The policies which govern all EServer members.
The EServer offers its members, and their readers, the means to acquire and disseminate a wealth of public and non-commercial information. The EServer respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, the EServer reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, the EServer has developed policies which supplement and explain certain terms of each member's respective service agreement and is intended as a guide to the member's rights and obligations when utilizing the EServer's services. This policy will be revised from time to time. A member's use of the EServer's services after changes to the policy are posted on the EServer's web site, www.eserver.org, will constitute the member's acceptance of any new or additional terms of the policy that result from those changes.
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 members obtain information through the Internet, they must keep in mind that the EServer cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that readers may acquire. For this reason, the reader 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 the EServer cannot monitor or censor the Internet, and will not attempt to do so, the EServer cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When members disseminate information through the Internet, they also must keep in mind that the EServer does not review, edit, censor, or take responsibility for any information its members 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. Also, because the information they create is carried over the EServer's network and may reach a large number of people, including both members and nonmembers of the EServer, members' postings to the Internet may affect other members and may harm the EServer's goodwill, reputation, and operations. For these reasons, members violate the EServer policy and the service agreement when they, their members, affiliates, or subsidiaries engage in the following prohibited activities:
- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward the EServer, but also because it can overload the EServer's network and disrupt service to the EServer members. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, the EServer has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
- Noncommercial Use
- Members may not publish information for any form of commercial venture (including advertising) using the EServer's FTP, Windows Networking, AppleShare, SMTP or HTTP protocols. Members who wish to link to a commercial service on their own personal home page should feel free, so long as the link could not reasonably considered an advertisement. The EServer has a firm "no-commercial-use" policy.
- Intellectual Property Violations
- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. The EServer is required by law to remove or block access to member content upon receipt of a proper notice of copyright infringement. It is also the EServer's policy to terminate the privileges of members who commit repeat violations of copyright laws.
- Obscene Speech or Materials
- Using the EServer's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. the EServer is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the EServer's network.
- Defamatory or Abusive Language
- Using the EServer's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Disk Space
- Disk space on the EServer is shared cooperatively among our members. We do not impose individual disk quotas, but we ask members to be considerate about consuming large quantities of communal hard disk space.
- Forging of Headers
- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- 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"). Also, 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).
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, 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.
- Users may not map new domain names onto any of the EServer's IP addresses. We'll support third-level domain names, so we'll host sites such as mamet.eserver.org or tc.eserver.org, but not second-level domains such as yourdomain.org or yourdomain.com. Please contact us if you feel that your EServer-based website needs its own domain.
- Facilitating a Violation of this Policy
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, 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.
- Sharing Accounts
- Members should not give their login names and passwords to other people, or "share" member-level access to our system with people who do not have EServer accounts. We have a progressive "domestic partner" membership policy, are happy to set up course accounts, and will be happy to consider extending accounts to people who should have them.
- Other Illegal Activities
- Engaging in activities that are determined to be illegal, including 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 the EServer determines to be harmful to its members, operations, reputation, goodwill, or member relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the member. the EServer will not, as an ordinary practice, monitor the communications of its members to ensure that they comply with the EServer policy or applicable law. When the EServer becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
The EServer also is aware that many of its members are, themselves, providers of Internet services, and that information reaching the EServer's facilities from those members may have originated from a member of the member or from another third-party. The EServer does not require its members who offer Internet services to monitor or censor transmissions or web sites created by members of its members. The EServer has the right to directly take action against a member of a member. Also, the EServer may take action against the EServer member because of activities of a member of the member, even though the action may effect other members of the member. Similarly, the EServer anticipates that members who offer Internet services will cooperate with the EServer in any corrective or preventive action that the EServer deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of the EServer policy.
The EServer also is concerned with the privacy of online communications and web sites. 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. As a matter of prudence, however, the EServer urges its members to assume that all of their online communications are insecure. the EServer cannot take any responsibility for the security of information transmitted over the EServer's facilities.
The EServer will not intentionally monitor private electronic mail messages sent or received by its members unless required to do so by law, governmental authority, or when public safety is at stake. The EServer may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, the EServer may disclose information, including but not limited to, information concerning a member, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. The EServer assumes no obligation to inform the member that member information has been provided and in some cases may be prohibited by law from giving such notice. Finally, the EServer may disclose member information or information transmitted over its network where necessary to protect the EServer and others from harm, or where such disclosure is necessary to the proper operation of the system.
The EServer expects that its members who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A member's failure to comply with those laws will violate the EServer policy. Finally, the EServer wishes to emphasize that in signing the service agreement, members indemnify the EServer for any violation of the service agreement, law, or the EServer policy, that results in loss to the EServer or the bringing of any claim against the EServer by any third-party. This means that if the EServer is sued because of a member's or member of a member's activity, the member will pay any damages awarded against the EServer, plus costs and reasonable attorneys' fees.
We hope this policy is helpful in clarifying the obligations of Internet users, including the EServer and its members, as responsible members of the Internet. Any complaints about a member's violation of this policy should be sent to email@example.com.