KREYNET ACCEPTABLE USE POLICY (AUP) VERSION 0.1 LAST UPDATE 2004/08/02 Content I. Introduction II. Rights and Responsibilities III. Enforcement IV. Conduct Which Violates this Policy V. Further Information I. Introduction This Acceptable Use Policy governs the use of computers and servers on the KreyNet Internet Relay Chat Network, including but not limited to, its chat-channels, forums, web pages, and e-mail services. As a user of these resources, you are responsible for reading and understanding this document. This document protects the users of KreyNet and the system administrators and their crew. Connection to the KreyNet IRC network is a privilege, not a right. KreyNet reserves the right to deny access to its network without advanced warning and without being under any obligation to provide a reason. KreyNet is an unmoderated forum made possible by the donations and goodwill of volunteer staff. By connecting to KreyNet you accept that you are a guest on a private system. Your privilege of use is revokable at any time for any reason. Further you accept that you have no claim to any data maintained by KreyNet that you have used. KreyNet does not control/monitor the content transmitted via its services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using KreyNet, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will KreyNet be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via KreyNet. KreyNet reserves the right to alter this AUP and any terms and conditions of service at any time without prior notice. However, a notice will be posted on the KreyNet Website as soon as possible. Notice is deemed given when sent. The KreyNet AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you use any KreyNet resource/service, and to each revision of the AUP that becomes effective subsequently. This version of the KreyNet AUP supersedes all earlier versions. The formation, construction, and performance of the AUP will be construed in accordance with the laws of Belgium. If any provision of the AUP is held invalid or unenforceable, the remainder of the AUP will nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will nevertheless remain in full force and effect in all other circumstances. II. Rights and Responsibilities This network can provide access to resources locally, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources, and observe all relevant laws, regulations, and contractual obligations. Since electronic information is volatile and easily reproduced, users must exercise care in acknowledging and respecting the work of others through strict adherence to software licensing agreements and copyright laws. KreyNet will openly and fully cooperate with any duly authorized law enforcement agency in their efforts to enforce their laws. By using KreyNet, you agree to indemnify and hold harmless KreyNet, its resource providers, officers, operators, administrators, and other agents from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber's use of KreyNet services in any manner, whether directly or indirectly or by any act or omission. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to 1. Your use of any KreyNet service 2. The communications means by which you connect your terminal, personal computer or other device to KreyNet services or to any service provided to and by KreyNet 3. The local KreyNet server you connect to as stated or referenced to in its Message of the Day (/motd). Your rights herein granted cannot be transferred, assigned, shared, sold or used by anyone other than yourself. KreyNet has the right to delete ALL data files, or other information that is stored in any database operated by a KreyNet administrator or under the auspices of KreyNet once your nick/channel's registration has been terminated, by either you or KreyNet. No warranty is made by KreyNet regarding any information, services or products provided through, in connection with, or located on the computer systems owned by, or operated under the auspices of, KreyNet or any other services provided by KreyNet. KreyNet hereby expressly disclaims any and all warranties, including without limitation: 1. Any warranties as to the availability, accuracy or content of information, products, or services 2. Any warranties of merchantabilitiy or fitness for a particular purpose. KreyNet shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure. No representative of KreyNet has any authority to bind KreyNet to any affirmation, representation, or warranty concerning the services provided by KreyNet. III. Enforcement Minor infractions of this policy, when accidental, such as connecting multiple clients, or flooding, are generally resolved informally by a network operator and may result in temporary removal from the network (/kill) or dealt with through electronic mail or on-line discussion and education. Repeated minor infractions or misconduct which is more serious may result in the temporary or permanent loss of server access (k-line) or network access privileges (g-line) or the modification of those privileges. More serious violations include, but are not limited to unauthorized use of: K-handles, attempts to steal passwords or data, repeated harassment, or threatening behavior. In addition the offender's service provider will most likely be informed. Harassment, as mentioned above, shall include, but is not limited to, the following: (*) Repeated unwanted communication to a user beyond that user's reasonably expected ability to deal with the situation (e.g. /ignore & /silence). (*) The use of network resources to publicly (viewable from outside a channel; e.g. in a /topic) antagonize, defame, or demean any person. (*) Transmitting, without consent, a person's private/privileged identification and/or financial information. Examples being: Real Name, Phone Number, Address, Social Security Number, Bank Accounts Numbers, Credit Card Numbers, etc ... [Note: Channels structured to facilitate harassment as detailed above are subject to closure.] Upon receiving a "g-line", the user is on notice that they are no longer authorized to access KreyNet's systems. Any attempt to circumvent the restriction will be considered trespass and subject to civil prosecution. The user is instructed to contact the server administrator to facilitate the removal of the restriction and to once again be authorized to use the system. KreyNet endeavors to allow all persons to be able to use its services in a free and unmoderated manner. However, KreyNet will exerciseits right to remove users at its own determination, when it feels that doing so benefits the community as a whole. There are times when accomplishing this requires restricting access to an entire ISP or even an entire country. KreyNet will make every effort to work with the affected ISP to track down and restrict just the offending individual(s) and once again allow access to the ISP's normal userbase. The failure of KreyNet to exercise or enforce any right or provision of the AUP shall not constitute a waiver of such right or provision. IV. Conduct Which Violates this Policy Conduct which violates this policy includes, but is not limited to, the activities in the following list: " Unauthorized access of a K-account. " Using KreyNet to gain unauthorized access to any computer systems. " Connecting unauthorized servers to the network. " Unauthorized attempts to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data. " Knowingly or carelessly performing an act that will interfere With the normal operations of computers, servers, or processes on KreyNet. " Knowingly or carelessly running any program that may damage or place excessive load on a server or the network. This includes, but is not limited to, mass-invites, mass-messages, and programs known as floodbots and clonebots. " Connecting an automated client (bot, fserv, etc..) to a KreyNet server without prior authorization by that server's administration. " Using KreyNet resources for commercial activity, such as advertising or selling a product, for the purpose of financial gain, without prior approval of the KreyNet administration. " Forging the identity of a user or machine in an electronic communication. " Displaying obscene, lewd, or sexually harassing images or text on a public channel without the prior consent of that channel's operators. " Intentionally repeating or transmitting material in a rapid Manner producing the affect of harassing a user by "flooding" them. " Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting any part of another user's K-account without the explicit agreement of the owner of that account. " Using a channel for the primary purpose of facilitating the transfer of files. " Using or advertising KreyNet resources for unlawful or illegal activities. V. Further Information For further information on anything contained in this document, please contact netcom@krey.net or while online, /join #services and ask to be contacted by a KreyNet administrator.