The Final Word In Server Solutions!

 

These are the Acceptable Use Policies (AUP)
of Omega Network Services, Inc. (ONSI).

All customers of ONSI agree to abide by these policies.
ONSI reserves the right to change and update these policies as it,
at its sole discretion, deems necessary.

 


Introduction

The primary purpose of ONSI is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is ONSI's intention to allow its customers complete access to everything the Internet has to offer, with little or no interference from ONSI.

Unfortunately, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for a Domain Server Provider, such as ONSI, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because ONSI operates multi-user systems, actions of one ONSI customer can have a severe impact on another customer's ability to use the system(s). This is unfair to all ONSI users.

Because of this, ONSI has developed these Acceptable Use Policies. They are intended to inform ONSI's Customers of what ONSI considers to be acceptable conduct in relation to the Internet, and to inform Customers of what actions ONSI may take, with or without notice, in the event that ONSI becomes aware of inappropriate use of ONSI's service. This AUP will be used to help ONSI system administrators deal with complaints from users of this or other Internet-connected systems, and to determine when and what action should be taken. It is expected that all ONSI Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of ONSI's technical resources, ability to continue to provide high quality service to its customers, and the protection of ONSI's reputation as a service provider.


ACCESS TO ONSI's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties and Disclaimers

ONSI service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to ONSI or any information or software therein. The Customer releases ONSI from and ONSI shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by Customer in connection with Customers use of or inability to use the ONSI services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by ONSI's own negligence. Without limiting the generality of the foregoing, ONSI disclaims to the full extent permitted by applicable law any and all responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and/or services available on or through the Internet or the ONSI services. In no event shall ONSI's aggregate liability exceed the amount paid by the Customer to ONSI for the ONSI services. Use of any information obtained via ONSI's Internet service is at the Customer's own risk. ONSI specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. ONSI will suspend access or change access to Customer's account(s) immediately upon notification that Customer's password has been lost, stolen or otherwise compromised. ONSI is not liable for any usage and/or charges prior to ONSI making the necessary account alteration. Electronic mail on this system is as private as we can make it. ONSI's customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

ONSI is not responsible for any Customer's personal files residing on ONSI. Customer is responsible for independent backup of the Customer's data that is stored on ONSI. ONSI reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between OMSI and the Customer.

4. Non-Transferability of Account

The right to use ONSI's Internet service is not transferable. Use of ONSI accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by ONSI (i.e., IP addresses and Class C address space) are the property of ONSI and are considered to be licensed to its Customers. In the event service with ONSI is discontinued for any reason, the ownership of such addresses will revert to ONSI. If a Customer of ONSI participates in a service of ONSI which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by ONSI.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Texas, and the Customer's locale. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on ONSI's service through Customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on ONSI. The Customer shall defend, indemnify and hold harmless ONSI from and against any claims, liabilities and/or expenses, including attorney fees, resulting from any Customer's use of the ONSI service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with ONSI or ONSI's Acceptable Use Policies. At ONSI's discretion, ONSI may revoke any Customer' access to ONSI services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by ONSI and may result in termination of Customer's account(s) if the investigation determines Customer has originated or transmitted this type of traffic. In addition, ONSI reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a ONSI Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off -topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than ONSI and using an account on ONSI as a mail drop for responses, or to draw attention to a web site housed within ONSI''s networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by ONSI.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express written consent of the user.

(h) Use of IRC bots or clonebots on ONSI, whether on IRC servers controlled by ONSI or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, and automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of ONSI's systems or network connections or which adversely affect the ability of other people or systems to use ONSI's services or the Internet, including, but not limited to:

  1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other ONSI system;
  2. any use of this or any other ONSI system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the State of Texas.

8. Excess Utilization of System or Network Resources

ONSI account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that Customer. In the event ONSI determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours following such notification, the Customer may be requested to upgrade to a web hosting service agreement consistent with such bandwith use or to modify their activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by ONSI to adversely affect ONSI's ability to provide service for other Customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to ONSI's Internet service must comply with the rules for that other network as well as with ONSI's rules.

10. Monitoring/Privacy

ONSI reserves the right, but does not assume the duty, to monitor any and all communications through or with ONSI facilities. Customer agrees that ONSI is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for ONSI employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. ONSI also reserves the right to access a Customer's mailbox or other files stored on ONSI systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

ONSI reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

ONSI will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that ONSI's judgment as to the validity of any court order or subpoena shall be considered proper and final.

13. ONSI's Right to Suspend or Cancel Account

ONSI reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services rendered or by sole judgment of ONSI that the Customer may be performing activities harmful to ONSI or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

ONSI reserves the right to collect damages (software, hardware and man hours) if any harm is done to ONSI which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit the actions ONSI may take or remedies available to ONSI in any way with respect to any of the described conduct. ONSI reserves the right to take any additional actions ONSI may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the ONSI service, and levying cancellation charges to cover ONSI's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, ONSI reserves at all times all rights and remedies available to ONSI with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and ONSI reserves the right to enforce any such policy or rule at its sole discretion.

16. ONSI's Right to Change Service

ONSI reserves to right to change without notice the service provided, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. ONSI's Right to Modify its Acceptable Use Policies

ONSI may modify its Acceptable Use Policies upon notice published online via ONSI. Customer's use of ONSI's services after such notice shall constitute Customer's acceptance of the modifications to these policies.