Acceptable Use Policy and Terms of Service

Flexible Access Services & Technology, Inc. (FASTech) operate Navi.Net as an Internet service provider as part of FASTech's Internet and Internet-related services network. The FASTech Acceptable Use Policy has been formulated with the following goals in mind:

• Preserve the privacy and security of individual users
• Preserve the value of Internet resources as a conduit for free expression
• Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
• Ensure security, reliability and privacy of FASTech's systems and network, and the networks and systems of others
• Avoid situations that may cause FASTech to incur civil liability
• Maintain the image and reputation of FASTech as a responsible provider

Customers agree by connecting to FASTech's network to abide by this policy. FASTech will provide email notification to all customers of any significant changes. As such, customers agree to remain subscribed to the FASTech administrative announcement email list.

The Acceptable Use Policy below defines the actions which FASTech considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to FASTech customers. If you are unsure whether any contemplated use or action is permitted, please send mail to flexadmin@flexaccess.net and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by FASTech, or connected via the FASTech network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

• General Conduct
  1. Customers are prohibited from transmitting on or through any of FASTech' services, any material that is, in FASTech' sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  2. FASTech services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. FASTech reserves the right to remove such illegal material from its servers.
  3. The customer is responsible for keeping his billing data with FASTech up-to-date and accurate. Furnishing false data on any signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
  4. The customer is responsible for maintaining their account current. All payments are due by close of business on the last business day of the month. Failure to make payment will result in immediate suspension of the account, and all past and current due will be due immediately, including a $75.00 reactivation fee.
  5. The resale of FASTech products and services is not permitted, unless specifically permitted and documented in a written agreement.
  6. Accounts may be terminated by either party with 30 days' written notice, unless contracturally bound otherwise. Accounts must be current prior to termination.
• System and Network Security
  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account (cracking). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
  2. Customers 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.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
  4. Users who violate systems or network security may incur criminal or civil liability. FASTech 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.
• Domain Names

  Domain Names belong to the user who registers the Domain Name. Any ownership disputes will be handled in accordance with The Internet Corporation for Assigned Names and Numbers (ICANN) policies. All Domain Name holders who have registered through FASTech are required to have a signed copy of the Domain Registration Agreement on file with FASTech.

• Access Accounts
  1. FASTech dialup accounts are intended for use by the individual(s) registered in that account. Shell account users may not run programs which provide network services from their accounts, such as IRC or MUD servers.
  2. FASTech shell accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.
  3. FASTech accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of FASTech systems or networks is prohibited, and FASTech staff may take action to limit or terminate such programs.
  4. Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others.
  5. Customers are responsible for contacting local telephone service providers to verify if access numbers are toll-charge calls for their endusers. It is the Customer's sole responsibility to verify this information. FASTech are not responsible for any charges Customers or endusers may incur.
• Email
  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"), nor advertise or host websites associated with the sending of unsolicited bulk email messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it.
  4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
  5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
  6. Forging of header information is not permitted, nor utilizing a service that does so.
  7. FASTech accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
  8. These rules apply to other types of Internet-based distribution media as well, such as eFax (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below.
• USENET, Blogs, or other open Forums
  1. FASTech provides an uncensored access to the Internet. As such, FASTech does not control the content of the Internet postings available to its customers. FASTech is not responsible for the content of any posting, whether or not the posting was made by a FASTech customer.
  2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
  3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
  4. Customers are prohibited from posting chain letters of any type.
  5. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
  6. Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
  7. Customers are prohibited from forging header information, or utilizing a service that does so. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  8. A customer may not solicit mail for any other address other than that of the customer's FASTech account or service, with the intent to harass or collect replies after FASTech service has been terminated.
• IRC (Internet Relay Chat), Instant Messaging (IM), Chat Rooms
  1. FASTech is not liable for the content of any communications made on IRC, IM, or chat rooms (messaging systems).
  2. Customers may not attempt to impersonate others or use messaging systems anonymously by disguising their hostname or username.
  3. Customers are prohibited from using scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, flooding (rapidly entering text with the intent to fill the screens of others), flashing (disrupting terminal emulation), takeovers (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via 'ignore'), attempting to return to a channel after being banned from it, and other disruptive behaviors.
  4. IRC robots ("bots" or "clones") may not be run from FASTech shell accounts.
• Violations of These Policies
  1. The determination of violations of these policies is at the sole discretion of Flexible Access Services & Technology, Inc.
  2. Any customer who violates these policies will have their service terminated with no refunds if corrections are not made immediately upon notification by FASTech Any payments due will become due immediately.
  3. Any disputes must be provided in writing to FASTech within 10 days of discovery. Resolution of any disputes is at the sole discretion of FASTech
  4. Each violation not immediately corrected by the customer upon notification of the violation by FASTech will incur a cleanup cost of $1,000.00 plus labor at $150.00 per hour, payable upon receipt of invoicing. Any legal fees incurred by FASTech will also be charged to the violator.
  5. In the event that a violation may incur criminal or civil liability by the customer, FASTech will cooperate fully with any law enforcement agencies.
  6. All disputes will be governed and adjudicated by, and construed in accordance with, the laws of the State of Oregon, USA. Any civil actions will be adjudicated in the courts of the State of Oregon, USA.

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Reports of activity in violation of this policy may be sent in e-mail to abuse@flexaccess.net.

Maintained by flexadmin@flexaccess.net
Created January 28th, 1997.
Updated February 28th, 2007.