1. INTRODUCTION
Firstsaga.com's Acceptable Use Policy ("AUP") is intended to help
enhance the use of the Internet by preventing unacceptable use. All users of Firstsaga.com's Internet services (the "Services")
- those who access some of our Services but do not have accounts
("Visitors"), as well as those who pay a monthly service fee to
subscribe to the Services ("Members") - must comply with this AUP. We
support the free flow of information and ideas over the Internet and do not
actively monitor use of the Services under normal circumstances. Similarly, we
do not exercise editorial control over the content of any Web site, electronic
mail transmission, news group, or other material created or accessible over or
through the Services, except for certain proprietary websites. However, in
accordance with our Internet Service Agreement, we may remove any materials
that, in our sole discretion, may be illegal, may subject us to liability, or
which may violate this AUP. Firstsaga.com may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrong. Your violation of this AUP may result in the suspension or
termination of either your access to the Services and/or your Firstsaga.com
account or other actions as detailed in Section 3. This AUP should be read in
conjunction with our Internet Service Agreement and other policies.
2. VIOLATIONS OF
FIRSTSAGA.COM'S ACCEPTABLE USE POLICY
The
following constitute violations of this AUP:
a.Illegal use. Using the Services to transmit any
material (by email, uploading, posting, or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national or
international law, or any rules or regulations promulgated there under.
b.Harm to minors. Using the Services to harm, or attempt to harm,
minors in any way.
c.Threats. Using the Services to transmit any material (by email,
uploading, posting, or otherwise) that threatens or encourages bodily harm or
destruction of property.
d.Harassment. Using the Services to transmit any material (by
email, uploading, posting, or otherwise) that harasses another.
e.Fraudulent activity. Using the Services 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."
f.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 information is prohibited. The use of anonymous remailers
or nicknames does not constitute impersonation. Using deliberately
misleading headers ("munging" headers) in
news postings in order to avoid spam email address collectors is allowed.
g.Unsolicited commercial email/Unsolicited bulk email. Using the
Services to transmit any unsolicited commercial email or unsolicited bulk
email. Activities that have the effect of facilitating unsolicited commercial
email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
h.Unauthorized access. Using the Services to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Firstsaga.com'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.
i.Copyright or trademark infringement. Using the Services to transmit
any material (by email, 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. Firstsaga.com is registered under the
Digital Millennium Copyright Act of 1998.
j.Collection of personal data. Using the Services to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent.
k.Reselling the services. Reselling the Services
without Firstsaga.com's authorization.
l.Network disruptions and unfriendly activity. Using
the Services for any activity which adversely affects the ability of other
people or systems to use Firstsaga.com 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, network services or network equipment is
prohibited. It is the Member's responsibility to ensure that their network is
configured in a secure manner. A Member may not, through action or inaction,
allow others to use their network for illegal or inappropriate actions. A
Member 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.
m.News. Firstsaga.com Members should use their best judgment when
posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is
and is not considered appropriate. Usenet can be a valuable resource if used
properly. The continued posting of off-topic articles is prohibited. Commercial
advertisements are off-topic in most newsgroups, especially regional groups not
specifically named for such. The presence of such articles in a group is not
indicative of the group's "intended" use. Please familiarize yourself
with basic Usenet netiquette before posting to a newsgroup.
n. Long Connections and
Multiple Logins. Using a personal account for high volume or commercial use is
prohibited. The Services are intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, games, and browsing the World Wide
Web. Members may stay connected so long as they are actively using that
connection for the above purposes, for a total of 325 hours in any given 30 day
time period (This is a rolling 30 days, and not a calendar month). Members who
exceed 325 hours for any 30 day period will have their account suspended until
such time when the total use for the previous 30 days is less than 325 hours.
Members may not use the Services on a standby or inactive basis in order to
maintain a connection. Pinging is expressly prohibited. Accordingly,
Firstsaga.com maintains the right to terminate any member's connection
following any extended period of inactivity as determined by Firstsaga.com.
Violation of this clause may result in a permanent termination of the users
account, and refund of any money paid for future service. Termination of
service does not release the user of their financial obligations for any
services rendered, or products purchased prior to the termination.
3.REPORTING VIOLATIONS OF FIRSTSAGA.COM'S AUP
Firstsaga.com
requests that anyone who believes that there is a violation of this AUP direct
the information to Director-Abuse Department, at: abuse@Firstsaga.com
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
Email with full header
information provides all of the above, as do syslog
files. Other situations will require different methods of providing the above
information.
Firstsaga.com may take
any one or more of the following actions in response to complaints:
·
issue
warnings: written or verbal
·
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,
caused by violations.
4. REVISIONS TO THIS
ACCEPTABLE USE POLICY
Firstsaga.com reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement 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 the Internet Service