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This Acceptable Use Policy ("AUP") sets forth provisions of acceptable use of SAVVIS networks and services. All users of SAVVIS networks and services are required to comply with this policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by SAVVIS. SAVVIS strives to provide its customers with the highest quality Internet service available, while at the same time respecting the standards that have been created both within the Internet community, and by legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated on SAVVIS networks. SAVVIS reserves the right to modify this AUP from time to time, without notice. Users of SAVVIS networks are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to mailto: abuse@SAVVIS.net.

COMPLIANCE

Duties

Each user is responsible for complying with this AUP, and for providing assistance to SAVVIS in investigating and resolving any issue, as SAVVIS may request from time to time. Additionally, SAVVIS customers and users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s) which their data transits.

Users will be held responsible for the actions of any third party agent that acts on behalf of, or for the benefit of, any end user, and such end users shall be held directly accountable for any violations of this AUP by third party agents.

SAVVIS does not control the content of data traversing SAVVIS networks; accordingly, SAVVIS assumes no responsibility for the content of any data or communication that may be transmitted over SAVVIS networks.

Illegal Use

SAVVIS' Networks may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

  • Infringes any copyright, trademark, trade secret, or other
    intellectual property right.

  • Violates export control laws or regulations.

  • Violates any party's confidentiality rights.

  • Constitutes use or dissemination of child pornography.

  • Is illegal or unlawful.

Abuse

The following general actions are considered "abuse" and are strictly
prohibited:

  • Any conduct which is inconsistent with generally accepted norms
    and expectations of the Internet community (whether or not detailed in this AUP). SAVVIS reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.

  • IRC functions prohibited
    This included, but not limited to, the use of IRC clients, server software, bots or anything related to IRC..

  • Using SAVVIS networks to transmit material that SAVVIS believes
    to be illegal, obscene, or inappropriate. Including but not limited to, Child Pornogrophy, Spam, Warez, Hacking, Copyrighted Material.

  • Forging of message headers or identity information, or taking
    any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services.

  • Falsifying identity or contact information (whether given to
    SAVVIS, to the InterNIC, or other parties).

Security

Users of SAVVIS networks must configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, the user is responsible for immediately re-configuring the system to prevent further unauthorized use.

Users are prohibited from interfering or attempting to interfere with services ("Denial of Service Attacks"), whether intentionally or through neglect, of any other user, host, or network. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibility of every user: anti-virus software should be installed on every system which connects to SAVVIS networks.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into SAVVIS networks, for instance in the form of incorrect routing or DNS information.

E-Mail

Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail"). Users are strictly prohibited from engaging in any of the following activities:

  • Sending unsolicited mass or commercial e-mail ("spamming") for
    any purpose whatsoever.

  • Having third parties send out commercial emails on any user's
    behalf .Using SAVVIS facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts).

  • Configuring any email server in such a way that it will accept
    third party emails for forwarding (commonly known as an "open mail relay"). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user
    identification and authorization.

Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by SAVVIS.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide SAVVIS with such records upon request of SAVVIS. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

In the absence of positive, verifiable proof to the contrary, SAVVIS considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

Usenet (also known as Netnews or Newsgroups)

SAVVIS recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups. All Usenet guidelines and restrictions are incorporated herein by reference, and users of SAVVIS networks agree to adhere to such guidelines unconditionally.

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

  • Making any posting for commercial purposes (including without
    limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup.

  • Posting binary files to newsgroups whose charter or name does
    not include allowances for such files.

  • Canceling newsgroup postings other than your own, or using
    auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties).

  • "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting"
    (EMP), or "Usenet spam": SAVVIS retains the exclusive right to define these and other terms, however, we generally defer to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html

  • Disrupting newsgroups with materials, postings, or activities
    that are (as determined by SAVVIS in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.

  • Performing any unauthorized creation, cancellation, or removal
    of newsgroups.

The legitimacy of a given post or cancellation is generally determined by the official newsgroup or mailing-list moderator, therefore, SAVVIS usually defers to their judgment on these issues, however, SAVVIS retains the exclusive right to make these determinations.

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