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policy
Last Modified: 2005/7/1
A. General
The City of Chanute (“Chanute”)
provides to users a variety of information technology
related products and services, including such service as
internet access, connectivity and content delivery services,
various electronic mail (email) packages and services, world
wide web hosting arrangements, voice and other data, online,
internet-related and network services (each, a “Service” and
collectively the “Services”).
This Acceptable Use Policy (“AUP”) defines the Acceptable
Use of the Services with a view of ensuring the integrity,
security, reliability and privacy of the City of Chanute’s
network, systems, products, services, server hosting
facilities and data contained therein (collectively, the
“Chanute Infrastructure”). All users of the Chanute
Infrastructure 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 Chanute, as well as for providing
assistance to the City of Chanute in investigating and
resolving any issue. Customers of the City are responsible
for immediately reporting to the City of Chanute any issue
that could compromise the stability, service or security of
any user or system connected to the Chanute Infrastructure.
All users of the Chanute
Infrastructure are solely responsible for the content and
messages that they post, distribute or otherwise make
available using the Chanute Infrastructure and Services.
Chanute encourages its Customers to self-rate their websites
using a major rating agency such as the Internet Content
Rating Association (ICRA) (http://www.icra.org)
Users of the Chanute
Infrastructure are encouraged to review this AUP often for
changes or new information. Please send questions, comments,
or complaints regarding this AUP to: mailto:
abuse@Chanute.org.
For the purposes of this
policy, a Customer is defined as any party who purchases a
Service from the City of Chanute.
ANY INDIRECT OR ATTEMPTED
VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A
CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION
BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END
USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH
CUSTOMER OR CUSTOMER’S END USER AND CUSTOMER SHALL BE HELD
DIRECTLY ACCOUNTABLE THEREFORE.
B. Prohibited Activities
It is contrary to Chanute’s
policy for any of its Customers or other user(s) of a
Service to effect or participate in any of the activities
listed below (whether actual or attempted and whether
directly or indirectly) through a Service. Each of the below
practices (each, a “Prohibited Activity”) constitutes abuse
of Chanute’s Services, the Chanute Infrastructure and
facilities and/or interferes with other Service users.
Accordingly, the below practices are prohibited:
1. E-Mail Abuse
A. 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:
• Sending unsolicited mass or
commercial e-mail ("spamming") for any purpose whatsoever.
• Having third parties send out commercial emails on any
user's behalf. Using Chanute facilities to receive replies
from unsolicited emails (commonly referred to as "drop-box"
accounts).
• Configuring any email server
in such a way that it will accept 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.
B. 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 "verifiable opt-in"
process) must be adhered to in its entirety for any mass or
commercial email to be considered "solicited" by the City of
Chanute.
C. 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 the City of
Chanute with such records upon request of the City.
Subscriptions that do not have a specific recipient
generated email request associated with them are invalid,
and are strictly prohibited.
D. In the absence of positive,
verifiable proof to the contrary, the City of Chanute
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.
2. Usenet (also known as
Netnews or Newsgroups) Abuse
A. Chanute 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 Chanute’s network agree to adhere to such guidelines
unconditionally.
B. Without limitation of the
foregoing, it is strictly prohibited to engage in any of the
following activities:
• Making any posting for
commercial purposes (including without 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 does not include allowances
for such files.
• Canceling newsgroup postings
other than your own, or using auto-responders or cancel-bots
(except in cases of official newsgroup moderators performing
their duties).
• "Excessive Cross-Posting" (ECP) or "Excessive
Multi-Posting" (EMP), or "Usenet spam": the City of Chanute
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 the City 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 removal of newsgroups.
C. The legitimacy of a given
post or cancellation is generally determined by the official
newsgroup or mailing-list moderator, therefore, Chanute
usually defers to their judgment on these issues, however,
the City of Chanute retains the exclusive right to make
these determinations.
3. Other Forms of Abuse
A. Violating a law or
regulation (including, but not limited to, libel, slander,
invasion of privacy, harassment, obscenity, child
pornography, terrorist activity, export laws and
regulations, and infringement or misappropriation of another
party’s copyrights, trademarks, patents, trade secrets or
other intellectual property rights);
B. Threatening the integrity
and/or security of any network or computer system including,
but not limited to, Denial of Service Attacks (whether
intentionally or through neglect, of any other user, host,
or network), transmission of worms, viruses and other
malicious codes and accessing any device or data without
proper authorization;
C. Injecting, intentionally or
negligently, false or unauthorized network control data into
Chanute’s network, for instance in the form of incorrect
routing or DNS information.
D. Attempting to use the
Service in such a manner so as to avoid incurring charges
for or otherwise being required to pay for such usage;
E. Otherwise degrading or
interfering with other users’ use of a Service;
F. Breaching a third party
non-disclosure agreement or other obligation of
confidentiality;
G. Violating generally accepted
standards of Internet usage, which are published from time
to time by the Internet Engineering Task Force (http://www.ietf.org),
including, but not limited to, web page defacement, port and
network scanning, and unauthorized system penetrations. The
City of Chanute reserves the right, in its sole discretion,
to make a determination whether any particular conduct
violates such norms and expectations;
H. Violating public policy or
an international norm;
I. Violating the acceptable use
policy(s) of a network to which a Customer connects; or
J. Engaging in any of the
activities listed in B1, 2, 3 above by using another
provider’s service, by channeling the activity through a
Chanute account, remailer, or otherwise through a Service.
C. Customer Duties and
Reporting Obligations
Each Customer is responsible
for providing assistance to the City in investigating and
resolving any issue, as Chanute may request from time to
time.
Customers of the City of
Chanute are responsible for immediately reporting to the
City any issue which could compromise the stability, service
or security of any user or system connected to Chanute’s
network.
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.
The prevention of
"unintentional attacks", such as infection and subsequent
propagation of computer viruses, is the responsibility of
every user. Anti-virus software should be installed on every
system which connects to Chanute’s network.
Users are responsible for
protecting their password and for any authorized or
unauthorized use made of their password. Customer will not
use or permit anyone to use the City’s Service to guess
passwords or access other systems or networks without
written authorization. In the event a network or network
device becomes compromised, Chanute will assist in the
tracking and/or expulsion of said offender on the network
level to the extent Chanute finds reasonable, at its sole
and absolute discretion.
D. The City of Chanute’s Rights
and Remedies
Chanute may suspend and/or
terminate, without liability, a Customer’s Service at any
time for any failure of Customer, its representatives or its
users to comply with this policy or for engaging (or
permitting others to engage) in a Prohibited Activity (as
determined by Chanute, in its reasonable discretion).
Chanute may deny all traffic
from known IP address blocks that support indiscriminate
port scanning programs such as ProxyHunter, or other
unlawful activity, for the purpose of preserving Customer’s
system and network resources.
Chanute reserves the right to
charge the Customer and Customer agrees to pay to the City
any and all third party costs, fines, fees or levies Chanute
incurs as a result of Customer or an end user engaging in a
Prohibited Act.
Chanute reserves the right to,
where feasible, implement technical mechanisms to prevent a
Prohibited Activity. Nothing in this Acceptable Use Policy
limits the City’s rights and remedies (available at law or
in equity) in any way with respect to any Prohibited
Activity.
E. Configuration
All systems which are managed
by the City of Chanute, and connected to the Chanute
Infrastructure shall be 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://ietf.org)
and shall be kept up to current patch levels as set by the
vendor. Systems connected to the Chanute Infrastructure
shall not be configured in any way that obscures
system-identity information.
F. Access to Internet Data
Centers
For Customers accessing
Internet Data Centers (IDCs), in addition to, and to the
extent not in conflict with, the rules of the individual
IDC, only those individuals identified in writing by the
City or by Customer on the Customer Registration Form
(“Authorized Personnel”) may access the IDCs. Customer shall
deliver prior written notice to the City of any changes to
the Customer Registration Form and the list of Authorized
Personnel. Customer and its representatives shall not allow
any unauthorized persons to have access to or enter any IDC.
Customer and its representatives may only access that
portion of an IDC made available by Chanute to Customer for
the placement of Customer's equipment and use of the IDC
Services (the “Customer Area”), unless otherwise approved
and accompanied by an authorized Chanute representative.
G. Use of Internet Data Center
Facility
Conduct at Internet Data
Centers. For Customers accessing IDCs, in addition to, and
to the extent not in conflict with, the rules of the
individual IDC, Customer and its representatives agree to
adhere to and abide by all security and safety measures
established by the City and set forth in the Customer Guide
provided by the City to Customer.
Customer and its
representatives shall also not do or participate in any of
the following:
1. misuse or abuse any City
property or equipment or any third party property or
equipment;
2. make any unauthorized use of
or interfere with any property or equipment of any other
Chanute Customer;
3. harass any individual,
including City personnel and representatives of other
Chanute Customers;
4. engage in any activity that
is in violation of the law or aids or assists any unlawful
activity while on City property or in connection with the
IDC Services.
Prohibited Items. For Customers
accessing IDCs, in addition to, and to the extent not in
conflict with, the rules of the individual IDC, Customer and
its representatives shall keep each Customer Area clean,
free and clear of debris and refuse. Customer shall not,
except as otherwise agreed to in writing by the City of
Chanute, (1) place any computer hardware or other equipment
in the Customer Area that has not been identified in writing
to the City of Chanute; (2) store any paper products or
other combustible materials of any kind in the Customer Area
(other than equipment manuals); and (3) bring any Prohibited
Materials (as defined below) into any IDC. “Prohibited
Materials” shall include, but not be limited to, the
following and any similar items:
1. food and drink;
2. tobacco products;
3. explosives and weapons;
4. hazardous materials;
5. alcohol, illegal drugs and
other intoxicants;
6. electro-magnetic devices
which could unreasonably interfere with computer and
telecommunications equipment;
7. radioactive materials;
8. photographic or recording
equipment of any kind (other than tape back-up equipment).
H. Equipment and Connections
Customer Equipment. For
Customers accessing IDCs, in addition to, and to the extent
not in conflict with, the rules of the individual IDC, each
piece of equipment installed in a Customer Area (the
“Customer Equipment”) must be clearly labeled with
Customer’s name (or code name provided in writing to the
City) and individual component identification. Each
connection to and from a piece of Customer Equipment shall
be clearly labeled with Customer’s name (or code name
provided in writing to the City of Chanute) and the starting
and ending point of the connection. Customer Equipment must
be configured and run at all times in compliance with the
manufacturer's specifications, including power outlet, power
consumption and clearance requirements. Customer must use
its best efforts to provide Chanute with at least 48 hours
prior notice any time Customer intends to connect or
disconnect any Customer Equipment or other equipment.
I. Modification of This Policy
The City of Chanute reserves
the right to change this policy from time to time.
J. Scheduled Maintenance
For information on scheduled
maintenance, please view the maintenance schedule posted on
the City of Chanute’s World Wide Web site,
http://www.chanute.org.
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