MindSpring's Appropriate Use Policy (AUP)

Our Appropriate Use Policy (AUP) is intended to help protect our customers, and the Internet community, from the inappropriate use of the Internet. A customer's use of MindSpring service constitutes acceptance of this AUP. We reserve the right to revise and update this AUP from time to time. For the most current version please go to http://www.mindspring.net/aboutms/policy.html. MindSpring expects our customers to cooperate with our TOS/Abuse department when requested to aid their investigations.

This AUP is divided into three sections:

  • Section 1. Violations and Descriptions of Appropriate Use
  • Section 2. Reporting to MindSpring's TOS/Abuse department
  • Section 3. Related MindSpring Documents and Policies

Section 1. Violations and Descriptions of Appropriate Use

  • General Violations
  • Network Disruptions
  • E-mail
  • News
  • Web
  • Internet Relay Chat (IRC)
  • Excessive Bandwidth or Disk Utilization



General Violations

Our AUP prohibits the following:

Impersonation/Forgery:
Adding, removing, or modifying identifying network header information ("spoofing") 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 and nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed provided appropriate contact information is contained in the body of the posting.

Privacy violations:
Attempts, whether successful or unsuccessful, to gain access to any electronic systems, networks or data, without proper consent, are prohibited.

Threats:
Threats of bodily harm or destruction of property are prohibited.

Harassment:
Threatening or harassing activity is prohibited.

Illegal Use:
The use of MindSpring service for illegal purposes is prohibited.

Reselling:
The resale of MindSpring service without proper authorization from MindSpring Enterprises, Inc. is prohibited.



Network Disruptions and Network unfriendly activity:

Any activities which adversely affect the ability of other people or systems to use MindSpring services or the Internet are prohibited. This includes "denial of service" (DoS) attacks against another network host or individual user.

Interference with or disruption of other network users, network services or network equipment is prohibited.

It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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.

Mail

Sending unsolicited commercial e-mail is prohibited.

Using a MindSpring e-mail or website address to collect responses from unsolicited commercial e-mail is prohibited.

Sending large volumes of unsolicited e-mail, whether or not that e-mail is commercial in nature, is prohibited.

Activities that have the effect of facilitating unsolicited commercial e-mail, or large volumes of unsolicited e-mail whether or not that e-mail is commercial in nature, are prohibited.

News

MindSpring customers should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup.

Newsgroup spamming: Spam is, first and foremost, a numerical metric-Posting substantively similar articles individually to multiple newsgroups is spamming by definition. This form of spam is sometimes referred to as "excessive multi-posting" (EMP). MindSpring considers "multi-posting" to 10 or more groups within a two week sliding window to be excessive. MindSpring servers currently limit the number of allowable "cross-posts" to 9.

Hostile attacks or invectives (flames) aimed at a group or an individual poster, are generally considered inappropriate in MindSpring service groups. Flames in the non-service groups are discouraged. Many news readers offer filtering capabilities that will bring certain messages to your attention or skip over them all together (kill files).

MindSpring customers may not cancel messages other than their own messages. A customer may cancel posts forged in that customer's name. MindSpring may cancel any postings which violate this AUP.

Web

Using a MindSpring website address or MindSpring hosted web account to collect responses from unsolicited commercial e-mail is also prohibited.

Internet Relay Chat (IRC)

The use of IRC bots is prohibited. The violation of any accepted policies on IRC servers is prohibited.

Excessive bandwidth or disk utilization

MindSpring account descriptions specify any limits on bandwidth and disk utilization. The use of bandwidth or disk space in excess of those limits is not permitted. Bandwidth utilization is determined by the total number of bytes transferred from an account's Web and FTP space. Disk utilization is determined by the total number of bytes required to store an account's Web, FTP, and Mail data.

If MindSpring determines that excessive bandwidth or disk space utilization is adversely affecting MindSpring's ability to provide service, MindSpring may take immediate action. MindSpring will attempt to notify the account owner by e-mail as soon as practicable.


Section 2. Reporting to MindSpring's TOS/Abuse department

MindSpring requests that anyone who believes that there is a violation of this AUP should direct the information to the AUP Abuse Staff at the appropriate address:

spaminator@mindspring.net
MindSpring customers who wish to report "spam" they have received from a non-MindSpring source should send copies of the email they received along with full header information to this address. These messages may not receive a response, but MindSpring may use the information received at this address to aid in the development of MindSpring's Spaminator(tm) filter lists.

abuse-email@mindspring.net
All issues involving other e-mail abuse originating from Mindspring e-mail or network addresses should be sent here.

abuse-news@mindspring.net
All issues regarding USENET "news" abuse issues originating from MindSpring customers should be sent here.

abuse@mindspring.net
All other issues should be sent here. These might include security concerns, general questions or other issues involving our Appropriate Use Policy ("AUP").

MindSpring may take any one or more of the following actions in response to compaints:

  • issue warnings: written or verbal
  • suspend the customer's newsgroup posting privileges
  • suspend the customer's account
  • terminate the customer's account
  • bill the customer for administrative costs and/or reactivation charges

What information should be submitted?

  1. The IP address used to commit the alleged violation
  2. The date and time of the alleged violation, including the time zone or offset from GMT
  3. Evidence of the alleged violation

E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.


Section 3. Related MindSpring Documents and Policies

Appropriate Use Policy http://www.mindspring.com/aboutms/policy.html

Service Agreement http://www.mindspring.com/prod-svc/users.html

Privacy Policy http://www.mindspring.net/prod-svc/privacy.htm

Core Values & Beliefs http://www.mindspring.net/aboutms/cvb

If you have questions or concerns regarding any of these policies, please contact MindSpring Customer Service at service@mindspring.net.



For information and support, contact MindSpring

© 1999 MindSpring Enterprises, Inc.