This ‘Acceptable Use Policy’ or ‘AUP’ of i3D.net, a Dutch corporation, applies to all services provided to Client by i3D.net and all other divisions and identities used by i3D.net. References hereinafter to i3D.net shall be taken to include reference to the foregoing terms. This AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of i3D.net. i3D.net may, from time to time and at the sole discretion of i3D.net, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses of i3D.net. i3D.net may also, from time to time and at the sole discretion of i3D.net, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to www.i3d.net or by notification to Client of the modified AUP. This AUP is not exhaustive.
Disclosure to Law Enforcement
Occasionally, i3D.net is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. i3D.net utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. i3D.net will notify customer of the information request if allowed by the subpoena.
Reporting Violation of the Acceptable Use Policy
i3D.net accepts reports of alleged violations of the acceptable use policy via email sent to abuse@i3D.net. Reports of alleged violations must be verified and must include name, contact information, IP address, and description of the violation. i3D.net will review submitted information and take appropriate action.
Violations
The following violations are considered a breach of our General Terms and Acceptable use Policy and will result in suspension or cancellation of services and any fees paid in advance of such suspension or cancellation are non-refundable:
SPAM/Unsolicited Commercial Email (UCE)/Unsolicited Bulk Email (UBE)
Violation of the CAN-SPAM Act of 2003 or any other applicable law regulating email services constitutes a violation of this AUP. A Client hosting websites or offering services on Client’s server supporting spammers or resulting in any of i3D.net’s IP space being listed in any of the various Spam Databases such as SpamHaus or black hole lists will have its service disconnected. A warning period of 24 hours is offered to the client to provide the opportunity to rectify the violation before the suspension takes effect. If the listing database incurs a de-listing fee, the costs will be charged to the responsible customer starting at a flat fee of € 100.=
Illegal Activities
Using i3D.net’s services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting or distributing, downloading, copying, caching, hosting or storing data, information or content which, in i3D.net’s sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Client shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of i3D.net services.
Threats
Using i3D.net’s services to transmit or store on a server any material that abuses, threatens or encourages bodily harm, destruction of property or any other type of harm or any material in violation of any duty under any law (including court order), contract or any fiduciary relationship.
Forgery or Impersonation
Adding, removing, modifying or forging any message header, network header, TCP/IP packet-header or any part of any header or information in any transmission, originating or passing through i3D.net services, in an effort to deceive or mislead another; impersonating or attempting to impersonate any person or entity in any transmission originating or passing through i3D.net’s services. Misleading or attempting to mislead any person or entity by use of incorrect identifying information.
Fraud/Fraudulent Activity
Using i3D.net’s services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using i3D.net’s services to effect a misrepresentation or misleading statement, writing or activity.
Interference
Interfering with, disrupting or adversely affecting, or attempting to interfere with, disrupt or adversely affect, the ability to use i3D.net’s services, the Internet or any other services or equipment (this includes Denial-of-Service attacks against another network, host or individual user); using i3D.net’s services to interfere with, disrupt or adversely affect, or to attempt to interfere with, disrupt or adversely affect, the service of any Client, Client’s sub-users, host, network or system, including, without limitation, via means of overloading, flooding, email bombing, news bombing, crashing or any similar activity; using i3D.net services to impede another person’s use of electronic mail services or news; using any program, or sending messages of any kind, designed to interfere with or disable a user’s session.
Unauthorized Access (Cracking/Hacking)
Accessing, corrupting or taking, or attempting to access, corrupt or take, any data, information or the accounts of others; logging into a server or account, or entering or using or attempting to enter or use another person’s or entity’s computer system which Client/Client’s Sub-User is not authorized to access, enter or use; penetrating or attempting to penetrate i3D.net security-measures or another person’s or entity’s computer software or hardware, electronic communications system, or telecommunications system or security; and any similar activity prohibited by law; Using i3D.net’s services to transmit or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity.
Infringement on Intellectual Property Rights
Using i3D.net’s services to transmit or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity.
Distribution of Unwanted Software
Using i3D.net’s services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems.
Harm to Minors/Child Pornography
Using i3D.net services to harm minors in any way or transmitting or storing on a server any child pornography as defined by Dutch law. It is Client’s obligation to maintain and enforce these provisions against all of Client’s Sub-users, to maintain its own abuse/postmaster email addresses for reporting abuses and to promptly and appropriately respond to all emails sent to these addresses. i3D.net will comply with all orders and obligations of any court or government agency. Please consult an attorney if you are uncertain of the legal status of any of your activities.
Please note that the Dutch version of the Acceptable Use Policy is binding. The English Acceptable Use Policy is a free translation of the Dutch “Beleidsregels”.
