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FillmoreSlim · 06-21-2003, 12:20 PM

Check out the OPTIGATE Acceptable Use Policy...lets hope they enforce it.

The Internet can be compared to a toll superhighway where we pay to access and use a shared, pooled resource. We all must abide by certain rules in order for that resource to operate effectively and without chaos.

As a Tier One Provider OptiGate endorses and agrees to operate under certain rules and policies long established and shared by those companies operating at our core level. Many of those rules involve our monitoring and controlling our customers to prevent actions that would be disruptive to the Internet as a whole, or that would disturb the peaceful use of the Internet by other customers. To that end all operating companies are expected to have a firm Acceptable Use Policy, violation of which can cause a customer or user's privilege to be suspended.

The following is Optigate's Acceptable Use Policy:

The use of OptiGate Networks, Inc. facilities by any customer must be consistent with this Acceptable Use Policy.

The account holder is responsible for the actions of account users. The ultimate responsibility for traffic that does or does not conform to this policy is with the account holder who originates that traffic and all consequences lie with that individual. OptiGate Networks, Inc. cannot and will not assume any responsibility for information transferred by anyone other than an owner, agent, or employee of OptiGate Networks, Inc.

The following are unacceptable use of OptiGate Networks, Inc. resources:

It is not acceptable to use OptiGate Networks, Inc. for any purposes, which violate local, state, U.S. or International law.
It is not acceptable to use OptiGate Networks, Inc. in such a way as to interfere with or disrupt this or any other network's users, services or equipment. Such interference or disruption includes, but is not limited to:
· distribution of unsolicited advertising or SPAM.
· Propagation of computer worms or viruses.
· Using the network to make, or to attempt to make, unauthorized entry to other computing, information, or communications devices or resources.
· Mail abuse (including, but not limited to, mass mailing unsolicited e-mail and e-mail forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at OptiGate Networks, Inc. or sent via OptiGate Networks, Inc.
· use of OptiGate Networks, Inc.'s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, e-mail bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks.
· Any use which interferes with the server's ability to function in its primary purpose of publishing web documents and/or providing storage and communications services for its customers.
· Any use which exceeds the contracted traffic or storage commitments purchased by the user.
· Storage of, or transmission of, data which is not legal under any applicable US law. The account holder is solely responsible for determining the legality of all data which is stored or transmitted by them.

OptiGate Networks, Inc., or a party designated by OptiGate, will review any alleged violation of this Acceptable Use Policy on a case-by-case basis. Violations of the policy that are not promptly remedied by the relevant customer may result in the expulsion of the customer from OptiGate Networks, Inc. and termination of all OptiGate Networks, Inc. services, and forfeiture of all monies paid to OptiGate Networks, Inc. to date. OptiGate Networks, Inc. reserves all rights to determine violations and corrective actions.

Should any account holder become the target of a network attack or other misuse of the network, OptiGate Networks, Inc. reserves the right to take any necessary actions (including, but not limited to, temporary suspension of any account holder's account) required to return the network operation to normal.

OptiGate Networks, Inc. will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.

Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, use of OptiGate Networks, Inc. services, including the storage of information, is at the account holder's sole risk. OptiGate Networks, Inc. does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free.

Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, OptiGate Networks, Inc.'s services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither OptiGate Networks, Inc. nor anyone else involved in creating, producing, or delivering OptiGate Networks, Inc. services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of OptiGate Networks, Inc., the inability to use OptiGate Networks, Inc., or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.

The account holder agrees to indemnify and hold harmless OptiGate Networks, Inc. against any loss, damage, cost and expense which OptiGate Networks, Inc. may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of OptiGate Networks, Inc.'s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.

Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, OptiGate Networks, Inc. may terminate service to the account holder at any time, without notice, for violation of this agreement. OptiGate Networks, Inc. will not be liable for any damages or harm to the account holder resulting from such termination.

Use of an OptiGate Networks, Inc. account indicates acceptance of the terms of this agreement by the account holder.

This agreement shall be governed by and construed in accordance with the laws of the State of California, USA. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

This policy is effective beginning February 2, 2000. OptiGate Networks, Inc. reserves the right to modify this policy at any time. For further information regarding this policy contact us: 800-304-9299

06-21-2003, 12:20 PM
FillmoreSlim Confirmed User Join Date: May 2003 Location: streetz Posts: 1,236	Check out the OPTIGATE Acceptable Use Policy...lets hope they enforce it. The Internet can be compared to a toll superhighway where we pay to access and use a shared, pooled resource. We all must abide by certain rules in order for that resource to operate effectively and without chaos. As a Tier One Provider OptiGate endorses and agrees to operate under certain rules and policies long established and shared by those companies operating at our core level. Many of those rules involve our monitoring and controlling our customers to prevent actions that would be disruptive to the Internet as a whole, or that would disturb the peaceful use of the Internet by other customers. To that end all operating companies are expected to have a firm Acceptable Use Policy, violation of which can cause a customer or user's privilege to be suspended. The following is Optigate's Acceptable Use Policy: The use of OptiGate Networks, Inc. facilities by any customer must be consistent with this Acceptable Use Policy. The account holder is responsible for the actions of account users. The ultimate responsibility for traffic that does or does not conform to this policy is with the account holder who originates that traffic and all consequences lie with that individual. OptiGate Networks, Inc. cannot and will not assume any responsibility for information transferred by anyone other than an owner, agent, or employee of OptiGate Networks, Inc. The following are unacceptable use of OptiGate Networks, Inc. resources: It is not acceptable to use OptiGate Networks, Inc. for any purposes, which violate local, state, U.S. or International law. It is not acceptable to use OptiGate Networks, Inc. in such a way as to interfere with or disrupt this or any other network's users, services or equipment. Such interference or disruption includes, but is not limited to: · distribution of unsolicited advertising or SPAM. · Propagation of computer worms or viruses. · Using the network to make, or to attempt to make, unauthorized entry to other computing, information, or communications devices or resources. · Mail abuse (including, but not limited to, mass mailing unsolicited e-mail and e-mail forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at OptiGate Networks, Inc. or sent via OptiGate Networks, Inc. · use of OptiGate Networks, Inc.'s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, e-mail bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks. · Any use which interferes with the server's ability to function in its primary purpose of publishing web documents and/or providing storage and communications services for its customers. · Any use which exceeds the contracted traffic or storage commitments purchased by the user. · Storage of, or transmission of, data which is not legal under any applicable US law. The account holder is solely responsible for determining the legality of all data which is stored or transmitted by them. OptiGate Networks, Inc., or a party designated by OptiGate, will review any alleged violation of this Acceptable Use Policy on a case-by-case basis. Violations of the policy that are not promptly remedied by the relevant customer may result in the expulsion of the customer from OptiGate Networks, Inc. and termination of all OptiGate Networks, Inc. services, and forfeiture of all monies paid to OptiGate Networks, Inc. to date. OptiGate Networks, Inc. reserves all rights to determine violations and corrective actions. Should any account holder become the target of a network attack or other misuse of the network, OptiGate Networks, Inc. reserves the right to take any necessary actions (including, but not limited to, temporary suspension of any account holder's account) required to return the network operation to normal. OptiGate Networks, Inc. will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories. Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, use of OptiGate Networks, Inc. services, including the storage of information, is at the account holder's sole risk. OptiGate Networks, Inc. does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, OptiGate Networks, Inc.'s services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither OptiGate Networks, Inc. nor anyone else involved in creating, producing, or delivering OptiGate Networks, Inc. services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of OptiGate Networks, Inc., the inability to use OptiGate Networks, Inc., or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement. The account holder agrees to indemnify and hold harmless OptiGate Networks, Inc. against any loss, damage, cost and expense which OptiGate Networks, Inc. may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of OptiGate Networks, Inc.'s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement. Except as otherwise specifically provided in written agreements between the account holder and Optigate Networks, Inc, OptiGate Networks, Inc. may terminate service to the account holder at any time, without notice, for violation of this agreement. OptiGate Networks, Inc. will not be liable for any damages or harm to the account holder resulting from such termination. Use of an OptiGate Networks, Inc. account indicates acceptance of the terms of this agreement by the account holder. This agreement shall be governed by and construed in accordance with the laws of the State of California, USA. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void. This policy is effective beginning February 2, 2000. OptiGate Networks, Inc. reserves the right to modify this policy at any time. For further information regarding this policy contact us: 800-304-9299 __________________ New and Improved Chameleon Submitter 2.0 - Submit to TGP and MGP sites - GET YOURS TODAY! Last edited by FillmoreSlim; 06-21-2003 at 12:32 PM..