the Customer has requested a DLL they have written
to be registered on the server, the following steps
will be taken:
Customer submits a request to have
the DLL reviewed.
Customer
will provide the source code.
Customer
will provide working code (ASP, etc.) that calls methods
from the DLL.
Customer
will provide any documentation they have regarding the
DLL.
Customer
will provide a description of the DLL.
Development provides a reasonable
time-line for confirmation or denial. Usually 7-10 business
days.
Development
does a sight review of the source code.
If
any noticeable errors are spotted within the source
code we will return the code to the customer
indicating this information; however, we will not troubleshoot
source code.
Development
will compile the source code
Development
will register the DLL within the customer's memory space
and user context.
This is done through Component Services.
Ensures
that the DLL has its own memory space (the customer's)
and that it does not run as an administrator
on the server.
We
will not allow the DLL to run as a SYSTEM process nor
under any other user context other
than the customer's.
Development
will register the DLL on a test server.
Development
will use the provided code to run a test against the
methods in the DLL on the server
for 72 hours.
Once the above steps have been performed
development will make the decision to allow or deny
the registration of the DLL
Other
Activities
Whether lawful or unlawful, Thobson reserves the right
to determine what is harmful to its Customers, operations
or reputation, including any activities that restrict
or inhibit any other user from using and enjoying the
Service or the Internet.
Please be aware Thobson reserves the
right to cancel any account they find in violation of
any of the above policies.
Complaints about violators of our Policy
should be sent via e-mail .
Each complaint will be investigated and may result to
immediate cancellation of Services without prior notice
and without refund of Service fees paid.
Acceptable Use Policy (AUP), version 3 – June
17th 2005
AUP applies to all Thobson Technologies clients.
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