This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy ("AUP") of the Boston Computing Network ("BCN") governing the use by the Client ("Client") of the BCN's services ("Services"). The Purpose of BCN's AUP is to comply with all federal, state, and local laws and to protect our network security, integrity, performance, availability, Client privacy, and other items provided by BCN. BCN reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Clients. Any violation of the AUP may result in the suspension or termination of your account or such other action as BCN, in its sole discretion, deems appropriate. No credits will be issued for any interruption in service resulting from such violations.
Disclaimer of Warranty
All information, software, and services available through this site are provided "as is," without warranties of any kind, either express or implied. BCN does not warrant that any errors will be corrected or that the site or our services are free of viruses or other harmful components. Proceeding with usage of this site and BCN Services is solely at the risk of the Client.
Limitation of Liability
Under no circumstances shall BCN be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, this site or our Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
Client agrees to indemnify, defend and hold harmless BCN and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Client's use of the Services, (ii) any violation by Client of the AUP, (iii) any breach of any representation, warranty or covenant of Client contained in the AUP or (iv) any acts or omissions of Client.
BCN servers may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to copyrighted material, trademarks, trade secrets or other intellectual property rights used without proper authorization, obscene or defamatory material, constitutes an illegal threat, or violates any export laws.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to unauthorized access, use, probing, or scanning of system security or authentication measures, data, or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Your Username and Password
You are responsible for the safety of your BCN username and password. If you choose to disclose this information with third parties you are responsible for all actions taken with your account. If your password has been compromised you must contact us immediately!
Web sites that use an extraordinarily high amount of server resources (i.e. CPU cycles, system memory, and network resources) will be given the option to either pay additional fees, reduce the resources used to an acceptable level, or upgrade its service to a Clustered or Dedicated Server plan. BCN shall solely decide what is considered to high resource usage. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
SPAM, Junk Mail, UCE
BCN employs a zero-tolerance policy when it comes to SPAM, junk mail, or UCE. Note that there are many forms of spam - none of which are tolerated. Clients are in violation of this provision if they themselves spam from our servers, engage in spamming using the service of another ISP while referencing a web site hosted on a BCN server, or if they sell or distribute software on their web site that facilitates spamming. BCN will solely decide at its own discretion as to what constitutes as spam.
We closely monitor our servers for spam and have invested an enormous amount of time in spam-fighting techniques and technologies. Any and all spam notifications sent to our abuse department are dealt with as quickly as possible. When you spam from our servers you may potentially cause damage to thousands of other users who share our IP ranges. This is absolutely unacceptable and severe penalties may arise. If your actions cause BCN servers or IP addresses/ranges to be listed on any blackhole list or other mail filtering software you will be assessed a minimum $200 penalty and may face immediate suspension as well as incur a $250 per hour administrative charge for time taken to remedy damages caused by spammers.
Spam hurts everyone and is not a viable long-term solution. Although it may be profitable and bring you visitors in the short run, there are many better alternatives to achieving success and visitor traffic while not altogether ruining your company's reputation and potentially facing both criminal and civil lawsuits and other penalties.
BCN requests that Clients only use well-written Java chat room applications when utilizing shared server hosting services. Many chat room applications seriously hinder network and system performance and will therefore be removed from our system.
IRC Servers, Bots
BCN absolutely does not permit the usage of IRC servers or IRC bots on our systems, neither shared nor dedicated. This is a serious violation and will result in a minimum penalty of $200, immediate suspension and/or termination of Services without notice, or both.
IP Address Ownership
The rights to use any Internet Protocol address (IP address) assigned by BCN shall belong to BCN alone. Client has no right to use that address except as permitted by BCN in connection with Services provided. BCN reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
The AUP cannot be superseded by any verbal agreements of BCN employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by a BCN officer.
The terms of the AUP shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Massachusetts.
Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration conducted in Boston, Massachusetts by a neutral arbitrator and administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator(s) shall be in writing, shall state reasons for the award, and may be entered in any court having competent jurisdiction over the parties. Each party shall bear their own expenses, except that the prevailing party may recover the filing costs and expenses of the arbitrator from the other party.
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR SERVICES.
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