RAPID SYSTEMS INC.
ACCEPTABLE USE POLICY
(Updated September 24th, 2018)
This Acceptable Use Policy (“Policy”) applies to all visitors and users of Rapid Systems’ website(s) and all Customers of Rapid Systems’ Services, collectively (“Customers”). The provisions of this Policy are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Rapid Systems reserves the right at all times to prohibit activities or uses that damage its commercial reputation and goodwill. Rapid Systems is also committed to implementing measures to ensure that its infrastructure, as well as that of its Customers, cannot be exploited as platforms for denial of service attacks or used for unlawful or objectionable purposes.
Capitalized terms not defined herein are the same as established in the Rapid Systems Terms of Service Agreement (“Agreement”).
The following uses and actions are prohibited:
Attempts to Compromise Systems/Networks, Security Breaches & Denial of Service – Any “denial of service” attack, any attempt to breach or circumvent authentication or security measures of any host, network, or account, any release of a virus, worm, bot, adware, or any spyware, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice. Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non-Rapid Systems equipment, systems, or networks.
Conducting Business Through a Residential Account – The residential single-Customer Internet accounts provided by Rapid Systems are designed for the home/casual Customer and may not provide the level of service, capacity or speed required for conducting business. Therefore, conducting business with a residential account is not acceptable. Please contact a Rapid Systems customer service representative to upgrade to a business account.
Cooperation with Other Providers – Using Rapid Systems’ facilities to engage in activities that violate the Terms of Service of any other network access provider is prohibited. For example, sending unsolicited commercial e-mail through Rapid Systems’ facilities to the Customers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.
Excessive Use of System Resources – This includes without limitation the continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system. Customer may not resell Service(s).
E-mail and Usenet News Abuse – E-mail abuse typically comes in one of three forms: 1) the transfer of a unsolicited message not in compliance with the federal CAN-SPAM Act to any person; 2) the sending of harassing and/or threatening messages to other persons; and 3) the forging of e-mail addresses so as to make the e-mail appear to be from another user. Using any Rapid Systems account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail (for example, by maintaining a spamvertised website), is prohibited. Rapid Systems reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are “unsolicited.” A complaint from the recipient is presumptive evidence that the message was unsolicited. Rapid Systems has no obligation to identify complaining parties unless required by law or court order.
Conduct that directly or indirectly encourages, permits, or relies on spamming is included in this prohibition. Examples include failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spam “support services” such as e-mail dropboxes or sales of spamware/malware. Similarly, using any Rapid Systems account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. Rapid Systems reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases Rapid Systems will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
Flooding or Abuse of Other Users – Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly by Rapid Systems. Flooding takes place in numerous ways, including, without limitation, ICMP flooding, pinging, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk e-mail not in compliance with the federal CAN-SPAM Act, MSG/CTCP flooding on IRC, as well as other, less common methods. “Bulk E-mail” is defined as the same or similar e-mail messages sent to more than twenty-five (25) recipients.
Forgery of Identity – Falsifying addressing information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
Harassment or Illegal Activity – Conduct in connection with e-mail, Usenet news, or any other Rapid Systems Service(s) that would be unlawful in other contexts (for example, threats, harassment, defamation, indecency, obscenity, distribution or possession of child pornography, or software piracy) is prohibited.
High-traffic websites – Residential Internet service is intended to provide access to individuals only. As most individuals primarily download content, rather than upload it, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to host content on their account that could degrade performance for other users. Due to such circumstances, Rapid Systems may have to implement certain limitations on the amount of web hosting traffic an individual Customer’s residential account can receive.
Long-Term Storage of Data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, without limitation, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home/business computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s own system(s). Rapid Systems reserves the right to remove e-mail stored on the mail server without prior notification in cases where the mailbox size is in excess of 100 megabytes.
Offensive Content – Rapid Systems expressly prohibits the posting or transfer on the Service of sexually explicit images, material inappropriate for minors, or other material which is offensive, indecent or obscene, threatening, harassing, abusive, libelous or would encourage a criminal or civil offense. Rapid Systems does not control the content of newsgroups which are available to Users or of any posting to any newsgroup. All postings to newsgroups must comply with the Net Abuse Policy. All Users use such services at their own risk and are responsible for complying with these guidelines and applicable laws, rules and regulations. Rapid Systems reserves the right to add, delete, or modify any provision of this Policy at any time without notice
.Open Mail Relays – Maintaining an open mail relay invites senders of mass unsolicited commercial e-mail to exploit the server by using it for spamming. Failure or refusal to take appropriate steps to close an open mail relay on the Rapid Systems Network is grounds for temporary suspension or permanent termination of service.
Port Scanning – Use of any application, software, or technique to scan any host’s ports.
Pirated Software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Rapid Systems. Such prohibition also includes the unauthorized copying of copyrighted material including, without limitation to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
Pyramid/Money-Making Schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
Resale of Internet Service / Public Access Gateways – Using a Rapid Systems connection to provide or resell public access for resale or free is prohibited on residential accounts. Rapid Systems connections are intended for the sole use of a single family residence for “Residential” Accounts.
Sharing of Accounts – Sharing Customer’s Services with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Rapid Systems-issued IP Address.
Storing, Distributing or Transmitting Unlawful Content or Material – Customer is prohibited from storing, distributing, or transmitting any unlawful content or other material through the Service(s). Examples of unlawful content include without limitation direct threats of physical harm, child pornography and copyrighted, trademarked and other proprietary material used without proper authorization. Customer may not post, upload or otherwise distribute copyrighted content without the consent of the copyright holder. Examples of other prohibited material include without limitation are software, applications and programs containing viruses, Trojans and other tools or technology that would compromise the security of Rapid Systems or others.