This document explains the Acceptable Use Policy for use of services provided by Flying Crocodile, Inc. (hereinafter known as Flying Crocodile) by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by Flying Crocodile. This document is maintained and published on-line on the Flying Crocodile home page at www.sextracker.com/aup.
All Customers of Flying Crocodile are required to be familiar with this policy. This document shall be sent via e-mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of Flying Crocodile services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.
This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from Flying Crocodile, and they shall remain in effect until Customer terminates his/her account or Flying Crocodile cancels Customer's account.
Flying Crocodile reserves the right to change the terms and conditions of use or its Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving Flying Crocodile proper written notice as directed herein.
Termination for Cause
Flying Crocodile may terminate an account at any time for any violation of this Acceptable Use Policy or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and Flying Crocodile will have no liability whatsoever.
Provision of Services
Flying Crocodile will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. Flying Crocodile services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Flying Crocodile. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.
Flying Crocodile welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by Flying Crocodile is beyond services offered to all customers by Flying Crocodile as part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate.
Security of Accounts
Flying Crocodile accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any Flying Crocodile services to obtain the passwords of other customers on Flying Crocodile or other systems. Customer agrees not to use Flying Crocodile services to make unauthorized attempts to access any systems and networks.
Use of Internet Services
Customer agrees not to use Flying Crocodile services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by Flying Crocodile as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.
Specific Acceptable Use Policies
Flying Crocodile believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. Flying Crocodile has no intention of infringing upon those rights.
Unauthorized use of other people's accounts or computers
Flying Crocodile will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to Flying Crocodile, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers.
With regards to Flying Crocodile's mail servers, Flying Crocodile places a high value on privacy, and will normally only examine Customers' mail to trouble shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order.
Flying Crocodile will not divulge Customer account information, except at the direction of a lawfully served warrant.
Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISP's that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple recipients is by itself "spamming", unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.
Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's valid account name in the header. You may use another existing Flying Crocodile or non-Flying Crocodile E-mail address in the "reply to" field as long as it is clear that the post came from your Flying Crocodile account. Use of standard "anonymous re-mailers" is allowed for private (noncommercial) E-mail and posting.
Flying Crocodile assumes no legal liabilities relating to Customer's use of Flying Crocodile's computer network and equipment. However, Flying Crocodile requires that its customers not use Flying Crocodile's network for illegal purposes. In any legal matters that result from a Customers action, Flying Crocodile is under no obligation to defend itself rather than settle. Any losses suffered by Flying Crocodile to settle or defend legal action, and all civil or criminal penalties inflicted on Flying Crocodile as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to Flying Crocodile. When presented with a search warrant, Flying Crocodile is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.
While Flying Crocodile recognizes that the legal status of the Internet has not yet been fully resolved, Flying Crocodile considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
Flying Crocodile makes no representations concerning any attempt to review the content of sites hosted on its servers, and so Flying Crocodile is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.
Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. Flying Crocodile will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.
Inappropriate use of Web Service
Flying Crocodile provides space for commercial web pages with some services. Flying Crocodile maintains no responsibility for the content of such pages. Flying Crocodile will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.
Flying Crocodile IRC rules
IRC client software is not allowed to be run through a shell account on any servers owned by Flying Crocodile. IRC client software must be run from the users own computer.
Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers, even if they are run from your own machine, are not allowed via a Flying Crocodile connection.
If Flying Crocodile receives a complaint, Flying Crocodile will investigate the abuse and, if a violation has occurred, may put the account on hold or remove the abusers account. Full payment for the entire contract term will still be due, even with no further services provided.
Customer agrees to abide by Flying Crocodile's interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask Flying Crocodile support staff for assistance.
Abuse of Flying Crocodile Services
Any use of Flying Crocodile system resources that disrupts the normal operation of the system or the use by other Flying Crocodile customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of Flying Crocodile computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or under other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to Flying Crocodile Management.
Discovering and Reporting Abuse
Violations of the Flying Crocodile conditions of use are unethical and may in some cases be criminal offenses. You are expected to report to Flying Crocodile any information you may have concerning instances in which the conditions of use have been or are being violated. When Flying Crocodile becomes aware of possible violations, Flying Crocodile will investigate. At the same time, in order to prevent further possible unauthorized activity, Flying Crocodile may suspend the individual account in question.
Confirmation of violations may result in cancellation of the individual account or reporting the abuse for criminal prosecution. The account suspension may be rescinded following resolution of the incident and payment of appropriate charges. Flying Crocodile reserves the right to monitor site activities when necessary to investigate possible violations of the conditions of use.
Customers may be charged Flying Crocodile's standard systems-consulting rate for Flying Crocodile employees' work to deal with abuse issues which were initiated by abuse of the customer's account.
When a Customer disrupts the system, Flying Crocodile uses the following procedures: A Systems Administrator or member of the systems staff attempts to contact the Customer by telephone or fax. If the problem cannot be resolved by phone or the Customer is unreachable, designated Flying Crocodile staff may do what is necessary to protect the Flying Crocodile site and systems and use of these facilities by others. Designated Flying Crocodile staff may disable the Customers account by putting the account on hold.
When the customer is contacted they may be sent a copy of this Acceptable Use Policy to sign and return to Flying Crocodile.
Once the signed statement is received, if reinstatement is appropriate, the Systems Administrator will take the Customer account off hold and thus re-enable the account. If no signed statement is received or the situation is not resolved to the satisfaction of Flying Crocodile Management, all customer files or other material will be deleted and the customer account will be purged. All amounts due through the end of any contract or already billedperiod will become immediately due and payable in full.
Offensive or Adult Materials
Flying Crocodile does not censor on the basis of politics, religion, sexual themes, or artistic content. Flying Crocodile has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. Flying Crocodile assumes no responsibility for any material or for monitoring or controlling access to such material.
Flying Crocodile makes no warranties of any kind, whether expressed or implied, for its services. Flying Crocodile specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Flying Crocodile will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or Flying Crocodile's errors or omissions. Flying Crocodile will not under any circumstances be responsible for consequential damages.
Flying Crocodile reserves the right to suspend or terminate accounts for any reason, if, in Flying Crocodile's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via Flying Crocodile access is regarded the same as using Flying Crocodile's site.
These rules cannot be superseded by any verbal agreements of Flying Crocodile employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.
The validity, construction and performance of this AUP and Customers agreement to abide by this AUP shall be governed by the laws of Washington State.
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.