IMPORTANT NOTICE: *All Payments To Tulip Systems Are
Non-Refundable*
Tulip Systems' Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what Tulip Systems expects of
them while using the service. All users of Tulip Systems' 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 Tulip Systems’s
Service constitutes acceptance and agreement to Tulip Systems' AUP as well as
Tulip Systems' TOS (Terms of Service)
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. Tulip Systems 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 Tulip Systems account or
other actions as detailed in Section 3 WITHOUT
PRIOR NOTICE.
This document is intended to provide a basic understand of Tulip Systems'
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of Tulip Systems' 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
Tulip Systems intends to provide its customers access to everything the
Internet has to offer. While Tulip Systems is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both Tulip Systems and the Internet and cannot be permitted under
the guise of free speech. The resources of Tulip Systems 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 server or virtual site to publish material,
which Tulip Systems 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 Tulip Systems 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
at [email protected].
VIOLATIONS OF Tulip Systems’
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Tulip
Systems' services may not be used for illegal purposes, or in support of
illegal activities. Tulip Systems reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
2. Harm to minors:
Use of the Tulip Systems service to harm, or attempt to harm, minors in any
way, including, but not limited to child pornography.
3. Threats: Use of
the Tulip Systems service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or destruction
of property.
4. Harassment: Use of
the Tulip Systems service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
5. Fraudulent activity:
Use of Tulip Systems 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."
6. 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 information is prohibited.
The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the
Tulip Systems 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 Tulip Systems account.
IMPORTANT NOTICE:
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.
8. 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 Tulip Systems
account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission,
originating or passing through the Tulip Systems service is in violation of
this AUP.
10. Usenet SPAMing:
Tulip Systems 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.
11. Unauthorized access:
Use of the Tulip Systems service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of Tulip Systems' 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 Tulip Systems account is subject to immediate termination.
12. Copyright or trademark
infringement: Use of the Tulip Systems service to transmit any
material (direct transfer, by e-mail, uploading, posting, hot linking, directly
linking 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.
13. Collection of personal data:
Use of the Tulip Systems service to collect, or attempt to collect, personal
information about third parties without their knowledge or consent.
14. Network disruptions and
unfriendly activity: Use of the Tulip Systems service for any
activity which affects the ability of other people or systems to use Tulip
Systems’ 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. Tulip Systems 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.
15. Net Send Spam:
The use of the net send utility to send unsolicited bulk communication is
prohibited. This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including termination of
service.
16. Fraud: Involves a
knowing misrepresentation or misleading statement, writing or activity made
with the intent that the person receiving it will act upon it.
17. Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution/Transmission and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
18. 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.
19. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection,
i.e. pinging, while using Tulip Systems’ services could result in
suspension service.
20. Third Party Accountability:
Tulip Systems’ 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.
21. Violation of Tulip Systems’
Virtual Accounts: It is absolutely forbidden to host IRC
servers on Virtual Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without refund.
22. 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.
23. Peer to Peer Software (File
Sharing): The use of Peer to Peer or file sharing software to
permit the sharing, copying or distribution of unauthorized copyrighted
material on the Tulip Systems service is prohibited. Use of such software could
result in suspension of service.
Security
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. Tulip Systems 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 violations.
Network Performance
Tulip Systems 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 your account.
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 Tulip
Systems’ systems or networks. Tulip Systems reserves the right to
terminate or limit such activities.
REPORTING VIOLATIONS OF Tulip
Systems' AUP
Tulip Systems requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at [email protected].
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. Tulip Systems may take any one or more of the following actions in
response to complaints:
• 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 reactivation
charges
• Bring legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE
POLICY
Tulip Systems 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).