Acceptable Use Policy

Rake Mark’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Rake Mark expects of them while using the service. All users of Rake Mark’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Rake Mark Service constitutes acceptance and agreement to Rake Mark’s AUP as well as TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Rake Mark may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Rake Mark account without Prior notice.

This document is intended to provide a basic understand of Rake Mark’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Rake Mark’s AUP:

  • Ensure reliable service to our customers.
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others.
  • Comply with existing laws.
  • Maintain our reputation as a responsible service provider.
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information.
  • Preserve the privacy and security of individual users.

Rake Mark intends to provide its customers access to everything the Internet has to offer. While Rake Mark is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Rake Mark and the Internet and cannot be permitted under the guise of free speech. The resources of Rake Mark and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records.

You may not use your dedicated system or virtual site to publish material, which Rake Mark determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Rake Mark account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate the service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@rakemark.com.

The following constitute violations of this AUP:

  • Illegal use: Rake Mark’s services may not be used for illegal purposes, or in support of illegal activities. Rake Mark reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  • Harm to minors: Use of the Rake Mark service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Threats: Use of the Rake Mark service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property
  • Harassment: Use of the Rake Mark service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  • Fraudulent activity: Use of Rake Mark service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
  • Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
  • Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM): Rake Mark takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Rake Mark may not use or permit others to use our network to transact in UCE. Customers of Rake Mark may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violation of Rake M ark’s SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Rake Mark will initiate an immediate investigation (within 48 hours of notification). During the investigation, Rake Mark may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Rake Mark may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Rake Mark reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Rake Mark will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an “Administrative Fee” of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed £175 per hour that Rake Mark personnel must spend to investigate the matter.
  • E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Rake Mark account
  • E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Rake Mark service is in violation of this AUP
  • Usenet Spamming: Rake Mark has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  • Unauthorized access: Use of the Rake Mark service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Rake Mark’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Rake Mark account is subject to immediate termination.
  • Copyright or trademark infringement: Use of the Rake Mark service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • Collection of personal data: Use of the Rake Mark service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Network disruptions and unfriendly activity: Use of the Rake Mark service for any activity which affects the ability of other people or systems to use Rake Mark Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Rake Mark will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  • Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it
  • Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  • Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Rake Mark services could result in suspension service.
  • Third Party Accountability: Rake Mark subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
  • IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Users who violate systems or network security may incur criminal or civil liability. Rake Mark will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
As our Customers are ultimately responsible for the actions of their clients over the Rake Mark network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. I n addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

Network Performance

Rake Mark accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Rake Mark systems or networks. Rake Mark reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF Rake Mark AUP

Rake Mark requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@RakeMark.com

REVISIONS TO THIS ACCEPTABLE USE POLICY

Rake Mark reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).