Violation of an upstream provider by a Servstra Client may result in the provider refusing to provide connectivity for that client.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that Servstra cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Servstra cannot monitor or censor the Internet, and will not attempt to do so, Servstra cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When clients disseminate information through the Internet, they also must keep in mind that Servstra does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Because the information they create is carried over Servstra's network and may reach a large number of people, including both clients and non-clients of Servstra, clients' postings to the Internet may affect other clients and may harm Servstra's goodwill, business reputation, and operations. Servstra is also bound by the AUPs of its up-line providers and may have to take action regarding a Client in order to comply with the up-line AUP. For these reasons, clients violate Servstra policy and the service agreement when they, their customers, their affiliates, or their subsidiaries engage in the following prohibited activities:

UBE:

Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward Servstra, but also because it can overload Servstra's network and disrupt service to Servstra's clients. Maintaining an open SMTP relay is likewise prohibited. When a complaint is received, Servstra has the discretion to determine from all of the evidence whether the client has violated this policy.

Intellectual Property Violations:

Engaging in any activity that infringes or misappropriates the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. Servstra is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement or other violations of the law. It is also Servstra's policy to terminate the privileges of clients who commit repeat violations of copyright laws.

Obscene Speech or Materials:

Using Servstra's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. In addition, Servstra is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Servstra's network.

Defamatory or Abusive Language:

Using Servstra's network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise prohibited.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:

Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are likewise prohibited.

Facilitating a Violation of the AUP:

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate Servstra's AUP is prohibited. This includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Usenet Groups:

Servstra reserves the right not to accept postings from newsgroups where we have actual knowledge or reasonably believe that the content of the newsgroup violates this AUP.

Illegal Activities:

Engaging in activities that are determined to be illegal is prohibited. This includes but is not limited to false advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that Servstra determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited.

Responsibility for avoiding the harmful or illegal activities is the responsibility of the client. When Servstra becomes aware of harmful activities, it may take any action to stop the harmful activity. This includes, but is not limited to, requiring the removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Servstra is aware that many of its clients are, themselves, providers of Internet services, and that information reaching Servstra's facilities from those clients may have originated from a customer of the client or from another third-party. Servstra has the right to directly take action against a customer of a client. Servstra may also take action against the Servstra client because of activities of a customer of the client, even though the action may affect other customers of the client. Similarly, Servstra anticipates that clients who offer Internet services will cooperate with Servstra in any corrective or preventive action that Servstra deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Servstra policy.

Servstra is also concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. Therefore, as a matter of prudence, Servstra urges its clients to assume that all of their on-line communications are insecure. Servstra cannot take any responsibility for the security of information transmitted over Servstra's facilities.

Servstra will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Servstra may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Servstra may also disclose information including, but not limited to, information concerning a client, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Servstra assumes no obligation to inform the client that client information has been provided, and in some cases may be prohibited by law from giving such notice. Finally, Servstra may disclose client information or information transmitted over its network where necessary to protect Servstra and others from harm, or where such disclosure is necessary to the proper operation of the system

Servstra expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. Failure on the part of a client to comply with those laws violates Servstra policy. Finally, Servstra emphasizes that in signing the service agreement, clients indemnify Servstra for any violation of the service agreement, law, or Servstra policy that results in loss to Servstra or the bringing of any claim against Servstra by any third-party. This means that if any legal action is brought against Servstra because of a client's or customer of a client's activity, the client will pay any damages awarded against Servstra, plus costs and reasonable attorneys' fees.

We hope the AUP is helpful in clarifying the obligations of Internet users, including Servstra and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to abuse@servstra.com.