TRACI's Acceptable Use Policy (the
"Policy") for TRACI Products and Services is designed to help protect
TRACI, TRACI's customers and the Internet community in general from
irresponsible or, in some cases, illegal activities. The Policy is a
non-exclusive list of the actions prohibited by TRACI. TRACI reserves the
right to modify the Policy at any time, effective upon posting at http://www.traci.net/aup.htm.
A customer's use of TRACI's services after changes to the AUP are posted
on TRACI's web site will constitute the customer's acceptance of any new
or additional terms of the AUP that result from those changes.
Prohibited Uses of TRACI's Products and
TRACI cannot be held responsible
for the content of pages hosted under our service. TRACI does not review
pages for content before they are posted and does not verify, endorse, or
otherwise take responsibility for the content of any user-created pages.
However, we reserve the right to remove any page from our servers which we
determine is violating our rules and guidelines. Users are solely
responsible for all files contained in their own directory, and can be
held legally liable for the contents of their Web site.
- Transmission, distribution or storage of
any material in violation of any applicable law or regulation is
prohibited. This includes, without limitation, material protected by
copyright, trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control
- Additionally you should be aware that the
transit of material into, or through, other countries may be required to
comply with the law in that country. In some cases this may include the
transmission of encrypted messages.
- The Customer acknowledges that TRACI is
unable to exercise control over the content of the information passing
over the TRACI network. Therefore TRACI is not responsible for the
content of any message whether or not the posting was made by a TRACI
- Knowingly engage in any activities that
will cause a denial-of-service (e.g., synchronized number sequence
attacks) to any TRACI customers or end-users whether on the TRACI
network or on another provider's network.
- Using TRACI's Services to interfere with
the use of the TRACI network by other customers or authorized
- The TRACI 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.
- In addition the Customer undertakes to
conform to the Internet protocols and standards.
- 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").
- Without prejudice to the foregoing, TRACI
considers that any application that overloads 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 TRACI is likewise prohibited.
- Customers who violate systems or network
security may incur criminal or civil liability. TRACI will fully
cooperate with investigations of suspected criminal violations,
violation of systems or network security under the leadership of law
- Obtaining or attempting to obtain service
by any means or device with intent to avoid payment.
- Unauthorized access, alteration,
destruction, or any attempt thereof, of any information of any TRACI
customers or end-users by any means or device.
- Customers are forbidden to send e-mail to
any person who does not wish to receive it (non opt-in). It is
explicitly prohibited to send unsolicited bulk mail messages ("junk
mail" or "spam") of any kind (commercial advertising, political tracts,
announcements,...) or to post the same or similar messages to large
numbers of newsgroups (excessive cross-posting or multiple-posting, also
known as "USENET spam").
- Customers are forbidden to advertise their website
in any third-party mailing that is sent to any person who does not wish to
receive it (non opt-in). Customers hosting these "Spamvertised" websites
must take action with the third-party to ensure that their website URL or
IP address is not mentioned in their mailings, regardless of the originating IP address.
- Unauthorized use, or forging, of mail
header information (e.g. "spoofing").
- Customers may not forward or propagate
chain letters, nor malicious e-mail.
- These rules apply to any Internet based
distribution medium and any application using the Internet as well (e.g.
usenet news, fax-like documents over the Internet).
- A customer may not solicit mail for any
other address other than that of the customer, except with full consent
of the owner of the referred address.
- Advertising, transmitting, or otherwise
making available any software, program, product, or service that is
designed to violate this AUP, which includes, but is not limited to, the
facilitation of the means to send e-mail spam, initiation of pinging,
flooding, mail-bombing, denial of service attacks, and piracy of
- Sending email designed to damage the target
system when executed or opened; for example, sending malicious programs
or viruses attached to an email.
- Sending email which is designed to cause
confusion, consternation, fear, uncertainty, or doubt, such as fake
- You must never subscribe anyone other than
yourself to a mailing list.
- Maintaining an open mail (SMTP)
TRACI recognizes and encourages the
role of the Internet as a valuable medium for responsible advertising and
marketing of commercial goods and services. Internet Direct
Marketing Companies which provide Mailing List
Subscriptions/Commercial/Opt-in E-mail services for third parties must
comply with the following guidelines
- Double opt-in subscription process is
- Recipients must be informed of how to
correctly and easily remove themselves (opt-out) from a mailing list in
the event that they alter or change email addresses, or wish to no
longer receive mailings.
- Always remind people that they have opted
in to your list.
- Customer must maintain a simple to use
- Opt-outs must be single opt-out, preferably
a one-click http link embedded in the message.
- Customer must maintain a master opt-out
list that is applied to all mailings.
- Customer must respond professionally and
courteously to all complaints.
- Customer must respond to all complaints
- If you do not already have a procedure for
handling complaints, you should create one.
- Customer must maintain and be able to
produce the following opt-in record information on demand: opt-in date,
first name, last name, subscriber opt-in e-mail address, referrer site name or URL.
- When a complaint is received, TRACI has the
discretion to determine from all of the available evidence whether the
email recipients were from a legitimate "opt-in" email list and take
appropriate action in accordance with this policy.
- An acceptable marketing database error rate
not to exceed 0.000001 % of total subscribers.
- Additional mailings sent after twenty four
hours of a recipient opting-out may result in a fine, temporary
disconnection, or termination of service.
Expectation of Privacy:
No Expectation of Privacy. You
should be aware that, although privacy issues are very important to us,
given the current regulatory and technical environment, you should not
have an expectation of privacy in your use of any service, your account or
any information associated with it. We cannot ensure that all private
communications will remain private. We encourage customers to employ
technical privacy solutions such as VPNs and e-mail encryption as
warranted. Further, we reserve the right to periodically monitor our
customers' network connections, equipment (including, without limitation,
any customer premise equipment in support of service), and network
traffic, and to gather information based on such monitoring, and to take
such other actions as TRACI shall solely determine to be necessary for the
purpose of ensuring network security and performance.
Each TRACI customer is responsible
for the activities of its customer base/representatives or end-users and,
by accepting service from TRACI, is agreeing to ensure that its
customers/representatives or end-users abide by this Policy. Complaints
about customers/representatives or end-users of a TRACI customer will be
forwarded to the TRACI customerís postmaster for action. If violations of
the TRACI Acceptable Use Policy occur, TRACI reserves the right to
terminate services with or take action to stop the offending customer from
violating TRACI's AUP as TRACI deems appropriate, without notice. TRACI at
its discretion, may implement technical mechanisms to prevent a Prohibited
If an abuse complaint is received
TRACI reserves the right to request information from the customer in order
to investigate the alleged complaint. Failure to provide the
requested information within 48 hours of the request may be grounds for
temporary disconnection of service until the requested evidence is
TRACI may terminate user accounts at
any time, without notice, for conduct that violates these guidelines or
for ANY other reason. TRACI may terminate user accounts and delete any and
all user information for conduct that TRACI believes is harmful to the
business of TRACI or to any of its users or partners. Web sites found
violating these items may be subject to immediate deletion and removal
from our servers, and their Webmasters subject to banishment from the