The DALnet Acceptable Use Policy
v1.1
Last modified on Feb 3rd, 2003
Part 1
I. Introduction
II. Rights and Responsibilities
III. Enforcement
Part 2
Conduct Which Violates this Policy
Further Information
PART 1
I. Introduction
This Acceptable Use Policy governs the use of computers and servers on
the DALnet Internet Relay Chat Network, including but not limited to,
its chat forums, web pages, and e-mail services. As a user of these resources,
you are responsible for reading and understanding this document. This
document protects the users of DALnet, computing hardware and
networks, and system administrators.
Connection to the DALnet IRC network is a privilege, not a right. DALnet
reserves the right to deny access to its network without advanced warning
and without being under any obligation to provide a reason. Where a reason
is provided, it is done so at the discretion of DALnet.
DALnet is an unmoderated forum made possible by the donations of its
service providers and volunteer staff. By connecting to DALnet you
accept that you are a guest on a private system. Your privilege of
use is revokable at any time for any reason. Further you accept that
you have no claim to any data maintained by DALnet that you have used.
DALnet does not control/monitor the content transmitted via its services
and, as such, does not guarantee the accuracy, integrity or quality of
such content. You understand that by using DALnet, you may be exposed to
content that is offensive, indecent or objectionable. Under no
circumstances will DALnet be liable in any way for any content, including, but
not limited to, for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available via DALnet.
DALnet reserves the right to alter this AUP and any terms and
conditions of service at any time without prior notice. However, a
notice will be sent to the dalnet@dal.net mailing list at least 10
days in advance of such changes if possible. Notice is deemed given
when sent.
The DALnet AUP is under constant review. We consider comments from our
users and from experienced staff. We will change this document from
time to time. You are subject to the AUP in effect at the time you use
any DALnet resource/service, and to each revision of the AUP that
becomes effective subsequently. This version of the DALnet AUP supersedes
all earlier versions.
The formation, construction, and performance of the AUP will be construed
in accordance with the laws of California. If any provision of the AUP is
held invalid or unenforceable, the remainder of the AUP will nevertheless
remain in full force and effect. If any provision is held invalid or
unenforceable with respect to particular circumstances, it will nevertheless
remain in full force and effect in all other circumstances.
II. Rights and Responsibilities
This network can provide access to resources locally, as well as the
ability to communicate with other users worldwide. Such open access is
a privilege and requires that individual users act responsibly. Users
must respect the rights of other users, respect the integrity of the
systems and related physical resources, and observe all relevant laws,
regulations, and contractual obligations. Since electronic information
is volatile and easily reproduced, users must exercise care in
acknowledging and respecting the work of others through strict
adherence to software licensing agreements and copyright laws. DALnet will
openly and fully cooperate with any duly authorized law enforcement agency
in their efforts to enforce their laws.
By using DALnet, you agree to indemnify and hold harmless DALnet,
its resource providers, officers, operators, administrators, and
other agents from any and all claims, costs, expenses, judgments,
causes of action, attorney fees, litigation and court costs,
resulting from the subscriber's use of DALnet services in any manner,
whether directly or indirectly or by any act or omission.
You are solely responsible for the knowledge of and adherence to any
and all laws, statutes, rules and regulations pertaining to (1) your
use of any DALnet service, (2) the communications means by which you
connect your terminal, personal computer or other device to DALnet
services or to any service provided to and by DALnet, and (3) the
local DALnet server you connect to as stated or referenced to in its
Message of the Day (/motd).
Your rights herein granted cannot be transferred, assigned, shared, sold,
or used by anyone other than yourself.
DALnet has the right to delete ALL data files, or other information
that is stored in any database operated by a DALnet officer or under
the auspices of DALnet once your nick/channel's registration has been
terminated, by either you or DALnet.
No warranty is made by DALnet regarding any information, services or
products provided through, in connection with, or located on the
computer systems owned by, or operated under the auspices of, DALnet
or any other services provided by DALnet. DALnet hereby expressly
disclaims any and all warranties, including without limitation (i) any
warranties as to the availability, accuracy, or content of
information, products, or services; and, (ii) any warranties of
merchantabilitiy or fitness for a particular purpose.
DALnet shall have no liability for damages caused or allegedly caused
by any failure of performance, error, omission, interruption,
electrical surge or damage or interference, deletion, defect, delay in
operation or transmission, communication line failure.
No agent, officer, or representative of DALnet has any authority to
bind DALnet to any affirmation, representation, or warranty concerning
the services provided by DALnet.
III. Enforcement
Minor infractions of this policy, when accidental, such as connecting
multiple clients, or flooding, are generally resolved informally by a
network operator and may result in temporary removal from the network
(/kill) or dealt with through electronic mail or on-line discussion
and education.
Repeated minor infractions or misconduct which is more serious may
result in the temporary or permanent loss of network access privileges
(k-line) or the modification of those privileges. More serious
violations include, but are not limited to unauthorized use of
nickserv/chanserv accounts, attempts to steal passwords or data,
repeated harassment, or threatening behavior. In addition the
offender's service provider will most likely be informed.
Harassment, as mentioned above, shall include, but is not limited
to, the following:
(*) Repeated unwanted communication to a user beyond that user's
reasonably expected ability to deal with the situation (e.g.
/ignore & /silence).
(*) The use of network resources to publicly (viewable from outside
a channel; e.g. in a /topic) antagonize, defame, or demean any
person.
(*) Transmitting, without consent, a person's private/privileged
identification and/or financial information. Examples being:
Real Name, Phone Number, Address, Social Security Number, Bank
Accounts Numbers, Credit Card Numbers, etc ...
[Note: Channels structured to facilitate harassment as detailed
above are subject to closure.]
Upon receiving a "k-line", the user is on notice that they are no longer
authorized to access DALnet's systems. Any attempt to circumvent the
restriction will be considered trespass and subject to civil prosecution.
The user is instructed to contact kline@dal.net via e-mail to facilitate
the removal of the restriction and to once again be authorized to use the
system.
DALnet endeavors to allow all persons to be able to use its services
in a free and unmoderated manner. However, DALnet will exercise
its right to remove users at its own determination, when it feels that
doing so benefits the community as a whole. There are times when accomplishing
this requires restricting access to an entire ISP. DALnet will make every effort
to work with the affected ISP to track down and restrict just the offending
individual(s) and once again allow access to the ISP's normal userbase.
The failure of DALnet to exercise or enforce any right or provision of the AUP
shall not constitute a waiver of such right or provision.
PART 2
Definition: An "account" with regard to any of DALnet's services
(Nickserv, Chanserv, MemoServ etc) is the data within said services
that is designated for a specific user based upon their selected
nickname and/or channel. Access to an "account" is derived by appearing
with a recognizable user address and/or supplying an appropriate
password. Upon creating an account, the user assumes full responsibility
for the confidentiality of your account/password. You are responsible for
all uses of your account, whether or not actually or expressly authorized
by you.
Conduct which violates this policy includes, but is not limited to, the
activities in the following list.
* Unauthorized access of a nickserv/chanserv account.
* Using DALnet to gain unauthorized access to any computer systems.
* Connecting unauthorized servers to the network.
* Unauthorized attempts to circumvent data protection schemes or
uncover security loopholes. This includes creating and/or running
programs that are designed to identify security loopholes and/or
decrypt intentionally secure data.
* Knowingly or carelessly performing an act that will interfere with
the normal operations of computers, servers, or processes on DALnet.
* Knowingly or carelessly running any program that may damage or
place excessive load on a server or the network. This includes, but is
not limited to, mass-invites, mass-messages, and programs known as
floodbots and clonebots.
* Connecting an automated client (bot, fserv, etc..) to a DALnet
server without prior authorization by that server's administration.
* Using DALnet resources for commercial activity, such as advertising
or selling a product, for the purpose of financial gain, without prior
approval of the DALnet administration.
* Forging the identity of a user or machine in an electronic
communication.
* Displaying obscene, lewd, or sexually harassing images or text on a
public channel without the prior consent of that channel's operators.
* Intentionally repeating or transmitting material in a rapid manner
producing the affect of harassing a user by "flooding" them.
* Attempting to monitor or tamper with another user's electronic
communications, or reading, copying, changing, or deleting any part of
another user's nickserv/chanserv/memoserv account without the explicit
agreement of the owner.
* Using a channel for the primary purpose of facilitating the transfer
of files.
For further information on anything contained in this document, please
contact help@dal.net or while online, /join #operhelp and ask to be
contacted by a DALnet administrator.
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(c) 2001-2003 DALnet IRC Network
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