Black Sun Technologies

Terms of Service / Acceptable Use Policy

All Blacksun customers are responsible for reviewing and complying with this Acceptable Use Policy. Blacksun customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to their users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of users who violate this policy. For the purposes of this Policy, "Customer" shall be defined to include Blacksun's customers and also a customer's users and account holders. This Policy is subject to change with notice by publication on this Web site; customers are responsible for monitoring this web site for changes. This Policy was last changed on January 1, 2004. The actions described below are defined by Blacksun as "system abuse" and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to determine whether the use is permitted by contacting Blacksun via electronic mail. The following activities are expressly prohibited, and Blacksun expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but is not limited to, filtering, suspending, or terminating accounts, end-users or Customers that engage in system abuse or who refuse to address user abuse. In general, Blacksun Customers may not use Blacksun's network, machines, or services in any manner which:

  • violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;
  • violates the acceptable use policies of any networks, machines, or services which are accessed through Blacksun's network;
  • infringes on the intellectual property rights of Blacksun or others;
  • violates the privacy of others;
  • involves the resale of Blacksun's products or services, unless specifically documented in a separate written agreement or in the initial Customer contract with Blacksun;
  • involves deceptive online marketing practices including, without limitation practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes;
  • violates any specific instructions given by Blacksun for reasons of health, safety or quality of any other telecommunications services provided by Blacksun or by reason of the need for technical compatibility of equipment attached to the Blacksun Network;
  • materially affects the quality of any telecommunications services provided by Blacksun; or
  • otherwise violates this Acceptable Use Policy.

Prohibited activities also include but are not limited to, the following:

  • unauthorized use (or attempted unauthorized use)or sabotage of any computers, machines or networks,
  • attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
  • falsifying header information or user identification information;
  • introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
  • monitoring or scanning the networks of others without permission;
  • attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access;
  • executing any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer;
  • attempting to circumvent Customer authentication or security of any host, network, or account ("cracking");
  • Using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;· sending unsolicited bulk email;
  • maintaining an open mail relay;
  • collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
  • collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
  • transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights
  • furnishing false or incorrect data on the signup form; or
  • attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of Blacksun's products and services.

Dedicated and Webhosting Customers
Blacksun dedicated Internet and web hosting customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy.Blacksun dedicated Internet and web hosting customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Blacksun's network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Blacksun for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Blacksun's Acceptable Use Policy. Reasonable steps include, but are not limited to, using ip verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate.

Email
Sending unsolicited ("opt-out") bulk email is prohibited. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Blacksun, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to Customers or users who engage in the practice. Customers or users who send unsolicited bulk email from Blacksun accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $500. Customers or users who send bulk email to "opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. The following actions are likewise prohibited:

  • Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
  • Using email to disrupt (e.g., mail bombing, "flashing," etc.) is prohibited.
  • Sending email with falsified header information.
  • Sending email with falsified or obscured information (e.g., encoded or "obfuscated URLs") designed to hinder identification of the location of what is advertised.
  • Creating or forwarding chain letters, pyramid schemes, and hoaxes
  • Using the Blacksun or customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider.

Routing Protocols and Route Exchange
In the event the Blacksun identifies the customer is sending excessive or unnecessary route publications, Blacksun reserves the right to limit the number or routes that will be accepted.

Digital Millennium Copyright Act Policy
It is the policy of Blacksun to respond expeditiously to claims of intellectual property infringement. Blacksun will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Blacksun will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Blacksun will terminate access for Customers who are repeat infringers. For our Webhosting customers, you must adopt and implement a Digital Millennium Copyright Act policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:

  • electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of claimed infringement should be directed to [email protected]. When Blacksun removes or disables access to any material claimed to be infringing, Blacksun may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. Blacksun will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Blacksun replaces or restores access to any material as a result of any counter notification.

Internet Relay Chat
Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited.

Servers and Proxies
Users may not run on Blacksun servers any program which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. A dedicated hosting account and/or colocation account is required for such purposes. Customers are responsible for the security of their own networks and machines. Blacksun will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer's system or account may result in suspension of services or account access by Blacksun, for example, if a system is abused after becoming infected with Back Orifice or the NetBus trojan horse programs as a result of an Internet download or executing an email attachment. (See www.nwi.net/~pchelp/bo/bo.html ) Any programs, scripts, or processes which generate excessive server load on Blacksun servers are prohibited and Blacksun reserves the right to terminate or suspend any such program, script, or process.

Unsolicited Bulk Email Support Services and Email Address Harvesting
Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.

Referral ID Services
Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Blacksun. Customers must be able to provide visible evidence from the UBE-advertised link that a member of their referral ID service has had their membership terminated.

Storing files
The storage of any program, utility or file on Blacksun's servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Blacksun's servers.

How to Contact Us
To contact us with questions or comments regarding this Acceptable Use Policy or claimed violations of this Policy, please email [email protected]

 
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