Acceptable Use Policy

Introduction

Infinity Solutions' Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Infinity Solutions' Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Infinity Solutions may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Infinity Solutions account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

Violations of Infinity Solutions' Acceptable Use Policy

1. Illegal use Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
2. Harm to minors Using the Services to harm, or attempt to harm, minors in any way.
3. Threats Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
5. Fraudulent activity Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
6. Forgery or impersonation Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
7. Unsolicited commercial email/Unsolicited bulk email Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
8. Unauthorized access Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Infinity Solutions' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
9. Copyright or trademark infringement Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Infinity Solutions is registered under the Digital Millennium Copyright Act of 1998.
10. Collection of personal data Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
11. Resale of Services Reselling the Services without Infinity Solutions’ authorization will be considered theft of Services by Infinity Solutions and is grounds for immediate termination of Services as well as any legal action or remedy that Infinity Solutions, at its sole discretion, may choose to pursue.
12. Network disruptions and excessive “sustained” use of Services Using the Services for any activity, which adversely affects the ability of other people or systems to use Infinity Solutions’ Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Subscribers responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
13. News Infinity Solutions Subscribers should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.
    
    Infinity Solutions considers "multiposting" to 10 or more groups within a two week sliding window to be excessive. Infinity Solutions servers currently limit the number of allowable "cross-posts" to 9.
    
    Infinity Solutions Subscribers may not cancel messages other than their own messages. A Subscriber may cancel posts forged in that Subscriber's name. We may cancel any postings which violate this AUP.
14. Unattended use of Long Dialup Connections Dialup accounts are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Subscribers may stay connected so long as they are actively using that connection for the above purposes. This means that the Subscriber is actively on the computer system accessing the Internet through Infinity Solutions’ service. Using the connection to “stream” content from the Internet to the Subscribers computer when the Subscriber is not actively in attendance of that computer (eg: playing audio streams over the internet while not sitting in front of your computer) is a violation of the this AUP. Subscribers may not use the Services on a standby or inactive basis in order to maintain a connection. Infinity Solutions reserves the right to end (hang up on) any Subscriber's connection following any extended period of inactivity as determined at the sole discretion of Infinity Solutions. Infinity Solutions also reserves the right to suspend or terminate Subscribers access to its’ Services if Subscriber does not adhere to this policy.
15. Connection of any virus infected computer It is Subscriber’s responsibility to ensure that any computer or device, which they connect to Infinity Solutions’ Services remain Virus free. While it is understood that from time to time any Subscriber’s computer systems may become infected with a virus, “worm” or “Trojan horse” which then tries to utilize Subscribers system to infect other systems on the Internet through Infinity Solutions’ Services it is the sole responsibility of Subscriber to remove any infected system from Infinity Solutions’ network and to “disinfect” them immediately after discovering an infected system or being notified that a computer or device using Subscribers connection to Infinity Solutions’ network is infected. While Infinity Solutions may, at its sole discretion and from time to time contact Subscribers if Infinity Solutions believes that a Subscriber has such a virus, this is solely as a courtesy and in no way an obligation on the part of Infinity Solutions to fix the Subscribers infected system Subscriber must either disinfect systems which may have become infected or, at its own expense, hire a third party to assist them in this process. Infinity Solutions reserves the right to suspend or terminate any account or access to its Services on which an infected system resides and which appears to be trying to infect other computers or systems on the Internet. Because many viruses act rapidly to try and infect many hosts on the internet it is critical that as soon as a system is identified as being infected that it be removed from the network – time is very much of the essence and Subscriber must take immediate steps to ensure that, at the very least, its computer or computers do not actively continue to infect others on the internet.
16. Open Mail Relays Any Subscriber, whether dialup or dedicated access, that runs a mail server must ensure that the server is not configured as an openrelay. An open-mail relay is a mail server that will accept an email from a third party (someone on the internet) and deliver to another third party (someone not on the subscribers internal network or computer). SPAMMERs look for such systems and drop thousands of junk emails on them, getting them to deliver the SPAM to other systems and users of the Internet. It is the responsibility of all Subscribers running mail servers to properly configure their servers to prevent open relaying. Infinity Solutions may, at its sole discretion, block all outgoing mail from any subscriber’s connection found to be an open-mail relay until Subscriber has taken steps, at its own time and expense, to properly configure their systems to prevent open-relaying.
17. News Feeds The use of any Infinity Solutions connection to download a Usenet News Feed is strictly prohibited. Subscriber may also use news client software to read and post news to any other news server on the Internet to which Subscriber has arranged access on, so long as Subscriber is doing so while in front of their computer (no “predownloading” of news or pictures from third party servers is permitted as this generates a sustained use of the connection). The automatic download of volumes of news articles to a Subscribers system (typically called a “news feed”) whose action results in continuous unattended flow of data into Subscribers systems is not allowed. Infinity Solutions may, at its sole discretion, suspend or terminate the connection of any Subscriber found to be pulling their own news feed.
18. Use of Robots, Agents or other Streaming Feeds The use of Robots or Agent programs which run unattended and are used to download large quantities of data, music, video or other shared files from the Internet are a violation of this AUP. This includes, but is not limited to Kazaa, Gnutella, and other automatic file-share/download programs. Use of any such program or process which open multiple concurrent connections to one or more other computers on the Internet are also a violation of the AUP policy. Such programs operate unattended and generate a constant flow of data from the Internet to a Subscribers system. In the case of streaming audio, any unattended use of this type of service results both in a huge use of Internet bandwidth as well as a total loss of such bandwidth (as unattended the ‘music’ isn’t heard by anyone). This would be similar to turning on the water faucet full blast and leaving the house – the water just gets wasted. Further, whether such a program accesses a single source or multiple sources concurrently, the amount of bandwidth consumed by a single Subscriber tends to be at the expense of other Subscribers, interfering with both Infinity Solutions’ Service as well at the use of those Services by other Subscribers. Infinity Solutions may, at its sole discretion, suspend or terminate Subscribers access who are found to be running unattended robots, agents or streaming feeds.
19. Open File Sharing/Network Drive Mapping It is Subscriber’s responsibility to ensure that any computer that it connects to Infinity Solutions’ Network that allows its disk drives to be shared or “mapped” assigns a password for read as well as read-write access to their system(s) to prevent third parties from accessing Subscribers computers and/or modifying / infecting those systems by being able to map and write files onto a Subscribers system. Subscriber, at its own time and expense, will ensure that computers it places on Infinity Solutions’ network, whether through dialup or dedicated connections, either have disabled drive mapping or have assigned passwords to prevent unauthorized third parties from gaining access to Subscribers systems. If Infinity Solutions, at its sole discretion, notices a violation of this nature and notifies Subscriber of a vulnerable/mappable system, Subscriber must take immediate steps at its own time and expense to remedy the situation. Infinity Solutions may, at its sole discretion, suspend or terminate access to its Services until the vulnerable system is properly fixed.
20. Sending and Receiving Email Subscriber may not post or transmit any file which contains viruses, worms, “Trojan Horses” or any other contaminating or destructive features. If Subscribers computer or mail system is found to be in violation of this section of the AUP Infinity Solutions reserves the right to block outgoing emails, suspend or terminate Subscribers access to our Services. If the transmitted emails containing the destructive element(s) are the result of a virus infection of Subscribers computer system(s) then Subscriber must take steps, at their own time and cost, to resolve the problem (see “Connection of any virus infected computer” above).
21. Confidentiality of Subscribers Login/Password All dialup Subscribers receive a login name and password to use to gain access to the Internet through Infinity Solutions’ Service. Subscriber and members of Subscribers household or business, if Subscriber has purchased a business account, are the only authorized users of Subscribers Infinity Solutions account and must comply with this Agreement. Subscriber must keep your password confidential so that no one else may access the Services through Subscribers account. Subscriber must notify Infinity Solutions immediately upon discovering any unauthorized use of Subscribers account so that Infinity Solutions can change the password on the account to prevent further unauthorized access. Subscriber remains responsible for any charges, including overage charges, which may be incurred through the use of Subscribers account.
22. Picking Up Email All Subscribers with email boxes on Infinity Solutions agree to pickup their mail in a timely fashion. Because mailboxes, like PO Boxes at a post office, are not infinite in size, Subscribers are expected to pick up their email and delete it from Infinity Solutions’ Servers within thirty (30) days of receipt of an email message. Infinity Solutions reserves the right, at its sole discretion, to delete any mailboxes whose mail has not been downloaded in more then sixty (60) days. Further, even if a Subscriber has selected the “leave mail on server” option, Infinity Solutions’ mail servers will delete any messages, which have been read from the mailbox but are more than sixty days old. Infinity Solutions reserves the right to reduce the term of this window from 30 days to a lower number.
23. USE OF A BURSTABLE CONNECTION IN A SUSTAINED FASHION The use of any DSL or high-speed connection to move data in a continuous or sustained fashion is a violation of Infinity Solutions’ AUP. High-speed connections, unless otherwise specified in writing, are priced and sold as burstable and not sustained connections. Such connections may be used “bursting” up to their maximal allowable bandwidth by Subscriber when the Subscriber is actively using the computers attached to the connection, but MAY NOT be used by unattended robots or programs, or used to stream audio, video, news feeds, other “constant” bandwidth over the internet. This would be equivalent to having a high pressure shower (your high speed connection to the Internet) and being allowed to take long high pressure showers, but not being allowed to leave that high pressure water running once you are done taking your shower (leaving the house for a long weekend and leaving the water running). Infinity Solutions reserves the right, at its sole discretion, to suspend or terminate any Subscriber using a burstable connection in a sustained fashion.

Reporting Violations of Infinity Solutions' AUP

Infinity Solutions requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: abuse@isnetworking.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Infinity Solutions may take any one or more of the following actions in response to complaints:

• issue warnings: written or verbal
• suspend the Subscriber's newsgroup posting privileges
• suspend the Subscriber's account
• terminate the Subscriber's account
• bill the Subscriber for administrative costs and/or reactivation charges
• bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Revisions to this Acceptable Use Policy

Infinity Solutions reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.

Revised:  3/26/2004

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