BendTel Acceptable Use Policy

The acceptable use policy (AUP) below has the purpose to ensure a responsible use of the network and its resources, and to avoid practices which degrade the usability of the network. It concerns the image and reputation of BendTel as a responsible service provider by taking care of security, reliability and privacy of BendTel's systems and network.

The here under mentioned rules compose a policy for a use of the systems and the network that is considered to be acceptable. The Acceptable Use Policy (AUP) can be adapted to follow the evolution in technology, possibilities and Internet capabilities.

All Customers of BendTel are required to be familiar with this policy. This document is posted at the BendTel web site http://www.bendtel.com/aup.html and may be revised as necessary. Upon initial acquisition of BendTel service, the Customer shall be directed to this policy, and the Customer shall become responsible for its contents. Use of BendTel Internet services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.

BendTel believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. BendTel has no intention of infringing upon those rights.

Last Revision: Feburary 2^nd 2006

1. Overall Principle

1. The Customer may only use the network for lawful purposes. The use of the BendTel network or systems in violation of any federal, state, or local law is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. In addition the Internet use must be compliant with the terms and conditions of the BendTel service.
2. BendTel reserves the right to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.
3. The Customer will indemnify and hold BendTel harmless from any claim brought by third parties alleging that use of the network by the Customer has infringed any applicable United States or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including legal fees) and judgments finally awarded against BendTel arising from such claims. The Customer shall give BendTel notice of any claim he is involved with or aware of.
4. BendTel will not communicate its customers e-mail addresses or other personal identification to any third party without prior written approval. Exceptions are made within the scope of judicial investigations to which BendTel will fully co-operate.
5. Internet traffic passes through multiple networks from source to destination. BendTel cannot guarantee privacy of Customer traffic which passes over the Internet. BendTel will not be held responsible for the privacy of data transmitted or received by the Customer.

2. The Network

1. The Customer acknowledges that BendTel is unable to exercise control over the content of the information passing over the BendTel network. Therefore, BendTel is not responsible for the content of any message whether or not the posting was made by a BendTel customer.
2. The BendTel network may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks.
3. The Customer may not circumvent user authentication or security of any host, network, or account (referred to as ``cracking'' or ``hacking''), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
4. Customers who violate systems or network security may incur criminal or civil liability. BendTel will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.
5. BendTel will not tolerate the distribution of computer viruses, spyware, trojans, or other destructive programs.
6. Without prejudice to the foregoing, BendTel considers that any application which creates unnecessary or excessive load to the network by whatever means will be considered as making profligate use of the network and is as such NOT allowed. Use of IP multicast other than by means provided and coordinated by BendTel is likewise prohibited.
7. Harassment or abusive use of email, IRC, Instant Messaging, and other Internet services is a serious misuse of Internet resources. BendTel will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.
8. The Customer acknowledges that BendTel has no control over the privacy of the Customer's Internet traffic. Encryption techniques involving either IPsec, SSH, SSL or PGP are currently recommended for sensitive data.

3. Electronic Communications

1. It is explicitly prohibited to send unsolicited bulk mail and unsolicited bulk messages (``junk mail'' or ``spam'') of any kind (commercial advertising, political tracts, announcements.)
2. Customers are prohibited from forging header information.
3. It is explicitly permitted to send bulk mailings to individuals who have an existing relationship with you or your company. It is also permitted to send bulk mailings to individuals who have expressly solicited for information from you or your company, and only when that request came directly from the individual and not via a third party. BendTel considers the usage of solicitations obtained via third party to be a strong violation of our policy.
4. BendTel requires that bulk mailings provide a clear, simple, free, and effective procedure for removal from all future mailings.
5. Attempting to circumvent the above rules by using a non-BendTel Internet connection, by relaying messages through a third-party server, or by allowing a third party to originate the email or news posting is not acceptable. The Customer is in breach of this rule if an unsolicited bulk mailing directs viewers to material made available via services provided by the BendTel network (such as web hosting,) regardless of where the mailing originated, or from whom it was sent.
6. These rules apply to any Internet based distribution medium and any application using the Internet (including, but not limited to, email, Usenet news, web-based discussion forums, and instant messaging.)
7. Permitted bulk mailings must not utilize SMTP services provided by BendTel. If you wish to send accepted types of bulk email, you must provide your own SMTP services.
8. Email servers operated by BendTel customers must not use SMTP services provided by BendTel to relay mail for them.

4. Warranties

1. BendTel makes no warranties of any kind, whether expressed or implied, for its services. BendTel specifically disclaims any implied warranties of merchantability or fitness for any particular purpose.
2. BendTel will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or BendTel's errors or omissions.
3. BendTel will not under any circumstances be responsible for consequential damages.
4. BendTel reserves the right to suspend or terminate accounts for any reason, if, in BendTel's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components.

5. Applicability

1. This policy cannot be superseded by any verbal agreements of BendTel employees or customers.
2. Any agreement modification or special changes to this AUP must be in writing and signed by an official manager of BendTel.

6. Jurisdiction

The validity, construction and performance of this AUP and Customer's agreement to abide by this AUP shall be governed by the laws of the State of Oregon.

7. Severability

If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.

Questions about this policy should be sent via E-mail to noc at bendtel.com

Reports of activities considered to be violating this policy may be sent via email to abuse at bendtel.com.