Acceptable Use Policy

Mosaic Data Services – Acceptable Use Policy (AUP)

Mosaic Data Services takes a zero-tolerance approach to spam originating from our Customers, or from our Customers’ customers, or for spam advertising web sites of our Customers or our Customers’ customers. Mosaic reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Mosaic staff.

Content Control

Mosaic Data Services exercises no control whatsoever over the content of the information passing through our Customer’s site(s) and that it is the sole responsibility of our Customers to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations.  The hosting of any material which is considered illegal is strictly prohibited. This includes pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is deemed illegal.  All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Prohibited Activities

Customer will not, and will not permit any persons (“Users”) using Customer’s online facilities and/or services, including, but not limited to, Customer’s Web site(s) and transmission capabilities, to do any of the following (“Prohibited Activities”):

• Send unsolicited commercial messages or communications in any form (“SPAM”).
• Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any DMCA complaint received will be investigated and may result in termination of service.
• Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
• Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto.
• Intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses.
• Engage in any activities or actions intended to withhold or cloak Customer’s or its Users; identity or contact information.
• Use the Mosaic Data Services connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like.
• Use the Mosaic Data Services connectivity services for the distribution or proliferation of any computer virus or worm.
• Assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User’s access to Customer’s online facilities.
• Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• The use of IRC software, Bit Torrent software, Proxy software, and automated “bots” is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. Mosaic will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction.

The Policy

• Mosaic Data Services has the right to charge $500 per complaint to investigate.
• Mosaic Data Services does not deal with our Customer’s customers or their customers. We expect our Customers to deal with spam from or advertising for sections of our Customers’ network, servers, web sites, etc.
• If Mosaic receives a complaint, we will forward it on to the Customer immediately.  Customer must respond to the complaint within 24 hours.  Mosaic reserves the right at its sole discretion to immediately suspend, terminate or blackhole the section of IP space involved in the complaint until we are convinced that the problem is resolved. In particular, we are concerned with complaints that not only originate from our Customers’ networks, but also advertise sites hosted on our Customers’ networks.  Any action take will be done without refund to the Customer and in the event that an illegal act has been performed, local and/or federal authorities may be notified.
•  We reserve the right, per our Terms of Service and in accordance with our Service Level Agreement (SLA) to immediately suspend, terminate or blackhole the section of IP space involved in AUP violation or Denial-of-Service attack if it is clear that the offending activity is causing great harm to parties on the Internet. Specific examples include, if open relays are on a Customer network or if denial of service attacks are originating from a Customer’s network.
• We reserve the right to scan email passing through Mosaic’s mail servers for viruses. If a virus is found, we will discard the email and notify the recipient of this action. Customer agrees that any discarded email is considered lost data under its contract(s) with Mosaic and that Mosaic is not liable for any such lost data.

NOTE: The MAPS RBL is used by our upstream providers to help reduce the amount of spam received by customers. Neither Mosaic Data Services nor our upstream providers can remove you, your customers, or remote sites from the RBL. Please contact the RBL workers at [email protected] with RBL-related questions.

What does this Mean?

• Customers must provide us with, and keep current, good contact information. E-mail and phones/cell phones are best, but we will attempt contact via pager as well.
• Customers must educate their customers about spam so that it does not become a problem for our Customer, or for us.
• Customers must IMMEDIATELY investigate and deal with any spam or other abuse complaints forwarded to Customer.
• Mosaic reserves the right to immediately suspend, blackhole or terminate Customers account or IP space if an offending activity is causing great harm to our network or infrastructure without refund.
• In the event that any illegal act has been performed, local and/or federal authorities may be notified.