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ACCEPTABLE USE POLICIES
Effective Date: February 19, 2003

The following are Use Policies that each SelectNet customer, existing and potential, should be aware of. These policies are not a substitute, however, for the Terms and Conditions which Customer has agreed to by applying for service. These policies are non-exclusive, and are provided solely for guidance to Customer. If Customer is unsure whether any contemplated use or action is permitted, please send mail to info@select.net for assistance. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of any service provided by, or connected to, via the network.

As a user of SelectNet services, Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you send, post, host, email, transmit or otherwise make available via SelectNet services. SelectNet does not control the Content posted via SelectNet services and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer.

Customer acknowledges that SelectNet and its suppliers do not, and SelectNet acknowledges that SelectNet and its suppliers shall not without cause, pre-screen Content, but that SelectNet and its suppliers shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via SelectNet's services. Without limiting the foregoing, SelectNet and its suppliers shall have the right to remove any Content that violates the Terms and Conditions of Service or is otherwise objectionable. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by SelectNet or submitted to SelectNet.

Customer acknowledges and agrees that SelectNet (or its suppliers) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SelectNet, its users and the public.

Customer understands that the technical processing and transmission of SelectNet's services, including Customer's Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

These policies will be revised from time to time; it is Customer's responsibility to review the policies to determine any changes. If any policy is not agreed to, SelectNet shall be notified that Customer would like to cancel service and immediately cease any use of services. By placing an order with SelectNet Internet Services and using our services, Customer is presumed to have accepted these Acceptable Use Policies.

Network Use Policy

Services shall only be used by Customer for lawful purposes consistent with generally recognized business practices. Without limiting the foregoing, as long as SelectNet is supplying services to Customer, Customer represents and warrants that Customer shall not use the services to (1) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; (2) intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any applicable securities commission or exchange, and any regulations having the force of law; (3) in any way violate or infringe upon any party, privacy right, right of publicity, or any other right of any person or entity; (4) send, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (5) harm minors in any way; (6) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service; (8) send, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (9) send, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (10) send, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate our abuse policy; (11) send, post, email, transmit or otherwise make available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (12)"stalk" or otherwise harass another.

Customer further warrants and represents that its use and access of other networks through SelectNet will comply with all applicable regulations and conventions, including those related to privacy, international communications and exportation of technical or personal data. Customer is solely responsible for determining the legality of their data that is stored or transmitted. SelectNet reserves the right to remove such illegal material from its servers and to immediately terminate any service provided to a Customer, whether or not such Customer has actual knowledge of such unlawful activity.

Customers may not use SelectNet's network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.

Customers may not attempt to interfere with or deny service to any user, host or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.

SelectNet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.

SelectNet cannot control the information that Customer might receive while using SelectNet's services; we do not monitor the data that is transmitted to Customer. Because we do not own or control the Internet, SelectNet cannot and does not accept any responsibility for injury to Customer that results from inaccurate, unsuitable or offensive Internet communication. It is up to Customer to control its use of this service and to make appropriate use of monitoring software that is available from many third party vendors that can provide filtering and parental control for offensive material.

Virtual Hosting Acceptable Use Policy

SelectNet makes its servers available to subscribers of its Virtual Hosting services, but does not necessarily endorse any of the items published through its servers.

SelectNet reserves the right to refuse to serve the Web presence materials of any existing Customer making inappropriate or unreasonable use of SelectNet's services or an applicant whose planned Web presence activities are deemed to have the potential of creating negative impact on SelectNet's abilities to serve its customers.

The appropriateness and reasonableness of use, and potential of negative impact to SelectNet of customer's materials are matters which shall be determined in SelectNet's sole judgement.

The term "Web presence materials" is defined as data of any form that can be delivered by SelectNet's Web presence software and hardware resources, including but not limited to its Web server software, hardware, and Internet link.

Examples of inappropriate or unreasonable use:

  • providing copyrighted materials without authorization
  • providing obscene or offensive materials (e.g.graphic and racist materials)
  • providing materials whose nature and/or volume compromises the ability of SelectNet's servers to serve other users' Web presence materials, instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by SelectNet.
  • providing materials that violate the commonly accepted etiquette of the Internet
  • providing materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the Customer, not SelectNet.
  • sending out Unsoliticed Commercial Email (UCE) or Unsolicited Business Email (UBE), both also known as spam via any one of SelectNet's mail servers, or sending out UCE/UBEs from other ISPs' mail servers in an attempt to entice new visitors to your web site(s) hosted at SelectNet.
  • Customers notified of inappropriate or unreasonable usage who fail to correct the situation can lose their Virtual Hosting service. SelectNet reserves the right to monitor the use and all materials made available by its subscribers, for purposes of assessing the appropriateness and reasonableness of use and potential negative impact to SelectNet of customer's materials.

E-Mail Acceptable Use Policy

Customers and affiliates of SelectNet Internet Services are prohibited from using Unsolicited Commercial Email (UCE) and Unsolicited Bulk Email (UBE) as a means of advertising data or services hosted on SelectNet's network, or using the network to distribute such materials. Infringments of this policy can result in termination of service. Customers and affiliates will be held responsible for the actions of their employees in this matter, so it would be best for Customer or affiliate to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.' Harassment, whether through language, frequency, or size of messages, is prohibited.

These rules also apply to other types of Internet-based message distribution.

  • Do not send out any Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (also known as spam). We do not want to conduct business with anyone who does unsolicited bulk mailings.
  • Spam-tising your website, i.e. sending out unsolicited bulk email promoting your site at SelectNet but using another ISP's servers to transmit these messages is absolutely prohibited. These prohibitions also encompass newsgroups and public mailing lists and bulletin boards. Do not flood newsgroups or public mailing lists. Even bulk emails with "opt-out" instructions (e.g. those conforming to Section 301, Paragraph (a)(2)(C) of S.1618) are not permitted.
  • Customer will be held liable for such infringment even if the spamming action was done by a third party for Customer's benefit. (i.e. if your advertising agency or one of your employees does the spamming, you would still be held responsible. If a sublessee of your site spams, accountability still remains with you.)
In summary, mass e-mailing is prohibited except in those cases where the recipient is a current, active customer of yours or has signed up on an opt-in email list. You will need to be able to present irrefutable proof of the foregoing if a recipient challenges you on this.

Failure to observe the above mentioned restrictions may result in:

  • an immediate suspension of your account, with full forfeiture of all setup and remaining fees.
  • recovery of all costs incurred by SelectNet to undo any disruptions caused by the transmission of the UCE. Currently, State of California statutes allow us to recover USD $50 per individual message sent, up to a maximum of USD $25,000 daily, plus legal costs.
  • our submission of the the spammer's domain name(s) to all anti-spam blocking databases, making the domain virtually unuseable even when the spammer transfers to another provider.

If an account or Domain Name has been suspended it can only be reinstated when an e-mail is received from the account or Domain Name owner. This e-mail should be sent to:

abuse@select.net

The e-mail must, in the infringer's own words, explain (explaination e-mail):

  • Why the SPAM incident or other Abuse incident occurred;
  • If applicable, display understanding of why mass mailing is forbidden;
  • Commit to incident not occurring again.

    The same party that deals with incoming SPAM or Internet Abuse complaints will be the first arbiter in making a decision as to whether or not the account should be reinstated.

    In making a decision the arbiter shall take into consideration:

  • The authenticity of the e-mail (is it really from the address from which it purports to be);
  • The nature of the response and the understanding and commitment exhibited therein;
  • The history of Abuse on that Domain;
  • To the extent known, the history of Abuse by that customer across different domains.

    As mentioned above, by sending UCE's, we understand a spammer exposes himself to the following legal liabilities:

    • In California, the recovery penalties as prescribed above, i.e. USD 50 per individual message sent up to a maximum of USD 25,000 daily, plus legal costs. Furthermore, the State of California criminalized the use of forged headers with penalties up to 1 year in prison and a $5000 fine. Note that the California statute applies to any message that is routed through network facilities located in the state, whether or not the spam originated in California. It also applies if the site being promoted is hosted on a server in California. So, this includes all SelectNet hosted sites.
    Note that putting up a disclaimer stating that the email was sent in accordance to HR 3113 or proposed Section 301 is not acceptable. It may not dissolve you of any liability. Not only you would still be violating your service contract with SelectNet, but you may still be violating parts of several states' commercial law codes.

    Special Warnings for International Use

    Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which Customer resides.


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