This page contains Bitstream Networks acceptable use policy (AUP). If you have any questions regarding this policy or would like interpretation of any statement in the policy, please contact customer-service@bitstreamnetworks.com.

From time to time Bitstream Networks may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at www.bitstreamnetworks.com. The AUPs are not exhaustive and Bitstream Networks reserves the right to modify the AUPs at any time. By registering for and using the services of Bitstream Networks, and thereby accepting the terms and conditions of the Service Agreement or it's equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Bitstream Networks deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM BITSTREAM NETWORKS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BITSTREAM NETWORKS' POLICY TO TERMINATE REPEAT INFRINGERS. BITSTREAM NETWORKS RESERVES THE RIGHT TO REFUSE SERVICE TO ANY ONE AT ANYTIME FOR ANY REASON.

Customer agrees any disputes or legal remedies will be filed in Cook County in the state of Illinois. This agreement is governed by the laws of the State of Illinois.

1. Etiquette on the Internet

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Bitstream Networks may provide access. The customer shall not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or likely to result in retaliation against Bitstream Networks by offended users. Bitstream Networks reserves the right to refuse or terminate service at any time for violation of this section.

2. Piracy & Copyright Infringement

The Bitstream Networks network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or laws, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements by e-mail to abuse@bitstreamnetworks.com.

Bitstream Networks will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

3. Lawful Purpose

The Bitstream Networks network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements by e-mail to abuse@bitstreamnetworks.com.

Bitstream Networks will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

4. Child Pornography

Bitstream Networks will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Bitstream Networks' Customers are ultimately responsible for the actions of their Customers over the Bitstream Networks' network, and will be liable for illegal material posted by their Customers.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT. Further information is available here.

5. Security Responsibility

The Customer is solely responsible for any breaches of security affecting Bitstream Networks' servers or servers of Customers of Bitstream Networks. If a Customer's account or server is involved in an attack on another account, server or system, the account or server will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, the Customer is responsible for the cost to rectify any damage done to the server(s) or account(s) and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $450 USD per hour. Inquiries regarding security matters may be directed to abuse@bitstreamnetworks.com.

6. Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Bitstream Networks may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, denial-of-service attacks, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Bitstream Networks. Such labor is categorized as emergency security breach recovery and is currently charged at $450 USD per hour required. Inquiries regarding security matters may be directed to abuse@bitstreamnetworks.com. Bitstream Networks is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bitstream Networks urges its Customers to assume that all of their on-line communications are insecure. Bitstream Networks cannot take responsibility for the security of information transmitted over or through Bitstream Networks' network.

7. Passwords

The Customer is responsible for protecting Customer's password and for any authorized or unauthorized use made of Customer's password. The Customer will not use or permit anyone to use Bitstream Networks' service to guess passwords or to access other systems or networks without authorization. Bitstream Networks will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

8. SPAM and/or Commercial E-Mail Advertisements

Bitstream Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Customers of Bitstream Networks may not use or permit others to use our network to transact in UCE. Customers of Bitstream Networks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.

Customers of Bitstream Networks are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their Customers over the Bitstream Networks network, it is advisable that Customers develop a similar, or stricter, policy for their Customers.

Violation of Bitstream Networks's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bitstream Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bitstream Networks may restrict customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Bitstream Networks may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, Bitstream Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bitstream Networks will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of Bitstream Networks's SPAM policy may be reported to abuse@bitstreamnetworks.com.

9. Billing

The Customer understands that the Customer is responsible for paying for any network resources that are used to connect the Customer's account or server to the Internet. The Customer may request that the Customer's account or server be disconnected from the Internet, but the Customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. For our co-cocation Customers, all invoices must be paid in full prior to removing equipment from the Data Center.

10. Remedies - Suspension and/or Cancellation

Bitstream Networks reserves the right to suspend network access to any Customer if in the judgment of the Bitstream Networks' network administrators the Customer's account or server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Bitstream Networks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The Customer will not be credited for the time the Customer's machines were suspended.

Bitstream Networks reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Bitstream Networks if Bitstream Networks institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the Customer (i.e. transfer, space etc.).

11. Indemnification

Bitstream Networks wishes to emphasize that in accepting this service agreement or it's equivalent, Customer indemnifies Bitstream Networks for any violation of the service agreement or its equivalent, law or AUP that results in loss to Bitstream Networks or the bringing of any claim against Bitstream Networks by any third-party. This means that if Bitstream Networks is sued because of a Customer's or a Customer of a Customer's activity, the Customer will pay any damages awarded against Bitstream Networks, plus costs and reasonable attorney's fees.

12. Disclaimer of Responsibility

Bitstream Networks is under no duty to look at each Customer's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Bitstream Networks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of Bitstream Networks must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

updated March 24, 2002