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Orion Design Studios AUP was last updated January 1st, 2006.
Orion Design Studios Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear understanding of what Orion
Design Studios expects of them while using the service. All
users of Orion Design Studios Internet services: those who access
some of our Services but do not have accounts, as well as those who
pay a service fee to subscribe to the Services, must comply with
this AUP and our TOS (Terms of Service).
Use of Orion Design Studios Service constitutes acceptance and
agreement to Orion Design Studios AUP as well as Orion Design
Studios TOS (Terms of Service)
We support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or through
the services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may
remove any materials that, in our sole discretion, may be illegal,
may subject us to liability, or which may violate this AUP.
Orion Design Studios may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime
or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your Orion Design
Studios account or other actions.
This document is intended to provide a basic understand of Orion
Design Studios Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of Orion Design
Studios AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and
network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible
service provider
- Encourage responsible use of the Internet and
discourage activities which reduce the usability and value of
Internet services
- Preserve the value of Internet resources as a
conduit for free expression and exchange of information
- Preserve the privacy and security of individual
users
Orion Design Studios intends to provide its customers access to
everything the Internet has to offer. While Orion Design
Studios is firmly committed to the principles of free speech,
certain activities that may be damaging to the resources of both
Orion Design Studios and the Internet and cannot be permitted under
the guise of free speech. The resources of Orion Design
Studios and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of billing
records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if we
become aware of inappropriate use of our service.
You may not use your server to publish material, which Orion Design
Studios determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings, and
audio recordings.
If a Orion Design Studios account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of
inappropriate behavior and any necessary corrective action, however,
flagrant violations of the Acceptable Use Policy will result in
immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of
our right to do so at any time.
As a member of our network community, you must use your Internet
access responsibly. If you have any questions regarding this
policy, please contact us at administration@oriondesignstudios.com.
VIOLATIONS OF Orion Design Studios ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use:
Orion Design Studios services may not be used for illegal purposes,
or in support of illegal activities. Orion Design Studios
reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime or
civil wrongdoing.
2. Harm to minors:
Use of the Orion Design Studios service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
3. Threats:
Use of the Orion Design Studios service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
4. Harassment:
Use of the Orion Design Studios service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity:
Use of Orion Design Studios service 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. The use of anonymous
remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the Orion Design Studios service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of
the offending Orion Design Studios account.
IMPORTANT NOTICE:
Anyone hosting web sites or services on their server that support
spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their server/account immediately
removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree to allow
us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without notice
to the customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network without
notice.
8. E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail
services or news will result in the immediate termination of the
offending Orion Design Studios account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Orion Design
Studios service is in violation of this AUP.
10. Usenet SPAMing:
Orion Design Studios has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or mailing list or that
are solicited by the recipients are permitted.
11. Unauthorized access:
Use of the Orion Design Studios service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Orion Design Studios 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, is expressly prohibited
and the offending Orion Design Studios account is subject to
immediate termination.
12. Copyright or trademark infringement:
Use of the Orion Design Studios service to transmit any material (by
e-mail, 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.
The customer understands, acknowledges and agrees that by initial
and continued use of the services provided by Orion Design Studios,
hereinafter referred to as "Orion Design Studios", that he or she
agrees to, and is bound by the Orion Design Studios Digital
Millennium Copyright Act Policy.
The customer understands, acknowledges and agrees that Orion Design
Studios may revise policies, agreements and notices at any time
without notice and that he or she shall be bound by the policies,
agreements and notices as currently posted on the Orion Design
Studios website which as a whole shall constitute Orion Design
Studios Acceptable Use Agreement.
Orion Design Studios is committed to complying with U.S. copyright
law and expects all end users 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") to do the
same.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides
recourse for owners of copyrighted material who believe that their
rights under U.S. copyright law have been infringed on the Internet.
Under the DMCA, copyright owners may contact the authorized agent of
an Internet service provider to report alleged infringements of
their protected works appearing on Web pages hosted by the service
provider.
Upon receipt of a properly filed complaint satisfying the
requirements of the DMCA, Orion Design Studios will remove or block
access to the allegedly infringing material. If a Member or
user of the Orion Design Studios Service believes in good faith that
a notice of copyright infringement has been wrongly filed, such
person may submit a counter notice to Orion Design Studios.
Orion Design Studios will not be a party to disputes over alleged
copyright infringement.
This information should not be construed as legal advice to our
Subscribers or Visitors. If you believe that your copyrights
have been infringed, or if a notice of copyright infringement has
been filed against you, we advise that you seek legal counsel.
We are providing the following information to you for informational
purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Orion Design Studios is
violating your rights under U.S. copyright law, you may file a
complaint of such claimed infringement with Orion Design Studios
designated agent in by e-mail or fax:
administration@oriondesignstudios.com
(306) 565-3954
For your complaint to be valid under the DMCA, you must provide the
following information when providing notice of the claimed copyright
infringement:
a. A physical or electronic signature of a person authorized to act
on behalf of the copyright owner.
b. Identification of the copyrighted work claimed to have been
infringed.
c. Identification of the material that is claimed to be infringing
or to be the subject of the infringing activity and that is to be
removed or access to which is to be disabled as well as information
reasonably sufficient to permit Orion Design Studios to locate the
material.
d. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address.
e. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law.
f. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
For more details on the information required for valid notification,
see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA, claimants who make
misrepresentations concerning copyright infringement may be liable
for damages incurred as a result of the removal or blocking of the
material, court costs, and attorneys fees.
Counter Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you,
you may file a counter notification with Orion Design Studios
designated agent at the address listed above. Such counter
notification must contain the following information:
a. 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 Member has a good
faith belief that the material was removed or disabled as a result
of mistake or misidentification.
d. Your name, address, and telephone number, and a statement that
you consent to the jurisdiction of the federal district court for
the federal district in which you are located, and that you will
accept service of process from the complainant.
If Orion Design Studios receives a valid counter notification, the
DMCA provides that the removed material will be restored, or access
re-enabled.
Please be advised that U.S. copyright law provides substantial
penalties for a false counter notice filed in response to a notice
of copyright infringement.
This policy was last modified and published Saturday, September 6,
2003 and supercedes any and all previous policies governing the
Orion Design Studios Digital Millennium Copyright Act Policy.
13. Collection of personal data:
Use of the Orion Design Studios service to collect, or attempt to
collect, personal information about third parties without their
knowledge or consent.
14.IRC:
Use of IRC or IRC bots or clonebots is not allowed. An IRC bot
is a program which runs and is connected to an IRC server 24 hours a
day, automatically performing certain actions
15. Network disruptions and unfriendly activity:
Use of the Orion Design Studios service for any activity which
affects the ability of other people or systems to use Orion Design
Studios 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,
services or equipment is prohibited. It is the Member's
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. Unauthorized entry and/or use
of another company and/or individual's computer system will result
in immediate account termination. Orion Design Studios will
not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
16. Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving
it will act upon it.
17. Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
18. Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
19. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using Orion Design Studios services
could result in suspension service.
20. Third Party Accountability:
Orion Design Studios subscribers will be held responsible and
accountable for any activity by third parties, using their account,
that violates guidelines created within the Acceptable Use Policy.
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account.
In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another
network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using
your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security of
any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized
to access, or probing the security of other networks. Use or
distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or network
probing tools.
You 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.
Users who violate systems or network security may incur criminal or
civil liability. Orion Design Studios 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.
21. P2P File Sharing
Nothing such as Kazza or any P2P system may be used on any of our
services. Provision of such services will result in instant
termination of your account without refund.
22. No Very High CPU Usage Programs Allowed
23. No DDOS
If you are DoS’ed we reserve the right to suspend your account to
limit the attack. If you are found to of caused the DDOS your
account may be suspended or cancelled.
24. No Warez
25. No child pornography
26. No provision of free email services
27. No provision of shell accounts
Network Performance
Orion Design Studios accounts operate on shared resources.
Excessive use or abuse of these shared network resources by one
customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in
termination of your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively impact
other customers or the performances of Orion Design Studios systems
or networks. Orion Design Studios reserves the right to
terminate or limit such activities.
REPORTING VIOLATIONS OF Orion Design Studios AUP
Orion Design Studios requests that anyone who believes that there is
a violation of this AUP direct the information to the Abuse
Department at administration@oriondesignstudios.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
- E-mail with full header information provides
all of the above, as do system log files. Other situations will
require different methods of providing the above information.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Orion Design Studios reserves the right to revise, amend, or modify
this AUP and our other policies and agreements at any time and in
any manner. |
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