Acceptable Use Policy

The purpose of this Acceptable Use Policy (AUP) is to enhance the quality of the Services and to protect Applied Operations (known as AO) customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of AO Customer equipment. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors while using the Internet. Parents and guardians should remain aware at ALL TIMES of what is on the Internet and how the minors under their care are using the Services and the Internet.

I) Prohibited Uses

A. Utilize the Services to send mass unsolicited e-mail (UCE) to third parties.

B. Utilize the Services in connection with any illegal activity.

Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
(ii) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
(iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.
(iv) Utilize the Services in any manner that violates applicable law.

C. Utilize the Services in connection with any tortious or actionable activity.

Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
(ii) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

D. Utilize the Services in connection with any other disruptive or abusive activity.

Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to cause denial of service attacks against AO or other network hosts or Internet users or to otherwise degrade or impair the operation of AO servers and facilities or the servers and facilities of other network hosts or Internet users.
(ii) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any AO systems, facilities or equipment.
(iii) Utilize the Services to gain unauthorized access to the computer networks of AO or any other person.
(iv) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
(v) Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
(vi) Utilize the Services to distribute Virii and Trojan Horse Software.
(vii) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
(viii) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
(ix) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
(x) AO has no restrictions on content. Adult materials, legal MP3s, and games are permitted. Streaming is permitted on specified servers only, or for customers paying for bandwidth via 95th percentile. However, customers are explicitly prohibited from distributing pirated software (also known as "warez") and child pornography.
(xi) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons. EG: DOS Attacks
(xii) Operate a mailing list without providing susbscription management information in each email.

E. Email Marketing and Associated services are strictly prohibited.

F. BitTorrent is explicitly prohibited unless a waiver is obtained.

G. Utilize the Services in a manner that Violates the laws of the state of California.

H. Utilize the Services in a manner that Violates the laws of the United States of America.

II) Violations

AO expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. AO has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

A. Reporting Non-Copyright Violations. AO encourages Users to report violations of this policy by e-mail to: abuse @ appliedops.net, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

B. Reporting Copyright Violations. AO complies with the Digital Millennium Copyright Act ("DMCA"). AO encourages Users to report an alleged copyright infringement involving a user by sending a notice to: copyright @ appliedops.net

C. If AO learns of a violation of this Policy, AO will respond to the customer and may, in AO sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

(i) Warning the Customer.
(ii) Suspending the offending Customer from the Services.
(iii) Terminating the offending Customer from the Services.
(iv)Impose fees or charges on the offending Customer account in accordance with the applicable service contract.
(v) Removing the offending content.
(vi) Taking other action in accordance with this Policy, the applicable service contract or applicable law.

III) Customer notification and Appeal

AO may or may not notify the customer of a complaint made against them. Upon notification, the customer can appeal the complaint by providing the following information:

The Identity of the individual that originated the problem
The logs from the misconfigured software
The date, time, and IP of subscription (for mailing lists).
Other causes of the problem

If the customer does not provide the information within 24 hours of notification, the customer is subject to penalties and disconnection or disruption of services.

IV) Reservation of Rights

AO reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving AO Services, Customers and other Users. AO reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.