 |
TERMS
OF SERVICE
Get
In Space’s Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what Get In
Space expects of them while using the service. All users of Get In Space
'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 Get In Space Service constitutes acceptance and agreement to Get
In Space 's AUP as well as Get In Space '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. Get In Space
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 Get In Space account or other actions as detailed in Section
3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of Get In Space 's Acceptable Use Policy. The following are guidelines
for the establishment and enforcement of Get In Space '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.
The Get In Space
intends to provide its customers access to everything the Internet has
to offer. While the Get In Space is firmly committed to the principles
of free speech, certain activities that may be damaging to the resources
of both the Get In Space and the Internet and cannot be permitted under
the guise of free speech. The resources of the Get In Space 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 dedicated
rack or virtual site to publish material, which Get In Space .com 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 Get In Space 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 abuse@Get In Space .com
VIOLATIONS OF Get In Space
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Get In
Space 's services may not be used for illegal purposes, or in support
of illegal activities. Get In Space 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 Get In Space service to harm, or attempt
to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the Get In Space 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 Get In Space service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of Get In Space 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 infrmation 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 Get In Space 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 Get In Space
account.
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 Get In Space account.
9. E-mail / Message Forging: Forging any message header, in part or whole,
of any electronic transmission, originating or passing through the Get
In Space service is in violation of this AUP.
10. Usenet SPAMing: Get In Space 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 Get In Space service to access, or
to attempt to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of Get In Space '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 Get In Space account
is subject to immediate termination.
12. Copyright or trademark infringement: Use of the Get In Space 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.
13. Collection of personal data: Use of the Get In Space service to collect,
or attempt to collect, personal information about third parties without
their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the Get In Space
service for any activity which affects the ability of other people or
systems to use Get In Space 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. Get In
Space 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.
15. Involves a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving it will act
upon it.
16. 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.
17. 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.
18. Inappropriate Use of Software: Use of software or any device that
would facilitate a continued connection, i.e. pinging, while using Get
In Space services could result in suspension service.
19. Third Party Accountability: Get In Space 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.
SPAM and Unsolicited Commercial Email (UCE):
Get In Space takes a zero
tolerance approach to the sending/transacting of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that customers
of Get In Space may not use or permit others to use our network to transact
in UCE.
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP or
the AUP of any other Internet Service Provider, which includes, but is
not limited to, the facilitation of the means to spam is stricly prohibited.
Customers
of Get In Space may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. (spamvertising)
In addition,
the following are also stricly prohibited
* offering for sale or otherwise
enabling access to bulk email lists
* software products or services that facilitate the sending of unsolicited
email
* software products or services facilitate the assembling of multiple
e-mail addresses ("spamware").
Violations of this policy carry severe penalties, including termination
of service.
* Violation of Get In Space 's SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our SPAM
policy, Get In Space will initiate an immediate investigation (within
48 hours of notification). During the investigation, Get In Space may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Get In
Space may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Get In Space reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. Get In Space will notify law enforcement officials if the
violation is believed to be a criminal offense.
* First violations of
this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users who
violate this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per hour that
Get In Space personnel must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account.
* As our Customers are ultimately responsible
for the actions of their clients over the Get In Space network, it is
advisable that Customers develop a similar, or stricter, policy for their
clients.
IP Addresses - Dedicated Servers and Server Colocation
While we will allocate
our customers an "limited" number of
IP addresses, our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find
that clients are using IP addresses where name-based hosting could be
used, we will revoke authorization to use those IP addresses that could
be used with name-based hosting.
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 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.
Get In Space 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
Get In Space 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 Get In Space systems or networks. Get In Space reserves the right
to terminate or limit such activities.
REPORTING VIOLATIONS OF Get In
Space AUP
Get In Space requests that anyone who believes that there is
a violation of this AUP direct the information to the Abuse Department
at abuse@Get In Space .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. Get In
Space may take any one or more of the following actions in response to
complaints:
* Issue written or verbal warnings
* Suspend the Member's newsgroup posting privileges
* 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
Get In Space 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.
Billing
Policies
1. Terms for Payment:
All payments shall be monthly by credit card on file, or in advance on
a yearly basis. No monthly invoices will be sent.The grant of any license
or right of copyright is conditioned on receipt of full payment.
2.
Default in Payment:
The Client shall assume responsibility for all collection of legal fees
necessitated by default in payment. Any delinquent account may be terminated
by Get In Space with no prior notice given!
3. Releases:
The Client shall indemnify Get In Space against all claims and expenses,
including reasonable attorney's fees, due to uses of which no release
was requested in writing or for uses which exceed authority granted
by a release.
4. Liability:
Client agrees to release Get In Space from any liability for content
hosted on Get In Space ’s computer network. The Client assumes
full liability for all content.
5. Termination of Contract / Cancellation:
The term of contract for all Get In Space services is year to year, however,
any client's service may be terminated by client with 90 day written
notice. If said client wishes, upon notice of termination by said client,
that services rendered by Get In Space be ceased immediately, an early
termination fee equal to three months of the contracted monthly fee will
be applied. If said client wishes to terminate 12 month contract in
advance of this annual agreement, any discounts applied at the time
of order are void and said client agrees to pay Get In Space the balance
of any discounts applied at the time of order. In the case that client
does not cancel service within 60 days of the anniversary date, the
contract will automatically renew for another 12 month term.Get In
Space reserves the right to hold any software or intellectual property
of the Client until such time as payment in full is received. Get In
Space agrees to refund set up and monthly fees if we fail to meet the
requirements of this contract within the first thirty days of the contract
period.
|
 |