5x.net's Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear understanding of what
5x.net
expects of them while using the service. All users of 5x.net's
Internet services: those who access some of our Services but do not have
accounts, as well as those who pay a service fee to subscribe to the
Services, must comply with this AUP and our TOS (Terms of Service).
Use of 5x.net Service constitutes acceptance and agreement to 5x.net's
AUP as well as 5x.net's TOS (Terms of Service)
IMPORTANT NOTICE:*All Payments To
5x.net
(Vineyard Media)
Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet
and do not actively monitor subscriber activity under normal
circumstances. Similarly, we do not exercise editorial control over the
content of any web site, e-mail transmission, newsgroups, or other
material created or accessible over or through the services, except for
certain proprietary Web sites. However, in accordance with our TOS (Terms
of Service), we may remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may violate this AUP.
5x.net
may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or immediate
termination of either your 5x.net account or other actions as
detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of 5x.net's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of 5x.net's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as
the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free
expression and exchange of information
Preserve the privacy and security of individual users
The 5x.net intends to provide its customers access to everything
the Internet has to offer. While the 5x.net is firmly committed
to the principles of free speech, certain activities that may be damaging
to the resources of both the 5x.net and the Internet and cannot
be permitted under the guise of free speech. The resources of the 5x.net
and the Internet are limited, and abuse of these resources by one user has
a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of billing records.
However, in our efforts to promote good citizenship within the Internet
community, we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your virtual site to publish material, which 5x.net
determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to
all forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
If a 5x.net account is used to violate the Acceptable Use Policy
or our TOS, we reserve the right to terminate your service without
notice. We prefer to advise customers of inappropriate behavior and
any necessary corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please
contact us at
abuse@5x.net
VIOLATIONS OF 5x.net ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: 5x.net's services may not be used for
illegal purposes, or in support of illegal activities. 5x.net reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil
wrongdoing.
Harm to minors: Use of the 5x.net service to harm,
or attempt to harm, minors in any way, including, but not limited to
child pornography.
Threats: Use of the 5x.net service to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
Harassment: Use of the 5x.net service to transmit
any material (by e-mail, uploading, posting or otherwise) that
harasses another.
Fraudulent activity: Use of 5x.net service to make
fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain
letters."
Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying infrmation is prohibited. The use
of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the 5x.net service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of
the offending 5x.net account.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their server
immediately removed from our network. The server will not be
reconnected until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and
agree to allow us access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network without
notice.
E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending 5x.net account.
E-mail / Message Forging: Forging any message header, in part
or whole, of any electronic transmission, originating or passing
through the 5x.net service is in violation of this AUP.
Usenet SPAMing: 5x.net has a zero tolerance policy
for the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter
of any newsgroups or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
Unauthorized access: Use of the 5x.net service to
access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of 5x.net's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not
the intrusion results in the corruption or loss of data, is expressly
prohibited and the offending 5x.net account is subject to
immediate termination.
Copyright or trademark infringement: Use of the 5x.net service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
copyrighted software.
Collection of personal data: Use of the 5x.net service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the
5x.net
service for any activity which affects the ability of other people or
systems to use 5x.net Services or the Internet. This includes
"denial of service" (DOS) attacks against another network
host or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in a secure
manner. A Subscriber may not, through action or inaction, allow others
to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction,
to be configured in such a way that gives a third party the capability
to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's
computer system will result in immediate account termination. 5x.net
will not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination of the
offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while
using 5x.net services could result in suspension service.
Third Party Accountability: 5x.net subscribers will
be held responsible and accountable for any activity by third parties,
using their account, that violates guidelines created within the
Acceptable Use Policy.
Adult Content: We do not adult content on virtually hosted
web sites.
Security
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your
account to breach security of another account or attempt to gain
unauthorized access to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your
account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security of
any host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a
server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or
network ("denial of service attacks"). This includes, but is
not limited to, "flooding" of networks, deliberate attempts
to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or
civil liability. 5x.net will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Network Performance
5x.net accounts operate on shared resources. Excessive use or
abuse of these shared network resources by one customer may have a
negative impact on all other customers. Misuse of network resources in a
manner which impairs network performance is prohibited by this policy and
may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the
performances of 5x.net systems or networks. 5x.net reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF 5x.net AUP
5x.net requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse Department at abuse@5x.net
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone
or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do
system log files. Other situations will require different methods of
providing the above information. 5x.net may take any one or more
of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
5x.net reserves the right to revise, amend, or modify this AUP,
our TOS (Terms of Service) and our other policies and agreements at any
time and in any manner. Notice of any revision, amendment, or modification
will be posted in accordance with our TOS (Terms of Service).
