Acceptable Use Policy (AUP)

ACCEPTABLE USE POLICY

This Acceptable Use Policy document (AUP), including the following list of Prohibited Activities, is an integral part of your Agreement with Endless Mountain CyberSPACE, Inc. (EMCS.NET). If you engage in any of the activities prohibited by this AUP document EMCS.NET may suspend or terminate your account.

Use of EMCS.NET's Service constitutes acceptance and agreement to EMCS.NET's AUP as well as EMCS.NET's TOS (Terms of Service)

EMCS.NET's Acceptable Use Policy (the "Policy") for EMCS.NET Services is designed to help protect EMCS.NET, EMCS.NET'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 EMCS.NET. EMCS.NET reserves the right to modify the Policy at any time, effective upon posting at http://www.emcs.net/AUP.htm.

Prohibited Uses of EMCS.NET Systems and Services:
1. 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 laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through EMCS.NET servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on EMCS.NET servers, is prohibited. EMCS.NET accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by EMCS.NET customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any EMCS.NET-hosted domain, or referencing any EMCS.NET account, is prohibited.

4. 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 send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any EMCS.NET customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the EMCS.NET network or on another provider's network.

10. EMCS.NET 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.

11. Using EMCS.NET Services to interfere with the use of the EMCS.NET network by other customers or authorized users.

12. Use of software or any device that would facilitate a continued connection on a dialup service, i.e. automated ping programs, while using EMCS.NET services could result in suspension of service.

Customer Responsibility for Customer's Users

Each EMCS.NET customer is responsible for the activities of its users and, by accepting service from EMCS.NET, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an EMCS.NET customer will be forwarded to the EMCS.NET customer's postmaster for action. If violations of the EMCS.NET Acceptable Use Policy occur, EMCS.NET reserves the right to terminate services with or take action to stop the offending customer from violating EMCS.NET's AUP as EMCS.NET deems appropriate, without notice.