Acceptable Use Policy

BEAR Technologies Internet Services

Acceptable Use Policy

  • CUSTOMER may not tamper with other accounts or commit unauthorized intrusion into any part of Bear Technologies system, or use any of BEAR Technologies machines, files, accounts, or networks to intrude without authorization into any other system.
  • CUSTOMER may not use BEAR Technologies services not included in CUSTOMER’S account, nor devise ways to circumvent security in order to access services CUSTOMER is not paying for. This clause includes, but is not limited to, the scanning of Bear Technologies or other networks with intent to breach and/or evaluate security.
  • CUSTOMER may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. CUSTOMERS may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.
  • BEAR Technologies will react strongly to the use or attempted use of Internet services or systems without the owner’s authorization. This clause includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, customers may not use programs, scripts, commands nor send messages with the intent to interfere with a user’s terminal session.

Email

  • CUSTOMER may not send unsolicited e-mail to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited e-mail. BEAR Technologies services should not be used to send unsolicited advertising messages to other network users.
  • CUSTOMER may not flood/spam newsgroups with commercial or non-commercial postings.
  • CUSTOMERS may not continue to send commercial e-mail to a recipient if recipient has requested that CUSTOMER discontinue such communication.
  • BEAR Technologies prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
  • The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is impermissible.
  • “Mailbombing” (i.e. flooding a user or site with large or numerous e-mail messages) is strictly prohibited.
  • CUSTOMERS may not forge header information.
  • BEAR Technologies prohibits the use of CUSTOMER’S account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
  • The rules and regulations contained within this Policy apply to other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phones.

General

  • Internet connections and all other services provided to the CUSTOMER by BEAR Technologies may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. BEAR Technologies reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement.
  • Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. Bear Technologies Corporation does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at CUSTOMER’S own risk.
  • Use of any information obtained via BEAR Technologies is at your own risk. BEAR Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  • Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
  • CUSTOMER agrees not to resell BEAR Technologies products without the prior written consent of BEAR Technologies.
  • If BEAR Technologies cancels CUSTOMER’S account for any reason, CUSTOMER agrees not to re-register without BEAR Technologies written consent. In the event CUSTOMER reregisters without BEAR Technologies prior written consent, BEAR Technologies will cancel CUSTOMER’S account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears will be made due and payable immediately.
  • Bear Technologies requires that CUSTOMER be qualified to contract. Bear Technologies cannot accept payments from persons who are not at least eighteen (18) years of age. CUSTOMER will be held responsible for keeping all billing data for BEAR Technologies accurate and up to date. False data supplied for the contract between BEAR Technologies and CUSTOMER will be grounds for account termination.
  • BEAR Technologies exercises no control whatsoever over the content of the information passing through it.
  • The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify BEAR Technologies from any and all liability, claim, loss, damage or expense arising out of CUSTOMER’S breach or violation of any covenant contained in this Policy, or resulting from the CUSTOMER’S use of the service.
  • CUSTOMER agrees to waive and hold BEAR Technologies harmless from any claims relating to any action taken by BEAR Technologies as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from BEAR Technologies as a result of the decision to remove material from its server, or to suspend or terminate CUSTOMER’S account

Policy Enforcement

When BEAR Technologies becomes aware of an alleged violation of its Acceptable Use Policy, BEAR Technologies will initiate an investigation. During the investigation the BEAR Technologies may restrict CUSTOMER’S access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, BEAR Technologies may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, BEAR Technologies will notify the appropriate law enforcement department of such violation.

Copyright Infringement

  • If BEAR Technologies becomes aware of material that could be infringing on a third party’s copyright, posted by CUSTOMER, it will initiate an investigation. If BEAR Technologies receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the CUSTOMER’S materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, Bear Technologies, in its discretion, may, at any time, deny access to the challenged material of CUSTOMER.
  • BEAR Technologies will notify CUSTOMER of the copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s).
  • BEAR Technologies shall have no liability, directly or indirectly, to Complainants or third parties for CUSTOMER’S infringing copyrighted materials. CUSTOMER shall reimburse BEAR Technologies for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

Recourse

IF ANY OF THE ABOVE OFFENSES OCCUR BEAR TECHNOLOGIES WILL TAKE THE FOLLOWING COURSE OF ACTION:

  • BEAR Technologies will look at each occurrence
  • Customer will receive a warning for the first offense
  • Customer will be charged a fee of $500 per occurrence
  • After a repeat violation of our policy, unless otherwise specified in this policy, Bear Technologies reserves the right to terminate service without notice.

Any party seeking to report any violations of BEAR Technologies policy may submit the violation to: abuse@bear.tech