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Candledark.Net Policies -
Acceptable Use Policy
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Meeting & Exceeding Your
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Candledark.net's Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear understanding of what Candledark.net
expects of them while using the service. All users of Candledark.net's
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 Candledark.net Service constitutes acceptance and agreement to Candledark.net's AUP as well as
Candledark.net's 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. Candledark.net
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 Candledark.net account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Candledark.net's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of Candledark.net's 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
Candledark.net intends to provide its customers access to
everything the Internet has to offer. While Candledark.net is firmly
committed to the principles of free speech, certain activities that may be
damaging to the resources of both Candledark.net's network and the Internet and
cannot be permitted under the guise of free speech. The resources of Candledark.net
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 account to publish materia,
which Candledark.net 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 Candledark.net 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 support.
VIOLATIONS OF Candledark.net ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: Candledark.net's services may not
be used for illegal purposes, or in support of illegal activities. Candledark.net
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
Harm to minors: Use of the Candledark.net service to harm, or attempt to harm, minors in any way, including, but
not limited to child pornography.
Any site found to host child pornography or linking to the same will
be removed from our network immediately without notice. Upon a second
violation the account will be immediately terminated without notice.
Severe cases can result in immediate termination. Any implication of
underage content or misleading information perceived to be child
pornography will result in the same penalties. All violations will be
reported to the appropriate law enforcement agency.
Any account found to host "Lolita" type content or linking to
the same will be given one hour to remove the offending
content/domain. Upon a second violation the site will be removed
from our network immediately without notice. Subsequent violations can
result in the termination of the account without notice. Severe cases
can result in immediate termination. Any implication of underage
content or misleading information perceived to be underage content
will result in the same penalties. All violations will be reported to
the appropriate law enforcement agency.
Threats: Use of the Candledark.net service to
transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the Candledark.net service to
transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another.
Fraudulent activity: Use of Candledark.net 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."
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.
Unsolicited commercial e-mail / Unsolicited bulk
e-mail (SPAM) Use of the Candledark.net 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 Candledark.net account.
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 Candledark.net account.
E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission,
originating or passing through the Candledark.net service is in violation
of this AUP.
Usenet SPAMing: Candledark.net 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.
Unauthorized access: Use of the Candledark.net
service to access, or to attempt to access, the accounts of others, or
to penetrate, or attempt to penetrate, security measures of Candledark.net's 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 Candledark.net account is
subject to immediate termination.
Copyright or trademark infringement: Use of
the Candledark.net service to transmit any material (by e-mail, uploading,
posting, hot linking, directly linking 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.
Collection of personal data: Use of the Candledark.net
service to collect, or attempt to collect, personal
information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity:
Use of the Candledark.net service for any activity which affects the
ability of other people or systems to use Candledark.net 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. Candledark.net 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.
Net Send Spam: The use of the net send
utility to send unsolicited bulk communication is prohibited. This
technique may result in account suspension or termination. Violations
of this policy carry severe penalties, including termination of
service.
Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
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.
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.
Third Party Accountability: Candledark.net 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.
IRC networks: It
is absolutely forbidden to host IRC servers on the Candledark.net
network. It is absolutely forbidden to
host an IRC server that is part of or connected to another IRC network
or server. Accounts found to be connecting to or part of these networks
will be immediately removed from our network without notice. The
account will not be reconnected to the network until such time that you
agree to completely remove any and all traces of the irc server, and
agree to let us have access to your account to confirm that the content
has been completely removed. Any customer guilty of a second violation
will result in immediate account termination without refund.
Domains Chargeback Resolution: If the charge
for a domain or set of domains is charged back, Candledark.net has the
right to take control of the domain or set of domains that was paid
for by the disputed charge. Candledark.net will change the domain account
information as needed to take control of the domain or set of domains.
The user is not guaranteed to be contacted in the event that a
chargeback is received.
Peer to Peer Software (File Sharing):The use
of Peer to Peer or file sharing software to permit the sharing,
copying or distribution of unauthorized copyrighted material on the Candledark.net
service is prohibited. Use of such software could result in suspension
of service.
Security
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. Candledark.net 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.
Network Performance
Candledark.net 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 Candledark.net systems or networks. Candledark.net reserves the
right to terminate or limit such activities.
REPORTING VIOLATIONS OF Candledark.net AUP
Candledark.net requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department via support.
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. Candledark.net may take any one or
more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or
reactivation charges
- Bring legal action to enjoin violations and/or to
collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Candledark.net reserves the right to revise, amend, or
modify this AUP, our TOS (Terms of Service) 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 our TOS
(Terms of Service). |
