Bluemarble.Net -- Acceptable Usage Policy

Acceptable Usage Policy

The Smithville Digital Usage Policy has been developed with the following objectives:

Ensure security, reliability and privacy of Smithville Digital's systems and network, and the networks and systems of our partners
Maintain the image and reputation of Smithville Digital as a responsible provider
Preserve the value of Internet resources as a conduit for free expression
Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services
Avoid situations that may cause Smithville Digital and it’s partners to incur civil liability
Preserve the privacy and security of individual users

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.

General Conduct

Customers are prohibited from transmitting on or through any of Smithville Digital's services, any material that is unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

Smithville Digital's DSL service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Smithville Digital reserves the right to remove such illegal material from its servers.

Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via e-mail, news, or any other electronic media/service that Smithville Digital provides.

As per the Digital Millennium Copyright Act (“DMCA”), any customer found sharing or downloading copyrighted material may be cut off from service as outlined in the regulation.

The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

System and Network Usage
Security
	1.	Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). 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, or probing the security of other networks.
	2.	Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
	3.	Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
	4.	Customers must safeguard their account passwords to prevent unauthorized access to their account.
	5.	Customers who violate systems or network security may incur criminal or civil liability. Smithville Digital 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.

E-mail
	1.	Harassment, whether through language, frequency, or size of messages, is prohibited
	2.	Customers may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
	3.	Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
	4.	Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
	5.	Malicious e-mail, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
	6.	Forging of header or any other information is not permitted.
	7.	Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
	8.	Smithville Digital accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
	9.	These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). NOTE: Smithville Digital operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, at our sole discretion requires immediate termination, in which event service will be immediately terminated.

IRC (Internet Relay Chat)
	1.	Customers are prohibited from using or hosting IRC scripts, servers, or programs on Smithville Digital' shared, dedicated, or co-location server accounts.
	2.	Neither IRC robots ("bots" or "clones"), nor IRC sessions may be run from Smithville Digital's shared, dedicated, or co-location server accounts.
	3.	3. Smithville Digital is not liable for the content of any communications made on IRC.

Requirements for Usage of Smithville Digital's Network
	1.	Customers may not permit the use of mail services, mail-forwarding capabilities, POP accounts, or auto-responders other than for the Customer's own account.
	2.	Customers may not employ posts or programs that consume excessive CPU time or storage space. Smithville Digital reserves the right to kill off CPU intensive processes.
	3.	Users must have paid the appropriate subscription fee to Smithville Digital prior to use of Smithville Digital's network. Users who are not in good financial standing with Smithville Digital may have their accounts suspended or terminated.
	4.	User of Smithville Digital's network must comply with the terms and conditions of Smithville Digital's Acceptable Use Policy.
	5.	Traffic exiting Smithville Digital's network must comply with all rules and acceptable use policies of the networks on which it travels.
	6.	The authorized user of a Smithville Digital account is the person whose name appears on the subscription application for that account. This person shall ultimately be held liable for any unauthorized use of the account.
	7.	Smithville Digital prohibits the use of hardware and/or software intended to maintain an unattended dial-up connection to the Smithville Digital network. Smithville Digital reserves the right to terminate a dial-up connection for excessive consecutive duration of use.
	8.	Smithville Digital prohibits the use of more than one modem per account. Smithville Digital reserves the right to terminate a dial-up connection if another one is simultaneously in use by the same username.
	9.	Users of Smithville Digital's network must minimize and, if possible, avoid unnecessary traffic or interference with the work of other users of Smithville Digital's network or interconnected networks.

Refund and Cancellation Policy
	1.	When a subscriber signs up for a Smithville Digital account, he or she implicitly authorizes Smithville Digital to continue providing service, and billing for that service, until the subscriber affirmatively cancels his or her subscription. A subscriber may cancel an account by contacting Smithville Digital by telephone, e-mail, postal mail, or in person. Ignoring or failing to pay an invoice is not sufficient to cancel a subscription.
	2.	Upon cancellation, Smithville Digital will issue a final invoice as of the day of cancellation. Smithville Digital will refund the unused portion of any paid subscription fee.
	3.	Smithville Digital shall automatically refund the entire subscription fee if, within the first 30 days of service, the subscriber has not succeeded in using Smithville Digital's network, or otherwise expresses dissatisfaction with Smithville Digital's service.

Disclaimers
	1.	Smithville Digital will in no event be liable for any damages, including but not limited to lost data, lost profits, incidental or consequential damages, arising from the use of Smithville Digital's network and Smithville Digital's services.
	2.	Smithville Digital makes no warranties, either express or implied, regarding Smithville Digital's services or their fitness for any particular purpose.
	3.	The above exclusion of implied warranties shall apply to the extent permitted by law.

Systems Availability
	1.	While Smithville Digital makes every effort to keep its network available 100% of the time, Smithville Digital in no way guarantees the availability of its services at any given moment.
	2.	Smithville Digital reserves the right to remove any computers or other parts of the Smithville Digital network from public access at any time for emergency maintenance.
	3.	Smithville Digital shall strive for at least 99% uptime (roughly equal to less than two hours per week of downtime) for Smithville Digital's services.
	4.	Smithville Digital shall strive to provide seven days' advance public notice before scheduling equipment downtime.

Availability of Technical Support
	1.	Subscribers are encouraged to call technical support with any problems. A Smithville Digital technician will take the user's account name and reason for the call and try to determine the origin of the problem. If the problem originates with Smithville Digital, the technician will make every effort to correct it immediately.
	2.	Smithville Digital will charge for any services rendered that are due to subscriber error or a problem with the subscriber's system, or are otherwise not the fault of Smithville Digital.

Material and Product Requirements
	1.	Customers must ensure that all material and data placed on Smithville Digital's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on Smithville Digital's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material and remove it from our servers or disable it from being activated. Smithville Digital will notify the Customer immediately of the refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Smithville Digital .
	2.	Use of Smithville Digital's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Smithville Digital to provide this knowledge or customer support outside of the service defined in the Service Agreement.

Privacy
	1.	Smithville Digital will not sell or knowingly disclose its customer lists or customer e-mail or listserv address lists. We will attempt to protect the privacy of our Customers and information that is stored on our network. Smithville Digital will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
	2.	2. Smithville Digital will not monitor or disclose a Customer's private e-mail messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities.

Changes in Services
	1.	Smithville Digital reserves the right to add, delete, or change its services at any time. Smithville Digital shall strive to give at least thirty days' advance public notice before implementing such a change.
	2.	Smithville Digital reserves the right to refuse service to anyone for any reason.

THE USAGE POLICY DEFINES THE ACTIONS WHICH SMITHVILLE DIGITAL CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO SMITHVILLE DIGITAL'S CUSTOMERS.

If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to dslinfo@bluemarble.net and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Smithville Digital, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

Smithville Digital must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Specific questions about this policy or reports of activity in violation of this policy may be sent via e-mail to support@bluemarble.net.


	Digital Millennium Copyright Act Violations (DMCA)

1.		Smithville Digital will comply with all laws regarding the Digital Millennium Copyright Act (DMCA) and its provisions.

2.		The DMCA states that we are to disable a customer for a minimum of 10 days and maximum of 14 days, for any alleged violation of copyright infringement. The customer then must either remove the material in question or submit to us, in writing, a counter notification containing the following:

	a.		Customer’s physical or electronic signature;

	b.		Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

	c.		A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled; and

	d.		The customer’s name, address, and telephone number, and a statement that the customer consents to jurisdiction in the Federal District Court for the judicial district in which the customer’s physical address is located, or if the customer’s address is outside of the U.S., for any judicial district in which the ISP may be found, and that the customer will accept service of process from either the person who provided the notice of claimed infringement or an agent of that person.

3.		Once the counter notification is submitted to us, we will forward that to the complainant. The complainant then has the option to let the matter drop, or to file a court order against the customer.

4.		All notices of DMCA violations must be sent to our designated agent as listed below, otherwise the notice of alleged infringement is not considered a valid notice.

	e.		Tony Walton 1600 W Temperance St Ellettsville, IN 47429 812-876-2211 x 310 twalton@bluemarble.net