Acceptable Usage Policy

All Login customers are responsible for reviewing and complying with this Acceptable Use Policy. Login customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to their users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of users who violate this policy. For the purposes of this Policy, “Customer” shall be defined to include Login’s customers and also a customer’s users and account holders. This Policy is subject to change with notice by publication on this Web site; customers are responsible for monitoring this web site for changes.

This Policy was last changed on September 20, 2001.The actions described below are defined by Login as “AUP violations” and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer’s responsibility to determine whether the use is permitted by contacting Login via electronic mail. The following activities are expressly prohibited, and Login expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but is not limited to, filtering, suspending, or terminating accounts, end-users or Customers that engage in system abuse or who refuse to address user abuse.In general, Login Customers may not use Login’s network, machines, or services in any manner which:

• violates any applicable law, regulation, treaty, or tariff;

• violates the acceptable use policies of any networks, machines, or services which are accessed through Login’s network;

• infringes on the intellectual property rights of Login or others;

• violates the privacy of others;

• involves the resale of Login’s products or services, unless specifically documented in a separate written agreement or in the initial Customer contract with Login;

• involves deceptive online marketing practices including, without limitation practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes;

• or otherwise violates this Acceptable Use Policy.

Prohibited activities also include but are not limited to, the following:

• unauthorized use (or attempted unauthorized use) of any machines or networks;
• attempting to interfere with or denying service to any user or host (e.g. denial of service attacks);

• falsifying header information or user identification information;

• introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);

• monitoring or scanning the networks of others without permission;

• attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access;

• executing any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer;

• attempting to circumvent Customer authentication or security of any host, network, or account (“cracking”);

• Using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet; sending unsolicited bulk email;

• maintaining an open mail relay;

• collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;

• transmitting or receiving copyright-infringing or obscene material;

• furnishing false or incorrect data on the signup form;

• or attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of Login’s products and services.

Dedicated and Co-location Customers Login dedicated Internet and co-located customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy. Login dedicated Internet and web hosting customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Login’s network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Login for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Login’s Acceptable Use Policy.

Reasonable steps include, but are not limited to, using ip verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate.   Email Sending unsolicited (“opt-out”) bulk email is prohibited. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Login, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to Customers or users who engage in the practice. Customers or users who send unsolicited bulk email from Login networks will be charged the cost of labor to respond to complaints, with a minimum charge of $500. Customers or users who send bulk email to “opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. The following actions are likewise prohibited:

• Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
• Using email to disrupt (e.g., mail bombing, “flashing,” etc.) is prohibited.
• Sending email with falsified header information.
• Sending email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised.
• Creating or forwarding chain letters, pyramid schemes, and hoaxes
• Using the Login or customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider.

Usenet newsgroups Customers and users should be familiar with the workings of Usenet by reading FAQs regarding Usenet at rtfm.mit.edu/pub/usenet-by-hierarchy/news/announce/newusers/ before becoming active participants. Login places the following restrictions on newsgroup postings by its users

• no illegal content, including pyramid/Ponzi schemes, infringing materials, or child pornography, is permitted;
• all postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole.;

• Commercial advertising is typically off-topic and/or a violation of charter in most Usenet newsgroups. Information about advertising on Usenet can be found in Joel Furr’s “Advertising on Usenet FAQ” http://www.furrs.org/FAQs/advo.htm. For more information on “spam,” see the FAQ on “Current Usenet spam thresholds and guidelines” http://www.faqs.org/faqs/usenet/spam-faq/ which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis, or visit spam.abuse.net/.

• Posting 20 or more copies of the same article in a 45-day period (“spamming”) or continued posting of off-topic articles after being warned is prohibited. Users who engage in spamming using Login networks will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of $500. Users who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Login, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to those users.

• Excessive crossposting (Breidbart Index of 20 or greater in a 45-day period) is prohibited. The Breidbart Index (BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article is crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16)=3+4=7. Crossposting articles to newsgroups where they are off-topic is prohibited; a good rule of thumb is that if you are crossposting to more than five newsgroups, it’s likely to be off-topic on at least one of them.

• Posting articles with falsified header information is prohibited. “Munging” header information to foil email address harvesting by “spammers” is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is acceptable, so long as the use is not otherwise a violation of this policy.

• Users may not issue cancellations for postings except those which they have posted themselves, those which have headers falsified so as to appear to come from them, or in newsgroups where they are the official moderator.

The World Wide Web and FTP The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material. Login reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on Login servers or “transclusioned” (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.  

Internet Relay Chat Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited.  

Servers and Proxies Users may not run on Login-owned servers any program which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Customers are responsible for the security of their own networks and machines. Login will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer’s system or account may result in suspension of services or account access by Login, for example, if a system is abused after becoming infected with Back Orifice or the NetBus trojan horse programs as a result of an Internet download or executing an email attachment. (See www.nwi.net/~pchelp/bo/bo.html ) Any programs, scripts, or processes which generate excessive server load on Login servers are prohibited and Login reserves the right to terminate or suspend any such program, script, or process.  

Unsolicited Bulk Email Support Services and Email Address Harvesting Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.   Referral ID Services Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Login. Customers must be able to provide visible evidence from the UBE-advertised link that a member of their referral ID service has had their membership terminated.  

Storing files The storage of any program, utility or file on Login’s servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Login’s servers.   Third Party Information Login does not provide any of your information to third parties other than as necessary to provide your services. Similarly Login does not respond to third parties claiming to represent you. If you wish to have us work with a third party which you would like to authorize, you must do so in an open ticket or in writing. All unsolicited third-party contact will not be acknowledged.   How to Contact Us To contact us with questions or comments regarding this Acceptable Use Policy or claimed violations of this Policy, please email legal@login.com. (c) 2002-2016 Login, LLC.