This document provides a general
understanding of RASER, Inc.'s policy on the Acceptable Use of the RASER, Inc. Internet
access service (the "Service"). It is designed to help protect our Service, our
customers, and the Internet community, from irresponsible or illegal activities. We hope
and expect that common sense and good judgment will guide all of our subscribers' Internet
activities. These guidelines point out generally accepted practices on a range of topics
and the general RASER, Inc. Service approach to these areas.
The key contributing factors to
decisions and actions taken on Acceptable Use Policy violations include but are not
limited to protection of our customers and our resources, provision of quality service to
our customers, compliance with applicable law, and the protection of our reputation as a
service provider.
If a RASER, Inc. account is involved in
a violation of these policies, we reserve the right to suspend or terminate Service
without notice. Our preferred course of action would be to advise the account owner of the
inappropriate behavior and any corrective action that may be necessary. However, repeated
or flagrant violations of these policies may result in immediate termination of Service.
In the event that an account is
deactivated or canceled as a result of any activities proscribed by these policies, the
account may be subject to set-up fees, reactivation charges and/or deposit requirements to
be determined by RASER, Inc. if such account is permitted to be re-activated or
re-established. Users whose accounts have been canceled for misuse or violation of the
Service Agreement or these policies are not entitled to re-register for the Service
without express written approval from RASER, Inc. outside the normal flow of the
registration process. Any further registrations for the Service by or for the user whose
account has been terminated for such activities may be rejected or the new account(s) may
be terminated upon discovery, and such further registration or use may subject the user to
additional account set-up, analysis, monthly usage and/or termination charges for each
such registration in amounts to be determined by RASER, Inc..
RASER, Inc. may take such action as it
deems appropriate against any subscriber or account user for violations of the Service
Agreement or of these policies. However, there is no promise or obligation on our part to
monitor or police any such activity and RASER, Inc. will have no liability to any party
for any other party's violation of these policies or the Service Agreement.
Impersonation
You may not attempt to send
Electronic Mail or USENET News articles using a name and address of someone other than
yourself. Attempting to impersonate any person, using forged headers or other identifying
information, is prohibited. Attempts to do so that are discovered by RASER, Inc. or
reported by other parties may be reported to the proper authority immediately, and may
result in the offending account being terminated immediately. The use of anonymous
re-mailers and nicknames, by themselves, does not necessarily constitute impersonation if
it is not being done with the intention of misleading the recipient or another party into
believing that you are some other specifically identifiable user or person other than
yourself.
Network unfriendly
activity
Activities which adversely affect
the ability of other people or systems to use RASER, Inc. Services or the Internet is
prohibited.
Unauthorized
uses - non-payment
Sharing dial-up accounts on
unlimited usage plans with anyone other than immediate family members, or re-selling
Service without express written consent from RASER, Inc., or offering any public
information service using such accounts, such as running a web server or FTP server, is
prohibited. Subscribers may not provide public or commercial information over such dial
connections. RASER, Inc. does offer dedicated connection services for such purposes.
Untimely payment of any and all amounts due may result in account cancellation.
Excessive usage, bandwidth or disk
utilization
Where RASER, Inc. account, service or
feature descriptions specify limits on bandwidth and/or disk utilization, use in excess of
those limits is not permitted without an appropriate change in account type or status and
may incur additional charges for such usage. Bandwidth and disk utilization will be
computed or determined by RASER, Inc. from time to time in developing its product and
service offerings. In addition, sessions on dial-up accounts which exceed a reasonable
time may be terminated in order to protect network resources and preserve Service
availability for other users. In the event RASER, Inc. determines that an account is
exceeding the relevant bandwidth or disk utilization, or frequently exceeding reasonable
sessions times for dial-up accounts, the account owner will generally be notified by
e-mail. If the excess use continues after such notification, the owner may be requested to
upgrade the account's Service agreement or to modify the activity creating the excess use,
or the account may be terminated.
If excessive bandwidth, disk space
utilization or dial-up session length is determined to adversely affect RASER, Inc.'s
ability to provide service, immediate action may be taken. The account owner may be
notified by e-mail as soon as practicable thereafter.
Idle Timeouts
Dial-up account sessions that use
the RASER, Inc. Service are subject to idle timeouts. An account session may be determined
to be idle if there appears to be no interactive, human generated data received from the
remote user's computer system within a prescribed amount of time.
Automated Data
Data that is generated on a user's
computer system automatically, either by an automated program, script, automatic
re-dialers or any other software device, is considered automated data. Automated data of
any kind is not considered interactive use of the RASER, Inc. Service, and as such, may be
disregarded in determining idle timeouts.
Subscribers to "unlimited
usage" or "unlimited access" plans for dial users may make reasonable use
of the Service without a specific limit on hours used and without paying more based on
hourly usage. These plans are not intended to provide full-time connections, however, and
the Service may be disconnected after a significant period of inactivity or after sessions
of excessive length. Subscribers should keep the connection open only when actively using
it, and may not use any automatic method to avoid inactivity disconnect. Intentional use
of automated data methods to avoid idle timeouts on dial-up accounts is prohibited and
grounds for account termination at RASER, Inc.'s sole discretion. This includes the use of
automatic redialers to reinstate an idle connection.
Misuse of Subscriber
Account
Internet access accounts cannot be
transferred or used by anyone other than the subscriber and members of the subscriber's
immediate family. Account sharing (other than among immediate family members) is strictly
prohibited. No more than one login session can be active at a time on a subscriber's
dial-up account. Accounts which have been transferred to other parties, or which show
other activity in violation of this condition, may be terminated without notice.
Service,
Network and System Interference
Subscribers may not attempt to
interfere with or compromise the operation of the RASER, Inc. network in whole or part, to
interfere with any of the equipment comprising the system, or to access other accounts or
restricted areas of the system.
Subscribers may not use RASER, Inc.'s
systems in a manner that adversely affects the availability of its resources to other
RASER, Inc. customers.
Facility Usage
Subscribers may only use those
RASER, Inc. Service online and computing facilities and Service areas which have been
authorized for subscriber use. If access is protected by a password, subscribers are not
to make this password available to others or use the password(s) of others to gain access
to such areas. Subscribers may not attempt to find out the password of another user, nor
aid such attempt by any other person.
Subscribers may use RASER, Inc. Service
online and computing facilities and Service areas only for authorized purposes.
Subscribers may not attempt to
interfere with the proper or intended operation of any computing facility.
Subscribers may not attempt to subvert
-- or aid others to subvert -- the security of any computing facility.
Subscribers may not interfere with use
by any other authorized user, nor compromise the confidentiality of RASER, Inc.'s or any
other party's internal business practices or records.
Any attempts, whether successful or
not, to gain access to any computer system or customer's data without consent is
prohibited.
Privacy
It may be necessary for RASER, Inc.
employees or representatives to examine system operational and accounting logs and other
records to resolve Service-related problems. RASER, Inc. reserves the right to access an
account's mailbox or other features to resolve problems or mail system errors.
In addition, RASER, Inc. will cooperate
with the appropriate legal authorities or other parties in investigating claims of illegal
activity, including but not limited to illegal transfer or use of copyrighted material,
postings or e-mail containing threats of violence, or other illegal activity.
RASER, Inc. makes no guarantee and
assumes no liability for the security of any data on any server including those designated
as "secure servers."
No computer system can be completely
protected or should be considered 100% safe from intrusion. E-mail and other data
transmissions over the Internet may pass through many computer systems, and should not be
considered a secure means of communication unless encrypted. Even then, such information
is only as secure as the encryption method used.
RASER, Inc. does not generally monitor
the activity of accounts except to measure system utilization and accumulate billing
records. However, in our efforts to protect the integrity of our Service and fulfill any
responsibility we may have as good citizens within the Internet community, if we become
aware of inappropriate use of the RASER, Inc. Service we may respond accordingly.
Censorship
RASER, Inc. does not intend to
censor the content of any newsgroups or other communications passing through its systems.
We believe such choices should generally be left to the individual subscriber. Software
tools are available to screen a subscriber account's access to newsgroups and Web sites
that might be considered offensive. It is the subscriber's responsibility to make use of
such tools if desired.
Newsgroup postings and other e-mail
messages sent via RASER, Inc. and the Internet are communications between the senders and
consenting receivers thereof, and RASER, Inc. has neither the authority nor the
responsibility to regulate their content. The views and comments expressed by RASER, Inc.
subscribers or other senders of such postings or messages are solely those of their
authors and do not reflect any review, approval or endorsement by RASER, Inc.. RASER, Inc.
will, however, attempt to assist subscribers who continually receive e-mail they deem to
be objectionable and/or unsolicited e-mail and who notify RASER, Inc. of the problem.
Illegal Activity
Internet access and all other
Services provided to RASER, Inc. subscribers may be used for lawful purposes only, and use
by a subscriber of the RASER, Inc. Service for the transmission or storage of any
information, data, or material in violation of any federal or state regulation or law
(including, but not limited to, material protected by copyright, trade secrets, and
information that is confidential as a matter of law) is strictly prohibited. The
subscriber may not use the RASER, Inc. Service to transmit or store any information, data,
or material that is threatening, libelous, or obscene.
Copyright Infringement
It is assumed that, unless
otherwise specified by the sender, all data distributed on the Internet by the sender is
intended to remain the intellectual property of the sender or the party who furnished such
data to the sender, and each subscriber transmitting any such data (or making it available
for download or other transmissions) is assumed to warrant that he or she has full
ownership rights or appropriate licenses to the reports, documents, photographs, graphic
images, audio files, video files and other data placed on the subscriber's personal web
pages or otherwise transmitted. RASER, Inc. subscribers are solely responsible for any
actions which may be necessary to protect ownership rights in such data. Subscribers
acknowledge that RASER, Inc. has no control over the individuals using the Internet and
that RASER, Inc. expressly does not warrant that any individuals might not make copies of
or otherwise infringe upon the subscriber's information as distributed on the Internet.
Subscribers should be aware of the law
of copyright as it affects computer software and other information or materials available
or accessible on the Internet. A formal copyright notice need not be in evidence for legal
copyright protection to be in force.
As a general rule, the subscriber is
the copyright owner of any file which that subscriber solely creates for his or her own
exclusive use. Any other file is copyright either by its creator, by commercial vendors,
or by other individual users, and it is generally illegal for the subscriber to reproduce
such file in any part or in any form, except by permission of the copyright owner or under
an appropriate statutory exception.
Ownership of any software developed or
modified by RASER, Inc. and all graphics, text or other information or content materials
supplied or furnished by RASER, Inc. as part of the RASER, Inc. Service or for
incorporation into a subscriber's personal Web page in connection with the Service shall
remain with RASER, Inc. (or the party which supplied such materials to RASER, Inc.).
Removing or falsifying the source or
origin of software or other material contained in a file that a subscriber has uploaded is
prohibited.
Knowingly receiving or downloading a
file that cannot be legally distributed is prohibited, even though a file may have been
mailed or posted notwithstanding such illegality.
Notices from
RASER, Inc.
Users may receive announcements
from time to time from the RASER, Inc. Service via e-mail regarding various aspects of the
Service, including without limitation notices of feature upgrades or changes,
Service-affecting issues or events, special offers for Service users from RASER, Inc.
distribution partners or other parties, etc.
Unsolicited
E-mail
Sending mass, unsolicited e-mail by
Service users is prohibited.
Using a RASER, Inc. e-mail address to
collect responses from unsolicited commercial e-mail is prohibited.
Sending unsolicited e-mail advertising
a service or web site, newsgroup, etc. located or hosted within the RASER, Inc. domain
space or address space, or service otherwise associated with RASER, Inc. is prohibited
regardless of e-mail point of origin.
Mail bombing
Sending large volumes of
unsolicited e-mail to a single user, or group of users, commercial or otherwise, by
Service users is prohibited.
Harassment
Sending outrageously threatening or
harassing e-mail (for example, making terroristic threats, or threatening physical injury
or damage to persons or property), especially after being requested to stop, is
prohibited. However, not every "flame" message or angry exchange of e-mail can
automatically be considered harassment. RASER, Inc. is not responsible for the content or
tone of any e-mail or other transmissions of the subscribers to its Service or other
parties using the Internet, and subscribers or others should not expect that RASER, Inc.
will attempt to mediate or otherwise become involved in any particular disagreement or
dispute between Internet users. However, RASER, Inc. will cooperate with appropriate law
enforcement agencies involved in investigating instances that may be reported to such
authorities by subscribers or other users who believe they are being subjected to
potentially unlawful harassment.
Other E-mail
related issues
Subscribers also may not engage in
the following activities while using the RASER, Inc. service:
- Intercepting, redirecting or otherwise
interfering or attempting to interfere with e-mail intended for other parties;
- Mailing or sending files that contain
copyrighted, commercial software or other material protected by intellectual property laws
(or by rights of privacy or publicity) unless the user owns or controls the rights thereto
or has received all necessary consents;
- Knowingly or maliciously transmitting
files that contain a virus or corrupted data;
- Knowingly deleting any author
attributions, legal notices or proprietary designations or labels in a file that the user
mails or sends;
- Publishing, posting, distributing or
disseminating defamatory, infringing, obscene or other unlawful material or information;
- Using the RASER, Inc. Service or systems
to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights
of privacy and publicity) of others;
