|SemoTech - Acceptable Use Policy
Last Modified: 04/05/2004
This Acceptable Use Policy ("AUP") sets forth provisions
of acceptable use of SemoTech networks and services. All users
of SemoTech networks and services are required to comply with
this policy and all applicable laws and regulations in full,
in addition to all terms and conditions of applicable agreements,
and any additional policies that may be applicable to a specific
service offered by SemoTech. SemoTech strives to provide its customers
with the highest quality Internet service available, while
at the same time respecting the standards that have been created
both within the Internet community, and by legislation. To
that end, inappropriate or abusive activities and conduct
will not be tolerated on SemoTech networks. SemoTech reserves
the right to modify this AUP from time to time, without notice.
Users of SemoTech networks are encouraged to review this AUP
often for changes or new information. Please send questions,
comments, or complaints regarding this AUP to mailto: abuse@SemoTech.com.
Each user is responsible for complying with this AUP, and
for providing assistance to SemoTech in investigating and resolving
any issue, as SemoTech may request from time to time. Additionally,
SemoTech customers and users are required to determine the conditions
of, and comply with, the acceptable use policies or equivalent
documents of all network(s) which their data transits.
Users will be held responsible for the actions of any third
party agent that acts on behalf of, or for the benefit of,
any end user, and such end users shall be held directly accountable
for any violations of this AUP by third party agents.
SemoTech does not control the content of data traversing SemoTech
networks; accordingly, SemoTech assumes no responsibility for
the content of any data or communication that may be transmitted
over SemoTech networks.
All systems which are connected to SemoTech networks shall
configured in accordance with industry standards, applicable
laws and regulations, specifically to conform with approved
"Request For Comments" standards documents which
are published from time to time by the Internet Engineering
Task Force (http://www.ietf.org/rfc.html).
Systems connected to SemoTech networks shall not be configured
any way which obscures system-identity information.
Proxy servers of any kind shall be configured so as to
unauthenticated use from the public Internet.
Customers of SemoTech are responsible for immediately reporting
to SemoTech any issue which could compromise the stability,
service or security of any user or system connected to SemoTech
Resellers and Downstream Service Providers
Resellers of SemoTech services are responsible for informing
their customers of this AUP and for enforcing its restrictions
with regard to their customers' actions. Breach or non-compliance
of this AUP by a customer or end-user of a reseller shall
be considered a violation of this AUP.
These lists are not meant to be exhaustive, but merely illustrative
of examples of inappropriate and improper conduct, which are
prohibited on SemoTech networks.
SemoTech' Networks may only be used for lawful purposes. The
transmission, distribution, or storage of any data or material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to material or data which:
Infringes any copyright, trademark, trade secret, or
intellectual property right.
Violates export control laws or regulations.
Violates any party's confidentiality rights.
Constitutes use or dissemination of child pornography.
Is illegal or unlawful.
The following general actions are considered "abuse"
and are strictly
Any conduct which is inconsistent with generally accepted
and expectations of the Internet community (whether or
not detailed in this AUP). SemoTech reserves the right,
in its sole discretion, to make a determination whether
any particular conduct violates such norms and expectations.
Using SemoTech networks to transmit material that SemoTech
to be illegal, obscene, or inappropriate.
Forging of message headers or identity information, or
any action with the intent of bypassing restrictions or
limits on access to a specific service or site. This prohibition
does not restrict the legitimate non-commercial use of
pseudonymous or anonymous services.
Falsifying identity or contact information (whether given
SemoTech, to the InterNIC, or other parties).
Users of SemoTech networks must configure their systems in a
secure manner. Should a user's system be exploited by unauthorized
persons, the user is responsible for both reporting the violation
(where applicable), and then fixing the exploited system.
For instance, should the security of a mail server be compromised
to distribute unsolicited emails, the user is responsible
for immediately re-configuring the system to prevent further
Users are prohibited from interfering or attempting to interfere
with services ("Denial of Service Attacks"), whether
intentionally or through neglect, of any other user, host,
or network. The prevention of "unintentional attacks",
such as infection and subsequent propagation of computer viruses,
are the responsibility of every user: anti-virus software
should be installed on every system which connects to SemoTech
Users are prohibited from injecting, intentionally or negligently,
false or unauthorized network control data into SemoTech networks,
for instance in the form of incorrect routing or DNS information.
Users are prohibited from engaging in improper use or distribution
of electronic mail ("e-mail"). Users are strictly
prohibited from engaging in any of the following activities:
Mass or commercial email may be sent only to recipients who
have expressly requested receipt of such e-mails, by the sending
of an email request to the person performing the mass or commercial
mailings. This exchanging of requests, acknowledgements, and
final confirmations (commonly referred to as a "double
opt-in" process) must be adhered to in their entirety
for any mass or commercial email to be considered "solicited"
Sending unsolicited mass or commercial e-mail ("spamming")
any purpose whatsoever.
Having third parties send out commercial emails on any
behalf .Using SemoTech facilities to receive replies from
unsolicited emails (commonly referred to as "drop-box"
Configuring any email server in such a way that it will
third party emails for forwarding (commonly known as an
"open mail relay"). If a site has roaming users
who wish to use a common mail server, the mail server
must be configured to require some form of user
identification and authorization.
Users that send mass or commercial e-mail are required to
maintain complete and accurate records of all e-mail subscription
requests, specifically including the email and associated
headers sent by every subscriber, and to immediately provide
SemoTech with such records upon request of SemoTech. Subscriptions
that do not have a specific recipient generated email request
associated with them are invalid, and are strictly prohibited.
In the absence of positive, verifiable proof to the contrary,
SemoTech considers complaints by recipients of e-mails to be
de-facto proof that the recipient did not subscribe or otherwise
request the e-mail(s) about which a complaint was generated.
Usenet (also known as Netnews or Newsgroups)
SemoTech recommends that users not post to any newsgroup until
they have familiarized themselves with the subjects, established
guidelines, and restrictions of such newsgroups. All Usenet
guidelines and restrictions are incorporated herein by reference,
and users of SemoTech networks agree to adhere to such guidelines
Without limitation of the foregoing, it is strictly prohibited
to engage in any of the following activities:
The legitimacy of a given post or cancellation is generally
determined by the official newsgroup or mailing-list moderator,
therefore, SemoTech usually defers to their judgment on these
issues, however, SemoTech retains the exclusive right to make
Making any posting for commercial purposes (including
limitation the pointing to specific URLs for commercial
purposes), except where such postings are expressly permitted
under the charter and/or Frequently Asked Questions (FAQ)
of an applicable newsgroup.
Posting binary files to newsgroups whose charter or name
not include allowances for such files.
Canceling newsgroup postings other than your own, or
auto-responders or cancel-bots (except in cases of official
newsgroup moderators performing their duties).
"Excessive Cross-Posting" (ECP) or "Excessive
(EMP), or "Usenet spam": SemoTech retains the
exclusive right to define these and other terms, however,
we generally defer to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html
Disrupting newsgroups with materials, postings, or activities
that are (as determined by SemoTech in its sole discretion),
excessive, or repetitious, unless such materials or activities
are expressly allowed or encouraged under the newsgroup's
name, FAQ, or charter.
Performing any unauthorized creation, cancellation, or