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Official Smartnet Acceptable Use Policy
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By establishing an account and/or by using any of the services provided by
Smartnet, the account holder, hereinafter referred to as "You", "Your" and
"User", agrees to be bound by the terms and conditions of this Policy as
outlined below.
1) Unless otherwise specified, users are permitted unlimited dialup
access. Unlimited dialup access is NOT equivalent to Dedicated Access as
users may not stay connected during periods of inactivity. Non-dedicated
users with an assigned, Static IP Address or Subnet are limited to 10
hours per day of dial-in access. This time allocation is cumulative over
the month. Access in excess of 300 hours in any one month period will be
subject to a fee of $1.00 per hour.
2) Dialup access numbers are categorized based on general geographic
areas. Local access may not be available to all exchanges within a
particular region or area. It is your sole responsibility to ensure that
the dialup access number you dial is included in the Local Calling Area for
the exchange you are dialing from. Smartnet accepts no liability for any charges,
long distance or otherwise, that result from calls made to our access numbers.
3) Unless specifically noted in the account description, multiple dialin
connections from a single account are strictly forbidden. Users are
permitted only ONE simultaneous dial-in and may connect to only one
modem/port per session. Violation of this policy, regardless of frequency,
will be subject to a fee equal to one month of service for each additional
simultaneous connection and may further result in account suspension or
termination.
4) Access to smart.net via telnet from other sites is always free (for
accounts that include shell access). Up to 3 simultaneous
telnet logins to smart.net are permitted, and are free of charge.
5) Idle dial-ins (for non-dedicated accounts) and logins for more than 90
minutes may be disconnected without warning.
6) Users may dial into any of our access numbers.
7) UNSOLICITED MASS EMAIL ("SPAMMING") IS NOT PERMITTED. Smartnet users
sending _unsolicited_ email to multiple recipients (Smartnet or
non-Smartnet addresses) WILL have any and all accounts with Smartnet
IMMEDIATELY TERMINATED without notice.
8) Smartnet reserves the right to terminate or suspend your account
without notice for any activity deemed unreasonable by Management or
System Administration staff. Such activity may include (but is not
necessarily limited to):
a. Security violation, defined as unauthorized access of this or any other
system using your Smartnet account, whether proven or strongly
suspected.
b. Giving your password to someone else.
c. Harassment of others in the Internet community by email, newsgroups,
IRC, or any other medium using your Smartnet account.
d. "Spamming", defined as unsolicited information or advertisement via
newsgroups or email, or propagation of such material, using your
Smartnet account.
e. IRC bots, floods, or DCC (sending/receiving of files over IRC) using
any Smartnet server. Any user account found to be the cause of the
"smart.net" domain being banned from any IRC channel or host will
be terminated.
f. Use of unauthorized software from your Smartnet Unix Shell account or
web page. If you are unsure if it is allowed, ask. Use of any program
designed to run as a server (does not require you to be logged in)
is prohibited.
g. Distribution or storage of illegal or pirated software with/from your
Smartnet account.
h. Non-payment of user fees, including declined credit cards or returned
checks.
9) All accounts and services, regardless of billing cycle or payment
method, renew automatically without notice. Unless otherwise noted,
Account fees are based on a recurring flat monthly rate and are due in
advance of the start of the service period. (e.g., monthly service from
October 9 to November 8 is due on or before October 8.) Fees for
usage-based services that are not included in the flat rate (such as
exceeding bandwidth or disk storage limits) will be billed retroactively.
The account holder is responsible for payment of all flat-rate fees,
regardless of whether or not the Account was used, and for payment of all
usage-based fees, until the account or service is canceled (see section
10 below) Returned checks are subject to a $25.00 processing fee.
10) Users may cancel at any time, without penalty, by notifying Smartnet.
Notification of intent to cancel should be made no more than 30 days in
advance of the service renewal date. Cancellation notifications are only
accepted by phone and are validated with an official cancellation number.
Monthly Account fees are NOT refundable or prorated. Accounts paid for the
year will be refunded based on payments made at the regular monthly rate.
Exception: Any fees paid or charged prior to termination of account due to
violation of this policy are NOT refundable.
11) Violation of any user policy will be handled in the following manner:
First Violation of any policy:
User will be warned via email of violation, and required to cease
such activity immediately.
Second Violation of any policy (not limited to a repeat of the first
violation):
User's account access will be suspended. It is the user's
responsibility to contact Smartnet for remedy. User's account
will be reactivated at the discretion of Smartnet Management
or System Administration staff. User is still responsible for
account fees while account is suspended, as account suspension
is NOT equivalent to cancellation.
Third Violation of any policy (not limited to repeat of the first two
violations):
User's account will be terminated.
Exceptions:
1) Violation of the "NO SPAMMING" rule will result in immediate account
termination.
2) Non-payment of account fees by due date may result in immediate suspension
of account without notice. Suspended accounts may be reactivated within 30
days with full payment of the past-due amount. Suspended accounts will be
permanently cancelled and deleted after 30 days.
12) Storage for Personal PPP accounts is limited to 5 MB average per
month, and includes your home directory, your anonymous FTP space, and
your email file. Excess storage is charged at a rate of $1 per MB per
month average, but is not guaranteed. Smartnet reserves the right to put a
5 MB quota on users' accounts that persistently violate the 5 MB limit. If
you find that you consistently require more than 5 MB of storage, consider
upgrading your account to a Business Account, which includes an additional
10 MB of storage, among other features.
13) A Backup Recovery Fee of $15 fee per 5 MB of files applies to the
restoration of files due to loss not caused by a Smartnet hardware/software
failure.
14) Smartnet will attempt to provide the highest quality and reliability
of service, but service is not guaranteed. Loss of data or service due to
hardware, software, or other failure does not give the user the right to
compensation, financial or otherwise.
15) All rates and access policies are subject to change at any time. Users
will be given 30 days notice of change in user fees. Access policies are
subject to change without notice, and take effect upon posting.
AMENDMENTS:
As of January 1st, 1997, Basic PPP Accounts have no hourly limit.
As of April 1, 1997, all accounts, excluding Basic PPP, are permitted up
to 300 hours per month of access time.
As of August 26, 1998, section (4) is modified to to limit multiple
simultaneous telnet logins to a maximum of three.
As of December 9, 1999, section (9) amended to prohibit refunds for
accounts terminated due to Access Policy violations.
As of May 2, 2001, Sections (1) & (3) modified; Section (2) added.
As of July 31, 2001, Sections (9) modified to clarify account
renewals. Section (10) modified to clarify cancellation process.
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Billing: billing@smart.net
Webmaster: webmaster@smart.net