Colocation Corporation Acceptable Use Policy

 

V1.0 2001-10-23  abuse@coloco.com (JT)

Colocation Corporation

http://www.coloco.com/

 

Coloco has published this Coloco Acceptable Use Policy as part of our overall effort to provide high quality, reliable service to our customers; protect the privacy and security of our customers, systems, and networks; encourage responsible use of Coloco's and other providers' resources; and comply with applicable laws.  This Policy describes the types of uses of the Coloco facilities which are contrary to our objectives and which are, therefore, prohibited.  To achieve our objectives, Coloco may in its sole discretion determine whether a use is a violation of this Policy.  While it is not Coloco's intent to monitor, control, or censor communications on and over the Coloco facilities, when we become aware of a violation of this Policy, we may take such action as we deem appropriate to address the violation, as referenced below.

 

This Policy applies to all customers and to all users of Coloco facilities.  This Policy supplements, but does not supersede, the contracts that customers have with Coloco; if such a contract restricts a use of Coloco that is not addressed in this Policy, the contract will govern with respect to such use.

 

Prohibited Uses

 

Uses of the Coloco facilities described below are prohibited under this Policy.  These descriptions are guidelines and are not intended to be exhaustive.

 

Illegal/Criminal Activity

Coloco facilities may not be used in connection with criminal or civil violations of local, state, federal, national or international laws, regulations, or other government requirements.  Such violations include, but are not limited to, theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

 

Security Violations

Coloco facilities may not be used in connection with attempts - whether or not successful - to violate the security of a network, service, or other system.  Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

 

Coloco customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy.  Examples include improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software.  Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

 

Threats

Coloco facilities may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

 

Offensive Materials

Coloco facilities may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials or any materials of the nature set forth in 47 U.S.C.  Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable). 

 

Spam

Spam is an unacceptable use of the Coloco facilities.  Spam includes any of the following activities:

 

-        Posting a single message, or messages similar in content, to more than five online forums or newsgroups.

-        Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.

-        Collecting the responses from unsolicited email.

-        Sending any unsolicited email that could be expected, in Coloco's discretion, to provoke complaints.

-        Sending email with charity requests, petitions for signatures, or any chain mail related materials.

-        Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.

-        Sending email that does not accurately identify the sender, the sender's return address, and the email address of origin.

-        Using Coloco facilities to violate another Internet Service Provider's acceptable use policy and/or terms of service.

 

 

 

Use of Network or Content Hosting

Prohibited uses of the Network or Content Hosting include:

 

-        Selling any products or services that are unlawful in the location at which the content is posted or received.

-        Posting any content of the nature set forth in 47 U.S.C.  Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable).

-        Posting any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

-        Posting any content that holds us (including our affiliates and other Service Providers), employees or shareholders up to public scorn or ridicule.

-        Posting any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others.

-        Failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.

-        Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner.

-        Posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission or consent of the person(s) involved, or posting content that is likely to cause emotional distress.

-        Introducing viruses, worms, harmful code and/or trojan horses on our Networks or on the Internet.

-        Using data space provided by us as a bulletin board or chat room, unless specifically provided for.

-        Promoting, marketing or otherwise directing traffic (directly or indirectly) to a site hosted by us (including, but not limited to, your particular web site) through the use of unsolicited commercial e-mail or spam.

 

USENET Prohibited USENET activities include:

 

-        Posting the same or similar messages to large numbers of news groups (excessive cross-posting or multiple-posting, also known as "USENET spam".)

-        Posting a message whose subject or content is considered unrelated to the subject matter of the news group in which it is posted.

-        Posting chain letters of any type.

-        Posting binary files to news groups not specifically named for that purpose.

-        Canceling or superseding posts other than your own, with the exception of official news group moderators performing their duties.

-        Forging header information.  This includes attempting to circumvent the approval process for posting to a moderated news group or attempting to evade local or remote spam filters.

-        Posting any content of the nature set forth in 47 U.S.C.  Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable).

-        Posting any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

-        Posting any content that holds us (including our affiliates and other Service Providers), employees or shareholders up to public scorn or ridicule.

-        Posting any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others.

-        Failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.

-        Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner.

-        Posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission or consent of the person(s) involved, or posting content that is likely to cause emotional distress.

-        Introducing viruses, worms, harmful code and/or trojan horses on our Networks or on the Internet.

 

Indirect Access

A violation of this Policy by someone having only indirect access to the Coloco facilities through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user.  As an example, Down Stream Providers are responsible for the actions of customers to whom they provide services operating on the Coloco facilities.  Coloco will address and attempt to resolve complaints about the actions of customers of Down Stream Providers with the Down Stream Provider.

 

In addition, this policy applies to any email or content transmitted by you or on your behalf which uses an Coloco account as a mailbox for responses or promotes content hosted or transmitted using Coloco facilities, or which indicates in any way that Coloco was involved in the transmission of such email or content.

 

The resale of Coloco products and services is not permitted, unless expressly permitted in a written agreement with Coloco.

 

Consequences
Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Coloco in its sole discretion.  When feasible, it is Coloco's preference to give notice so that violations may be addressed voluntarily; however, Coloco reserves the right to act without notice when necessary, as determined by Coloco in its sole discretion.  Coloco may involve, and will cooperate with, law enforcement if criminal activity is suspected.  Violators may also be subject to civil or criminal liability under applicable law.  Refunds or credits are not issued in connection with actions taken for violations of this Policy.

 

Incident Reporting

Any complaints regarding violations of this Policy by an Coloco customer should be directed to abuse@coloco.com.  Where possible, include details that would assist Coloco in investigating and resolving the complaint (i.e.  expanded headers and a copy of the offending transmission).

 

Contact Information

Please contact the Coloco abuse desk by sending email to abuse@coloco.com.

 

Revisions to this Policy Coloco may modify this Policy at any time, effective when posted to Coloco's public web site.  Notice may also be provided via electronic mail or regular mail.