Acceptable Use Policy
Last revised May 12, 2004 (Rev 2.3.6)
This document describes the agreement between Tellurian Networks Inc. (hereinafter referred to as "TN") and customers who use TN's services (hereinafter referred to as "Customer(s)"). All Customers must adhere to the rules below in order to use and enjoy and allow others to use and enjoy the use of TN's services. Use of TN's services and/or connections implies acceptance of this agreement.
Tellurian Network's goals are to protect network resources, preserve the privacy and security of TN and Customers' networks, and maximize the utility of TN and the Internet, while recognizing TN's position in the Internet community as a whole.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. TN reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Copyright, Privacy, and Intellectual Property
Using a TN connection to commit, aid or abet any violation of copyright or intellectual property law is prohibited.
E-Mail may pass through multiple mail servers on the Internet as it passes from source to destination. Customer can never be guaranteed privacy from every possible mail server. Any Customer seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to TN's mail servers, TN places a high value on privacy, and will only examine Customer's email when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.
TN hates junk (e)mail! "spam" email is the bane of the Internet. TN refuses to add to this illegitimate use of the Internet. Customer's email address(es) and/or personal information will NEVER be offered for sale or for commercial distribution by TN to third parties for any reason.
As with all other telephone calls, any local, long distance, or other toll charges are the sole responsibility of the Customer. It is the Customer's responsibility to ascertain the toll-free nature (if any) of any phone calls to TN. In no event will TN be liable for ANY connection, toll, long distance, message unit, or other charges of any nature.
No-Busy Signal Policy
TN's goal is for customers to never encounter busy signals. Other ISPs consider some level of busy signals to be acceptable and many operate their network(s) at 100% of capacity. The TN "No Busy Signal" policy attempts to eliminate busy signals by monitoring line usage and ordering additional phone lines when capacity usage approaches 90%. However, there are times of peak usage which may be unexpected and statistically rare. These peak periods are often caused by major political, social, or environmental events. These events are an exception and Customer may encounter busy signals during these times as a result. We order lines from many different phone companies and we are reliant on these suppliers to deliver lines in a timely fashion. Due to strikes, ineptitude, outages, fiber cuts, capacity planning, equipment problems, acts of god, etc. installation of these lines may be delayed. TN tries to account for these delays, but sometimes additional capacity is not delivered in time. When this happens, Customer may receive busy signals as a result. Often, different phone companies or communications carriers may experience capacity issues or outages within their own networks or between their networks and those of another communications provider. As a result of these phone company outages/issues, Customer may receive busy signals as a result. There is no compensation due to Customer by TN for busy signals.
Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.
TN reserves the right to block any and all access to foreign networks or foreign hosts for any period of time if TN deems such action necessary or in TN's best interest for any of the following reasons: the foreign network/host attempts to breach authentication or security measures of any kind, the network/host sends spam or unsolicited email to anyone at any time, the network/host provides connectivity or ancillary services (web hosting, mail drop, auto-responder, etc.) to a spam or unsolicited email sender or affiliated organization, any other reason which TN or TN's administration may see fit. TN reserves the right to choose at any time to which networks we connect and at what level. TN has no implied liability to transport packet(s) to any network(s) or host(s) as a result of accepting said packet(s). As of this writing, this blocking process is performed automatically by TN routers as a result of TN's participation in the Realtime Blackhole List. In the future, TN may add or remove whatever network protection systems TN's administration may see fit.
E-Mail and Usenet News
Using any TN account or server to send duplicative, unsolicited email messages (commercial or otherwise) also known as spam and/or to collect the responses from unsolicited email (spam) and/or using a TN server or bandwidth to host any page(s), or mailboxes, or autoresponders with any information regarding any item, service, or information advertised (aka: spamvertising) in a spam message is prohibited. TN reserves the exclusive right to make the determination whether a given message is spam. E-Mail is a person-to-person medium, not a broadcast medium. Broadcast email messages are spam!
Any Customer sending spam messages will be charged a processing fee of $100 per individual message sent to clean up servers, relations, and otherwise deal with the aftermath. Every individual recipient shall be considered a distinct and individual message. All Customers consent to this fee by use of any TN service or connection. In addition - if a Customer sends spam, as soon as TN is notified, Customer's account will immediately be terminated. Period. No second chances, no excuses. TN will provide NO REFUNDS whatsoever for any Customer account terminated due to a spam violation.
Similarly, using any TN account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.
TN reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases TN will defer to the judgment of the newsgroup or mailing list moderator or administrator.
Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
Conduct in connection with email or usenet news that is an obvious nuisance (such as spam) or that would be unlawful in other contexts (for example, threats, harassment, or software piracy) is prohibited.
Furthermore, any Customer connected to any TN connection is prohibited from running an open mail relay. To secure your mail server, see http://mail-abuse.org/tsi/
Deactivation of Service
TN reserves the right to suspend and/or disconnect service provided to Customer when in TN's sole judgement the continued use of Customer's connection poses a risk to TN systems, network, reputation, or goodwill and/or risks to other Internet users, hosts, or services. Some examples of reasons for suspension/disconnection may include, but are not limited to trojan, worm, or virus infections or otherwise compromised, hijacked, or improperly maintained and/or unpatched systems. TN reserves the sole right to determine the circumstances which warrant suspension or disconnection. When feasible, TN will make a reasonable attempt to inform Customer prior to disconnection and will advise Customer of steps needed to avert suspension/disconnection and/or to allow reinstatement or reconnection.
Forgery of Identity
Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
IRC (Internet Relay Chat)
Using programs that interfere with others' use, or running an IRC robot, on any IRC server is prohibited. When logged into any IRC server, users are expected to comply with the rules and policies established by the server's administrator. Furthermore - NO IRC servers are permitted anywhere on any TN or Customer network(s). IRC servers are inherently insecure and are often used to lauch distributed denial of service attacks against other servers and/or networks. The resulting retaliatory distributed DOS attacks can cripple TN's network and affect services provided to all customers. TN reserves the right to immediately end all services provided without refund if an IRC server is found on any customer machine or network.
TN bears certain legal liabilities for the use of its computer network and equipment. As such TN must require that its customers do not use TN's network for illegal purposes. When presented with a search warrant, TN is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage. However, TN recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore TN must make certain decisions regarding the illegality of various specific actions. Among the actions TN considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. TN believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
Cooperation with Other Providers
Using TN's facilities to engage in activities that violate the Terms of Service of any other network access provider is prohibited. For example, sending unsolicited commercial email through TN's facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial email is prohibited.
Consequences of Violation
Violation of this Policy by a TN customer may result in temporary suspension or permanent termination of service, at TN's sole discretion.
TN does not issue service credits for any outages incurred through service disablement resulting from policy violations.
TN reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
TN exercises absolutely no control over the content of the information passing through or contained on TN's system(s) or connection(s); TN only provides access. The Customer must take responsibility for Customer's actions on TN's system(s) and any system(s) Customer may access using TN's service. The Customer must comply with whatever rules or acceptable usage policies are in force for each system accessed. If the Customer acts irresponsibly or the Customer's actions endanger our systems, connections, or other customers' privileges, or if TN receives notice about such behavior TN may suspend Customer's access at any time, without notice.
It is the Customer's responsibility to actively avoid any content offensive to said Customer on any system that may be reached using access provided by TN. The Customer takes full responsibility for all statements made in email, chat or discussion forums and newsgroups.
The Internet and its users do not welcome unsolicited email (spam), multiple postings of the same information in newsgroups, advertising in most of the newsgroups (spam) or general disrespect for other users.
TN has a policy of total non-censorship, unless the information is illegal and/or clearly used for fraud. Content providers must clearly identify material unsuitable for minors and use appropriate rating systems to prevent access by minors. Parents and guardians are responsible for exercising control over minor's access and connection to information on the Internet.
Dial-Up accounts are for Customer's exclusive and individual use on only ONE computer (a laptop connection is allowed if used by the same Customer, provided that the desktop machine will not access TN concurrently); multiple concurrent logins of the same account are not allowed. TN will immediately terminate any account using multiple concurrent logins. No refund will be granted. For this reason Customer should protect account and password information in the same manner as Customer would protect any other personal resource such as a telephone calling card or credit card number.
No system has unlimited resources. TN expects Customers to act responsibly when using resources on our system. If a Customer consumes excessive resources on any TN system(s) or connection(s) we may suspend or cancel Customer's access at any time. Excessive resources are defined as more resources than one person could reasonably consume during an interactive session. If the Customer's access is suspended or cancelled by TN for excessive use of resources and/or irresponsible behavior or actions (to be determined solely by TN), Customer may be entitled to the return of prepaid access fees on a prorated basis at the sole discretion of TN.
Unlawful or Unauthorized Usage
TN's network of information services may only be used for lawful purposes. Transmission of any material in violation of any State or Federal legislation is prohibited. This includes copyrighted material, material legally determined to be threatening and material protected by trade secret.
Any attempt by the Customer to access or modify any computer system information that said Customer is not authorized to access, or any attempt to interfere with normal system operations, whether on the equipment of TN, or of any computer systems, or networks that can be accessed by TN's services, will result in immediate suspension of Customer's access. Unauthorized activities include guessing or using passwords other than those belonging to the Customer, accessing information that does not have public permission, and accessing any systems on which Customer is not an authorized user.
TN cooperates fully with government entities with proper jurisdiction and authorization while investigating unlawful activity on or via our systems or connections. TN will seek damages for any incidents of unlawful or unauthorized usage of our systems or connections.
Termination of Service
When any dedicated access (T3, T1, DSL, or Colocation) account is canceled with 30 days advance written notice by the Subscriber and the account is in good standing when canceled, a pro-rated refund less any termination fees and/or penalties and/or telephone company charges will be issued within 60 days via the same method of customer payment. Any Customers with a dedicated access account may be charged an early termination penalty as stipulated in the Customer's contract or listed on www.tellurian.com - whichever fee is lower shall apply. No refunds will be issued for dialup services. Prepurchase of dialup service from TN entitles the Customer to use service for the full period of payment whether or not service is used. All Customer email accounts, email messages, and web pages will be deleted immediately upon account termination. When an account is canceled by TN for non-payment, violation of any or all of the terms above, or for any other reason at our sole discretion, no refund will be given and all Customer email accounts, email messages, and web pages may be deleted immediately.
Account Billing & Cancellation
Invoices are sent via postal mail or via email a minimum of 30 calendar days before the due date. Automatic credit card Customers will be charged no more than 5 days before the invoice due date and an email receipt will be sent to the Customer's administrative email address. Two days before the due date, the Customer's administrative email address will begin to receive daily messages about pending automatic suspension of TN services. When any account is past due for a period of more than 7 days, TN may discontinue or suspend Customer's service for non-payment. If payment is not received within 7 days after the due date of any invoice, TN is authorized to charge Customerís credit card on file for the full amount of any invoice due. A reconnection fee equivalent to the current installation/setup fee will be assessed and must be paid before account is reactivated. Discounted setup charges or other discounts as a result of any promotion(s) or special offer(s) may not be applied to service reconnection fees. After Customer's service is suspended for non-payment, a security deposit may be required (solely at the discretion of TN) to reactive service. There will be no refund or credit by TN to Customer for the time period for which service is suspended. Customer will continue to be billed and is liable for all TN and communication/phone company charges until service is permanently disconnected which will happen 30 days after suspension of service. When service is permanently disconnected for non-payment, the full amount due under Customerís contract or initial term will immediately be sent to collections and Customer will be liable for all legal and collections fees in addition to all service fees, early disconnection fees, and phone/communication company disconnection charges. To cancel a TN account Customer must have fulfilled all of Customerís obligations under Customerís contract to TN. Customerís obligations under all contracts include payment for all services requested by Customer and made available to Customer regardless of the use or non-use of said services. TN will only cancel an account when Customerís contractual obligations are fulfilled and TN is notified in writing at least 30 days BEFORE the end of the contract period. All Customer accounts will renew automatically for the same time period as the initial contract period unless both TN and Customer agree to change the contract period in writing at least 30 days before the renewal of Customerís contract. Customers without a written contract are bound by the current TN terms and conditions usage policy. The terms and conditions specified in this document are subject to change from time to time without notice, however all changes will be posted to http://www.tellurian.com/usagepolicy.asp which will always contain the current version.
Quality Assurance Records
All customer and prospective customer interactions with TN staff via phone, email, instant messenger, or other technology which may be used for communications are recorded and periodically reviewed for quality assurance and review purposes.
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