Raffa, PC and Raffa Technology and its affiliates ("RAFFA") provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting and server collocation arrangements, ATM, Frame Relay, T1, T3, ISDN, aDSL, sDSL, voice and other data, online, Internet-related and telecommunications services (each, a "Service" and collectively the "Services").
This document defines the Acceptable Use of the Services with a view toward ensuring the integrity, security, reliability and privacy of RAFFA’s networks, systems, products, services, server hosting facilities and data contained therein (collectively, the "RAFFA Network").
RAFFA's Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using RAFFA Network and Services, regardless of the source of said content and messages. RAFFA 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).
For the purposes of this policy, a Customer is defined as any party who purchases a Service from RAFFA, or receives a Service from RAFFA on a pro bono basis.
B. Prohibited Activities
It is contrary to RAFFA policy for any of its Customers or other Service user 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 RAFFA's Services, Network and facilities and interferes with other Service users. Accordingly, these practices are prohibited:
1. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List");
2. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
3. Sending unsolicited commercial messages or communications in any form ("SPAM");
4. Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to RAFFA or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information;
5. Engaging in any other activity that:
- violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights);
- threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorization);
- attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
- otherwise degrades or interferes with other users' use of a Service;
- breaches a third party non-disclosure agreement or obligation, or
- violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.
7. 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.
C. Rights and Remedies
RAFFA may suspend and/or terminate a Customer's Service at any time for any material 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 RAFFA, in its reasonable discretion).
RAFFA 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.
RAFFA reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, RAFFA reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to RAFFA actual expenses incurred in preventing or responding to such activity, or (ii) up to $500, whichever is greater.
For complaints of SPAM only: In addition to any applicable charges described above, RAFFA reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified $10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase RAFFA costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical Internet applications).
Nothing in this Acceptable Use Policy limits RAFFA rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
D. Password Protection
Users are responsible for protecting their password(s) and for any authorized or unauthorized use made of their password(s). You will not use or permit anyone to use RAFFA's Service to guess passwords or access other systems or networks without written authorization. In the event a network or network device becomes compromised, RAFFA will assist in the tracking and/or expulsion of said offender at the network level to the extent RAFFA finds reasonable, at its sole and absolute discretion.
E. Access to the Internet Data Center
For Customers accessing the Internet Data Center (“IDC”), in addition to, and to the extent not in conflict with, the rules of the IDC, only those individuals identified in writing by RAFFA or by Customer on a customer registration form ("Authorized Personnel") may access the IDC. Customer shall deliver prior written notice to RAFFA 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 the IDC. Customer and its representatives may only access that portion of the IDC made available by RAFFA to Customer for the installation or access to Customer's equipment and use of the IDC Services (the "Customer Area"), unless otherwise approved and accompanied by an authorized RAFFA or IDC representative.
F. Use of the Internet Data Center Facility
Conduct at the Internet Data Center. For Customers accessing the IDC, in addition to, and to the extent not in conflict with, the rules of the IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by RAFFA and the IDC, and provided to Customer.
Customer and its representatives shall also not do or participate in any of the following:
- misuse or abuse any RAFFA property or equipment or any third party property or equipment;
- make any unauthorized use of or interfere with any property or equipment of any other RAFFA or IDC Customer;
- harass any individual, including RAFFA and IDC personnel and representatives of other RAFFA or IDC Customers;
- engage in any activity that is in violation of the law or aids or assists any unlawful activity while on the IDC premises, or in connection with the IDC Services.
- food and drink;
- tobacco products;
- explosives and weapons;
- hazardous materials;
- alcohol, illegal drugs and other intoxicants;
- electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;
- radioactive materials;
- photographic or recording equipment of any kind (other than tape back-up equipment).
Customer Equipment. For Customers accessing the IDC, in addition to, and to the extent not in conflict with, the rules of the 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 RAFFA) 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 RAFFA) 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 RAFFA with at least 72 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment.
H. Modification of This Policy
RAFFA reserves the right to change this policy from time to time without prior notice.
I. Scheduled Maintenance
The standard time for Scheduled Maintenance (the “maintenance window”) will be 04:00 to 08:00, Eastern Standard or Eastern Daylight time.
