Acceptable Use Policy
All Pop Art customers are responsible for reviewing and complying with this Acceptable Use Policy AUP . Pop Art customers who provide services to their own users must take steps to ensure that their users comply with this Acceptable Use Policy.
The AUP is subject to change with notice by publication on the web at www.popart.com/utility/acceptable-use-policy.aspx; customers are responsible for monitoring this web site for changes. This policy was last changed on April 19, 2005. Pop Art's AUP is governed by the AUP's of its upstream providers. This document replaces all previous versions.
General Information
Pop Art customers may not use Pop Art's network, machines or services in any manner which:
- Violates any applicable law, regulation, treaty or tariff.
- Violates the acceptable use policies of any networks, machines or services that are accessed through Pop Art's network.
- Infringes on the intellectual property rights of others.
Prohibited activity includes but is not limited to unauthorized use or attempted unauthorized use of any machines or networks, denial of service attacks, falsifying header information or user identification information, monitoring or scanning the networks of others without permission, sending unsolicited bulk email, maintaining or exploiting an open mail relay, collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose, and transmitting or receiving copyright-infringing or obscene material.
Dedicated and Web Hosting Customers
Pop Art dedicated Internet and web hosting customers who provide services to their own users must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Pop Art's network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers*, provide a 24x7 contact address to Pop Art for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Pop Art's AUP.
*These reasonable steps include using IP verify unicast reverse path wherever it makes sense and using IP address filtering wherever it makes sense.
Email
Sending unsolicited "opt-out" bulk email is prohibited. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Pop Art, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to customers or users who engage in the practice. Users who send unsolicited bulk email from Pop Art accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Customers or users who send bulk email to "opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email.
Continuing to send someone email after being asked to stop is considered harassment and is prohibited. Using email to disrupt e.g., mail bombing, "flashing," etc. is prohibited. Sending email with falsified header information is prohibited. Chain letters, pyramid schemes and hoaxes are prohibited.
The World Wide Web and FTP
The web space and public FTP space included with a Pop Art account may not be resold or used for adult-oriented material. Pop Art reserves the right to require that sites using such web or FTP space which receive high amounts of traffic be moved to other servers.
Web pages and FTP files may not contain any material, text, or images, whether hosted on Pop Art servers or "transclusioned" images from another site displayed on the page which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright infringing or other illegal material. Those who believe users of Pop Art's services are infringing their copyrights must submit their complaints in writing to our Designated Agent to Receive Notifications of Claimed Infringement, Pop Art, 718 SW Alder Street, Suite 300, Portland, OR 97205, 503 242-4292, 503 242-2491 fax, abuse@popart.com.
Servers and Proxies
Users may not run on Pop Art servers any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others.
Customers are responsible for the security of their own networks and machines. Pop Art will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer's system or account may result in suspension of services or account access by Pop Art; for example, if a system is abused after becoming infected with Back Orifice or the NetBus trojan horse programs as a result of an Internet download or executing an email attachment. See http://www.nwi.net/~pchelp/bo/bo.html
Any programs, scripts, or processes which generate excessive server load on Pop Art servers are prohibited and Pop Art reserves the right to terminate or suspend any such program, script, or process.
Unsolicited Bulk Email Support Services and Email Address Harvesting
Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.
Storing Files
The storage of any program, utility or file on Pop Art's servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Pop Art's servers.
Third Party Complaints
Pop Art routinely receives at abuse@popart.com written complaints from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Due to the nature of Pop Art's business, in Pop Art's experience, most legitimate complaints and actual Prohibited Activity is conducted by Customers and users of Pop Art's Customers, not by Pop Art Customers themselves. Pop Art requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. Pop Art will take the following actions to document and resolve each Complaint received by Pop Art related to a Customer or its Users.
First Complaint
Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Pop Art will send a letter the "First Letter" to the complaining third party that describes Pop Art's policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Pop Art. Pop Art also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via email to its abuse address so that Customer can identify and remedy the Prohibited Activity. Pop Art's goal is to put the complainant directly in touch with the party in the best position to remedy the problem, Pop Art's Customer who has the relationship with the alleged violator.
Second Complaint
Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Pop Art will send a second letter the "Second Letter" with a copy of the second complaint to the Customer and request that Customer respond in writing to Pop Art with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to Pop Art's letter and remedy the Prohibited Activity within ten 10 business days, Pop Art will bill Customer in the following month $500 to cover Pop Art's administrative costs associated with the Prohibited Activities of Customer.
Third Complaint
Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Pop Art will send a third and final letter the "Third Letter" with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five 5 business days, Pop Art will terminate or suspend service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Pop Art will also bill its Customer $5,000 to cover administrative costs associated with the Prohibited Activities.
Suspension and Termination of Service
Pop Art reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations.