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nuPHRAX AUP
Acceptable Use Policy





Part 1

I. Introduction

This Acceptable Use Policy applies to the use of computers and servers on the nuPHRAX 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 nuPHRAX, computing hardware, networks, and system administrators.

  1. Connection to nuPHRAX is a privilege, not a right. nuPHRAX 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 the nuPHRAX Staff.
  2. nuPHRAX is a moderated forum made possible by the donations of its service providers and volunteer staff. By connecting to the Network you accept that you are a guest on a private system. Your privilege of use may be cancelled at any time for any reason. You also accept that you have no claim to any data maintained by nuPHRAX that you have used.
  3. nuPHRAX 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 nuPHRAX, you may be exposed to content that is offensive, indecent or objectionable to you. Under no circumstances will nuPHRAX be liable in any way for any content, including, but not limited to, 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 nuPHRAX.
  4. nuPHRAX reserves the right to alter this AUP and any terms and conditions of service at any time without prior notice.
  5. This 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 nuPHRAX resource/service, and to each revision of the AUP that becomes effective subsequently. This version of the nuPHRAX AUP supersedes all earlier versions.
  6. 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. nuPHRAX will openly and fully cooperate with any duly authorized law enforcement agency in their efforts to enforce their laws.

  1. By using nuPHRAX, you agree to indemnify and hold harmless nuPHRAX, 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 nuPHRAX services in any manner, whether directly or indirectly or by any act or omission.
  2. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to:
    • your use of any nuPHRAX service,
    • the communications means by which you connect your terminal, personal computer or other device to nuPHRAX services or to any service provided to and by nuPHRAX.
    • the local nuPHRAX IRC Network server you connect to as stated or referenced to in its Message of the Day (/motd).
  3. Your rights herein granted cannot be transferred, assigned, shared, sold, or used by anyone other than yourself.
  4. nuPHRAX has the right to delete ALL data files, or other information that is stored in any database operated by a nuPHRAX officer or under the auspices of nuPHRAX once your nick/channel's registration has been terminated, by either you or nuPHRAX.
  5. No warranty is made by nuPHRAX 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, nuPHRAX or any other services provided by nuPHRAX. nuPHRAX hereby expressly disclaims any and all warranties, including but without limitation
    • any warranties as to the availability, accuracy, or content of information, products, or services; and,
    • any warranties of merchantability or fitness for a particular purpose.
  6. nuPHRAX 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.
  7. No agent, officer, or representative of nuPHRAX has any authority to bind nuPHRAX to any affirmation, representation, or warranty concerning the services provided by nuPHRAX.
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:

  1. Repeated unwanted communication to a user beyond that user's reasonably expected ability to deal with the situation (e.g. /ignore & /silence).
  2. The use of network resources to publicly (viewable from outside a channel; e.g. in a /topic) antagonize, defame, or demean any person.
  3. 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...
[Please 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 nuPHRAX's systems. Any attempt to circumvent the restriction will be considered trespassing.
The user is instructed to email ircadmin at nuphrax.com to facilitate the removal of the restriction and to once again be authorized to use the system.

nuPHRAX endeavors to allow all persons to be able to use its services in a free and unmoderated manner. However, nuPHRAX 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. nuPHRAX 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 user base.

The failure of nuPHRAX to exercise or enforce any right or provision of the AUP shall not constitute a waiver of such right or provision.


PART 2

Conduct Which Violates this Policy

Definition: An "account" with regard to any of nuPHRAX's services 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.

  1. Unauthorized access of a nickserv/chanserv account.
  2. Using nuPHRAX to gain unauthorized access to any computer systems.
  3. Connecting unauthorized servers to the network.
  4. 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.
  5. Knowingly or carelessly performing an act that will interfere with the normal operations of computers, servers, or processes on nuPHRAX.
  6. 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.
  7. Using nuPHRAX resources for commercial activity, such as advertising or selling a product, for the purpose of financial gain, without prior approval of the nuPHRAX administration.
  8. Forging the identity of a user or machine in an electronic communication.
  9. Displaying obscene, lewd, or sexually harassing images or text on a public channel without the prior consent of that channel's operators.
  10. Intentionally repeating or transmitting material in a rapid manner producing the affect of harassing a user by "flooding" them.
  11. 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.
  12. Using a channel for the primary purpose of facilitating the transfer of files.

Further Information

For further information on anything contained in this document, please email ircadmin at nuphrax.com.
or while online, /join #Help and ask to be contacted by nuPHRAX Staff.