Sirius Computer Solutions, LLC. Supplemental Terms and Conditions: Internet Bandwidth Services

ACCEPTABLE USE POLICY – Compliance with Law

Sirius Computer Solutions, LLC. (“Sirius”) agrees to provide, and Customer agrees to use Internet Bandwidth Services, only for lawful purposes, in compliance with all applicable laws. Customer shall not post, transmit, retransmit or store material on or through any of the Internet Bandwidth Services that: (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) threatening, obscene, indecent , defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”); or (iii) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Client.

Principles and Guidelines

This Acceptable Use Policy (“AUP”) identifies certain actions that Sirius considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, Customer may only use Sirius’s Internet Bandwidth Services in a manner that, in Sirius’s sole judgment, is consistent with the purposes of the Internet Bandwidth Services. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of the Internet Bandwidth Services as described below are expressly prohibited:

Prohibited Actions: General Conduct

• Transmission, distribution or storage on or through any of Sirius’s systems, services, or products any material that is, in Sirius’s sole discretion, unlawful, obscene, threatening, abusive, slanderous, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national or international law.
• Threatening harm to persons or property or otherwise harassing behavior.
• Transmission, distribution, or storage of any information, data or material in violation of United States or state regulations or law, or by the common law.
• Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
• Actions that restrict or inhibit any Person, whether a customer of Sirius or otherwise, in its use or enjoyment of any of Sirius’s systems, services or products, or ability to connect to the Internet or provide services to Internet users.
• Deceptive on-line marketing practices.
• Violating US export control laws for software or technical information.
• Misrepresenting or fraudulently representing products/services using Customer’s account.
• Facilitating, aiding, or encouraging any of the above activities, whether using Sirius’s network or service by itself or via a third party’s network or service.
• Attempts to use the Internet to publicly slander Sirius or any upstream provider.
• Any other act deemed inappropriate Internet etiquette.

Prohibited Actions: System and Network Security

• Customer is prohibited from utilizing Sirius services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
• Attempting to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
• Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which user is not an intended recipient or logging onto a server or account that user is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to “crash” a host.
• Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s terminal session, by any means, locally or by the Internet.
• Executing any form of network monitoring which will intercept data not intended for user.
• Attempts to interfere with or deny service to any user or any host.
• Use or distribution of tools designed for compromising security.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Prohibited Actions: E-Mail

• Use of distribution lists via unsolicited electronic mail or other mass electronic mails is strictly prohibited.
• Harassment, whether through language, frequency, or size of messages, is prohibited.
• Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (“e-mail spam”). Users are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the user must not send that person any further e-mail. Mail sent to persons that have explicitly requested said mail must be in compliance with all applicable state and Federal laws.
• Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings.
• Malicious e-mail, including, but not limited to, “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail).
• Unauthorized use of or modifying/forging mail header information.
• Using a Sirius or a Customer account to collect replies to messages sent from another provider.
• Use of unsolicited e-mail originating from the Sirius network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Sirius, or connected via the Sirius network.
• Willful failure to secure open SMTP ports so as to prevent the unauthorized use of Customer resources for the purposes of sending unsolicited e-mail by a third party.

Violation

Sirius Computer Solutions, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. Sirius may block access at the router level to Customer’s Equipment involved. If Sirius believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to the equipment, and the suspension or termination of Customer’s Services under this Agreement. Sirius may involve and will also fully cooperate with law enforcement authorities (including compliance with court orders) in investigating suspected lawbreakers. Sirius reserves the right to deactivate Customer’s Services if both of the following conditions occur: a) Sirius receives 5 or more unsolicited email complaints in any 24-hour period, and b) Customer refuses to or otherwise does not demonstrate to Sirius that reasonable efforts have been taken to stop the sending of such emails.
Sirius reserves the right to modify this AUP at any time without notice and any such modification shall be automatically effective.