Violation of Northwoods Computer & Internet Services
Acceptable Use Policies will be considered immediate grounds for termination of
services and no refunds will be given.
Acceptable Use Policy
Aug 31, 2005 22:46:41 EDT
1. Scope and Purpose
Northwoods Computer &
(hereafter referred to as "Northwoods") provides services to view and
use products, services, and other materials made available over the Internet
(Content). By its nature, the Internet is designed to permit the expression of
a wide variety of commercial and non-commercial messages, as well as purchase
and use products, services, and other items. However, the Internet is not owned
or controlled by any one entity. Northwoods can not, and does not, monitor or
control any Content, including its customer's Content. Use of the Internet, as
a provider Content, or as a user of it, requires a high level of individual
judgment. By accessing the Internet, you assume the risk that Content available
through Northwoods’ services may be inaccurate, offensive, illegal or otherwise
unsuitable to your individual tastes, and/or needs. Northwoods can not, and
will not, accept responsibility for injury that results from this Content, even
if that Content may be legally actionable.
To balance the often
competing issues that the nature of the Internet creates, Northwoods has
created this Acceptable Use Policy (AUP). This AUP governs the use of the
services provided by Northwoods, its customers, visitors to Northwoods’ web
sites, and visitors to customer's web sites (all such collectively referred to
as "End Users"). It is a part of each customer's agreement with
Northwoods and is incorporated by this reference. While this AUP is designed to
facilitate open and free use of the Internet, and balance issues presented by
that use, Northwoods may take actions based on this AUP that in its sole
opinion are in its best business interests, regardless of whether the use
itself is legal.
In particular, Northwoods
encourages prospective customers to carefully review sections of this AUP
covering E-Mail/SPAM, Intellectual Property Violations, and Security. A
thorough review of those sections, and the entire AUP, may help avoid creating
issues under it that will cause Northwoods to take action, up to, and
including, termination of a customer's account.
Customers violate this AUP when they or End Users engage in activities
prohibited by it. It is a customer's responsibility and contractual obligation
to ensure that End Users comply with this AUP. Northwoods expects that
customers will cooperate with it in the enforcement and administration of this
AUP. A customer's failure to do so is a violation of their contract.
2.1 Lawful Use
Northwoods’ services may be used for lawful purposes only. Customers and End
Users may not use Northwoods’ services to directly facilitate the violation of
any particular law or regulation. Use of Northwoods’ services is governed by
the laws of the United States, regardless of the physical
location of the Customer or End User.
2.2 Other Acceptable Use
When using Northwoods to connect to other systems, our
customers must respect any acceptable use policies, terms of service, terms and
conditions or similar restrictions placed on their use by the owners of those
Any use of a customer's account, server, or any other service provided by
Northwoods will be considered use by the individual or entity set out in
Northwoods’ records as the owner, or principal contact. This individual or entity
will be held responsible for all contractual obligations including violations
of this AUP. The security of a customer's systems and account details are the
responsibility of the customer. The primary contact is considered the owner or
authorized user of all data using Northwoods’ services.
Northwoods recommends that
customers take steps to ensure that all use of their account and/or server is
authorized. This includes restricting physical access to their computers and
networks, logging their use, and ensuring that their account details
(especially passwords) are stored securely. Connecting a computer to the
Internet exposes it to millions of other computers. Northwoods recommends that
customers ensure that their computer is secured against abuse from the
Internet. All security related responsibilities are those of the customer
unless otherwise agreed upon in writing. Computers are configured to facilitate
their operation in Northwoods’ network. This configuration may be less secure
than others. Customers are encouraged to review security protocols and ensure
that they have selected the security level fitting their needs. Northwoods
makes no warranties regarding the security of its network.
structure and nature of the Internet community changes often. Activities that may at one time
have been considered to be acceptable to the general public,
may, over time, become unacceptable. Northwoods, customers, and End Users do
business in this unstable and unpredictable environment. Northwoods will
attempt to give customers 30 days prior notice of a material change to this
AUP. Such a notice will be posted at http://www.nwcis.com/aup.html
in our Acceptable Use Policy. However, because of the nature of the Internet,
Northwoods reserves the right to change this AUP without notice. Continued use
of Northwoods’ services constitutes acceptance of the most current version of
It is the responsibility of the customer to notify
Northwoods of any changes to their account or contact information. Northwoods
has no responsibility for communications that are misdirected as a result of
customer's failure to provide Northwoods with updated contact information.
4. Contacting Northwoods regarding violation of this AUP
E-mail addresses used to contact Northwoods are set out within this AUP. Please
note, that Northwoods has created special addresses for certain types of
complaints. Complaints misdirected by an End User may not be responded to.
Complaints submitted to Northwoods are not confidential and may be forwarded to
Northwoods’ customer or law enforcement, without notice. Northwoods does not
recognize requests that complaints be kept confidential, and will not honor
Complaints for which a particular e-mail or other
contact address is not specified in this AUP, should be sent to email@example.com.
Complainants should include as much detail as possible. Relevant E-mails or
Usenet postings (including all headers) and logs, together with references to
charters, acceptable use policies and other supporting evidence should all be
included when they are available. Some abuse complaints may not receive a reply
depending on the volume of abuse complaints about that particular issue.
Northwoods recognizes that it is often expedient to request that Northwoods
take action related to a customer or End User. However, Northwoods is not
always in the best position to take action. The fact that a particular activity
is prohibited in this AUP does not obligate Northwoods to take any specific
5. Intellectual Property Rights
Customers warrant that their use of Northwoods’ services are authorized, and
that they are the lawful owner, or licensee of Content, placed on, or accessed
through those services.
5.1 Copyright and Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or
misappropriates the copyrights and/or intellectual property rights of others.
This includes but is not limited to, trademarks, service marks, trade secrets,
software piracy and patents. Complaints about such activity by customers or End
Users may be directed to firstname.lastname@example.org.
6. Certain Content Restrictions
Northwoods does not knowingly host sites containing Child Pornography, Child
Erotica or Bestiality. For the purposes of this AUP, Northwoods does not
distinguish between Child Pornography, and Child Erotica, and both are
collectively referred to as Child Pornography. Customers and End Users are
prohibited from using Northwoods’ services to disseminate or access Child
Pornography and Bestiality. Northwoods is required by law to report the use of
its services to disseminate or display Child Pornography and Bestiality.
Northwoods actively cooperates with law enforcement in their efforts to
prosecute violations of U.S.
statutes restricting Child Pornography and Bestiality, and will do so without
informing customers or End Users.
Child Pornography and/or Bestiality complaints may be directed to email@example.com.
Further information about child pornography may be found at www.ncmec.org
Export and Import Laws
Customers and End Users may not use Northwoods’ services to engage in a
violation of U.S.
export and import control laws. Violation of these laws may include selling
products that may be legal to sell in the U.S.,
but illegal to export; or legal to sell in one country, and illegal to sell in
the U.S.. Customers may not use Northwoods’ services to provide
services to End Users with whom U.S.
citizens may not do business.
More information about U.S.
export laws may be found at http://www.export.gov/exportcontrols.html
Northwoods owns IP numbers and addresses assigned to customers. Northwoods may,
in its sole discretion, change these numbers. These numbers may not be
transferred to another provider.
9. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about
Northwoods’ customers, and/or their use of Northwoods’ services, are required
to submit a subpoena, or other similar document, pursuant to which Northwoods
is required by law to produce this information (Subpoena). Unless specifically
required by law and so clearly communicated to Northwoods, the Subpoena will be
transmitted to Northwoods’ customer.
10.1 Unauthorized Access
Under no circumstances may Northwoods’ systems be used to gain access or deny
access to a system or attempt to gain or attempt to deny access to a system
without the permission of the system's owners (or rightful users).
10.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is
designed to disproportionately consume the resources of a system in order to
reduce its ability to serve its function.
Under no circumstances may Northwoods’ systems be used in DoS
10.3 Probes and Scans
A probe is a connection made to a computer in order to determine if it
has a security vulnerability (for example, testing a mail relay to see if it
allows third party relay). This also includes un-authorized security testing of
any system or network.
A port scan is making multiple attempts to
connect to a computer on different ports in order to determine the services it
A sweep is a series of attempts to connect to
multiple network addresses in order to determine whether they are in-use,
providing a specific service or to map a network's topology.
Spoofing is faking the details of a connection in order to make it
appear to come from a different computer, organization or individual without
10.3.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express
permission of the owners of those systems is prohibited, and may be reported to
law enforcement agencies.
Northwoods reserves the right to use probes, port-scans, sweeps and spoofing on
any system connected to the Northwoods network in the course of performing
security assessments and threat management.
10.3.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified
as soon as possible. Northwoods reserves the right to disconnect an infected
customer if damage to other servers or third parties cannot be avoided
otherwise. Notification will be sent if a disconnection is necessary, but there
may be no delay between notification and disconnection.
The Internet is a robust source for communication between individuals and
entities. Northwoods supports the use of E-mail for legitimate communications
in a manner that is generally accepted. The use of E-mail for unsolicited bulk
E-mails is not generally accepted. The use of Northwoods’ services to transmit
this type of E-mail is specifically prohibited by this AUP. While differences
of opinion may exist on what type of E-mail communication constitutes
unsolicited bulk E-mail, or SPAM, Northwoods’ customers and End Users are
required to abide by the definitions and restrictions in this AUP, regardless
of whether a particular type of E-mail communication is permissible by law or
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20
Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or promotion of a
commercial product or service, including Content on a web site, which is
operated for a commercial purpose, or which has as its primary goal, a
11.1.2 Northwoods’ services may not be used to send UBE and UCE (a.k.a. spam)
Northwoods’ systems may not be used to send Unsolicited Bulk E-mails (UBE)
or Unsolicited Commercial E-mails (UCE). Customers or others acting on
their behalf may not send UBE or UCE promoting or advertising domain names, URIs (http://www.w3.org/Addressing/) or E-mail addresses
hosted by Northwoods.
See RFC2635 (http://www.ietf.org/rfc/rfc2635.txt) for more information on spam.
11.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any
public bulletin board system or web site unless it is expressly allowed
on that system or web site. Complaints will be handled the in the same manner as
UBE and UCE complaints.
11.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to
the same recipient in any 24-hour period.
Northwoods’ systems may not be used to engage in Mail Bombing.
Usenet is a distributed hierarchy of publicly accessible forums
primarily defined by RFC1036
12.1 Usenet Spam
Cross posting is posting a single Usenet message that is marked as
appearing in multiple newsgroups.
Multi-posting is repeatedly posting identical or substantively similar
messages. Multi-posting is considered bad because each copy of a multi-posting
must be separately distributed across Usenet, whereas a cross-posted message need
only be transferred once (even though it appears in multiple newsgroups).
In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used.
If during any 45 day period, a series of substantively similar
messages are posted, the first cross-posted to n1 groups, the second to n2
groups, the third to n3 groups, etc. The Briedbart
index of that series of postings is calculated as the sum of the square
roots of n1, n2, n3, etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart
index greater than 20 constitutes Excessive Multi-Posting (EMP).
12.1.2 Prohibition of EMP
Northwoods’ systems may not be used for EMP. Customers or others acting on
their behalf may not engage in EMP promoting or advertising domain names, URIs
(http://www.w3.org/Addressing/) or E-mail addresses hosted by Northwoods.
12.2 Off-Topic Posts
Many newsgroups have charters which place
restrictions on what messages may be posted to them. Charters can be searched
for here: http://www.faqs.org/faqs/faqsearch.html.
Where a charter exists for a newsgroup, a message
posted to it which violates that charter is off-topic.
12.2.2 Prohibition of Off-Topic Posts
Northwoods’ systems may not be used to post off-topic messages. Customers or
others acting on their behalf may not post off-topic messages promoting or
advertising domain names, URIs (http://www.w3.org/Addressing/) or E-mail
addresses hosted by us is also prohibited.
13. Prohibited Services & Protocols
IRC related programs, including, but not limited to, clients, bots, and
servers, may not be run using Northwoods’ hosting services. No connections to
IRC or IRC-like servers or hosts may be made from Northwoods’ hosting services.
Customers may not make use of the multicast protocol unless they have a written
and signed exemption to this rule from Northwoods. Customers using the
multicast protocol without prior written authorization will be billed up to
$500 per hour that multicast is used.
13.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a
username and/or password or restricted to specific IP addresses to make
indirect network connections to other network services. This includes, but is
not limited to, SOCKS proxies, Web proxies, Network address translation (NAT)
proxies, Web-based proxy servers and open SMTP relays.
Northwoods expressly reserves the right to suspend or terminate, without
notice, all services for any customer who violates our terms and conditions.
The sub-sections in this section are only presented as a guide to how
complaints are normally handled. Complaints about any violation or unacceptable
activity may lead to suspension or termination of any service or services
offered by Northwoods. No refunds are provided for services terminated because
of any violations of this AUP.
If practical, we will contact the customer (either by telephone or E-mail)
before any action is taken. Where Northwoods believes that that the violation
was accidental or will not be repeated, Northwoods may, at its discretion,
choose to re-enable services. In these circumstances Northwoods may also place
restrictions or further conditions on the customers use of Northwoods’ systems,
require a formal undertaking from them regarding their future conduct or
require payment to cover costs incurred by Northwoods in dealing with the abuse
In certain circumstances, Northwoods may suspend a customer's services in the
interests of preventing further abuse while Northwoods investigates.
14.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt
with firmly by Northwoods. Since it is true that complaints do come in about
UBE or UCE and the complainant is actually a valid subscriber there is an
allowance as follows: The responsibility lies on the customer to make sure
their mailing lists are kept up to date and clean of all non-subscribers. Even
responded to warnings under section 14.1.1 below will count against the total
for subsequent sections following 14.1.1.
14.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period the
customer will be notified of those complaints with copies of the reported
E-mails. This one chance will be given to cease this activity, secure the
system from relaying/abuse, or unsubscribe those who filed the complaints.
14.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods
service will be suspended for ten days. The customer will be notified of
those complaints with copies of the reported E-mails. It will be the
responsibility of the customer to request reconnection when the ten day
suspension period has expired. A reconnection fee, equivalent to the normal
account/service set-up fee, will apply.
14.1.3 Eight or More Complaints in Five Consecutive 24
If UBE or UCE generates eight or more complaints in five consecutive 24-hour
periods the account will be terminated immediately.
Notification will be sent after services are terminated.
14.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or Northwoods
discovers an open relay or open proxy through the course of business the
customer will be notified after services are suspended. Restoration of
service will require written acknowledgement of the reason for
suspension and either:
1) An indication that the
security issue will be remedied including how this will be achieved; or
2) The customer pays Northwoods to remedy the security issue on the customer's
If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a customer, or that customer's subscribers, is
found to be the cause for any part of Northwoods’ network being blocked or
'blacklisted' by any third party in any way, Northwoods reserves the right to
terminate some or all services offered by Northwoods without notice. It is the
responsibility of all customers to be sure they and their subscribers are not
abusing our network and causing service problems for other Northwoods customers.