<nettime> Verio's Acceptable Use Policy

[Stefan Wray <swray@io.com>]

Let's examine Verio's Acceptable Use Policy to see if it is consistent or
inconsistent with its action of demanding that the entirety of /~rdom be
removed from the www.thing.net domain before returning service. - Stefan Wray

**************************************************************
Acceptable Use Policy [ http://home.verio.net/company/aup.cfm ]

As an Internet service provider ("ISP"), Verio offers its subscribers the
means to acquire and disseminate a wealth of public, private, commercial
and non-commercial information. Verio also wants its subscribers to be
fully informed of their rights and obligations -- and those of Verio -- in
connection with their use of the Internet. This Network Access Policy,
which supplements and explains certain terms of each customer's respective
services agreement (the "Services Agreement"), is intended as a plain
English guide to those rights and obligations. 

The fundamental fact about the Internet is that no one --neither Verio,
nor anyone else -- owns or controls it. This fact accounts for much of the
Internet's openness and value, but it also places a high premium on the
judgment and responsibility of those who use the Internet, both in the
information they acquire and in the information they disseminate to
others. When subscribers obtain information through the Internet, they
must keep in mind that Verio cannot monitor, verify, warrant or vouch for
the accuracy and quality of the information that subscribers may acquire.
For this reason, the subscriber must exercise his or her best judgment in
relying on information obtained from the Internet, and also should be
aware that some material posted to the Internet is sexually explicit or
otherwise offensive. Because Verio cannot monitor and censor the Internet,
and will not attempt to do so, Verio cannot accept any responsibility for
injury to its subscribers that results from inaccurate, unsuitable or
offensive Internet communications.

When subscribers disseminate information through the Internet, they also
must keep in mind that Verio does not review, edit, censor or take
responsibility for any information its subscribers may create. This places
on subscribers what will be, for most, an unfamiliar responsibility. When
users place information on the Internet, they have the same liability as
other authors for copyright infringement, defamation and other harmful
speech. Also, because the information they create is carried over Verio
facilities and may reach a large number of people, including both
subscribers and nonsubscribers of Verio, subscribers' postings to the
Internet may affect other subscribers and may harm Verio's goodwill,
business reputation and operations. For these reasons, subscribers violate
Verio policy and the Services Agreement when they, their affiliates or
subsidiaries engage in the following activities: 

     Spamming -- Unsolicited, commercial mass e-mailing (known as
     "spamming") is a strongly disfavored practice among Internet users
     and service providers. It is particularly harmful not only because of
     its negative impact on consumer attitudes toward Verio, but also
     because it can overload Verio's equipment and disrupt service to
     Verio subscribers. 

     Copyright Violation -- Violation of copyrights held by individuals
     and corporations or other entities can result in civil and criminal
     liability for the infringer, and can involve the ISP in litigation and
     possible loss of reputation. 

     Distribution and/or Transmission of Obscene or Indecent
     Speech or Materials -- Violation of indecency and obscenity laws
     can result in criminal penalties. 

     Defamation -- Defamatory speech distributed over the Internet can
     result in civil liability for the defamer and litigation against the ISP
     whose facilities were used to distribute the defamatory material. 

     Illegal/Unauthorized Access to Other Computers or Networks
     -- The illegal or unauthorized accessing (often known as "hacking")
     of computers or networks carries potential civil and criminal
     penalties under both federal laws and the laws of most states. 

     Distribution of Internet Viruses, Worms, Trojan Horses and
     Other Destructive Activities -- Distribution of Internet viruses,
     worms, Trojan horses and other destructive activities, such as
     hacking, can result in serious civil and or criminal liability under
     federal and state law. 

     Export Control Violations -- The law limits the ability of persons
     to export encryption software, over the Internet or otherwise, to
     points outside the United States. 

     Other Activities, whether lawful or unlawful, that Verio determines
     to be harmful to its subscribers, operations or reputation, including
     any activities that restrict or inhibit any other user from using and
     enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the subscriber. Verio will
not, as an ordinary practice, monitor the communications of its
subscribers to ensure that they comply with Verio policy or applicable
law. When Verio becomes aware of harmful communications, however, it may
take any of a variety of actions.  Verio may remove information that
violates its policies, implement screening software designed to block
offending transmissions, or take any other action it deems appropriate,
including termination of a subscriber's contract with Verio.

Verio also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching Verio's
facilities from those subscribers may have been originated by customers of
those subscribers or other third parties. Verio does not require its
subscribers who offer Internet services to monitor or censor transmissions
created by customers of its subscribers. At the same time, subscribers who
knowingly transmit materials that violate law or Verio policy are,
themselves, in violation of Verio policy. Similarly, Verio anticipates
that subscribers who offer Internet services will cooperate with Verio in
any corrective action that Verio deems necessary, in order to correct and
prevent the transmission of material that is harmful to Verio or its
subscribers.  Failure to cooperate with such corrective and preventive
measures is a violation of Verio policy.

Verio also is concerned with the privacy of on-line communications. In
general, the Internet is neither more nor less secure than other common
communications media, including mail, facsimile and voice telephone
service, all of which can be intercepted and otherwise compromised. As a
matter of prudence, however, Verio urges its subscribers to assume that
all of their on-line communications are insecure.

Verio can not take any responsibility for the security of communications
transmitted over Verio's facilities. Verio will comply fully, however,
with all applicable laws concerning the privacy of its subscribers'
on-line communications. In particular, Verio will not intentionally
monitor or disclose any private electronic mail messages sent or received
by its subscribers unless required to do so by law. Verio may, however,
monitor its service electronically to determine that its facilities are
operating satisfactorily. Also, Verio may be required to disclose
information transmitted through its facilities in order to comply with
court orders, statutes, regulations or governmental requests.  Finally,
Verio may disclose information transmitted over its facilities where
necessary to protect Verio and its subscribers from harm, or where such
disclosure is necessary to the proper operation of the system.

Verio expects that its subscribers who provide Internet services to others
will comply fully with all applicable laws concerning the privacy of
on-line communications. A subscriber's failure to comply with those laws
will violate Verio policy. Finally, Verio wishes to emphasize that in
signing the Services Agreement, subscribers indemnify Verio for any
violation of the subscriber of the Services Agreement, or of law or Verio
policy, that results in loss to Verio or the bringing of any claim against
Verio. This means that if Verio is sued because of activities of the
subscriber that violate any law, the Services Agreement or this policy
(which is part of the Services Agreement), the subscriber will pay any
damages awarded against Verio, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of
Internet users, including Verio and its subscribers, as responsible
members of the Internet.

Last Modified March 2, 1999



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