Acceptable Usage Policy
Omega Systems Consultants, Inc. (Last Modified March 26,2019)
Introduction and Purpose
Each User that accesses or otherwise uses the Omega Systems Network agrees to be bound by this Acceptable Usage Policy (the “AUP”). The “Omega Systems Network” means all hardware, software, and other physical infrastructure: (i) owned or controlled by Omega Systems; (ii) used in connection with Omega Systems’ agreements with its customers; and (iii) every server or network of an Omega Systems customer connected to the Omega Systems Network. “User” means each individual or entity accessing the Omega Systems Network, regardless of whether the User is a customer of Omega Systems. Omega Systems’ customers are each responsible for all Users who obtain access to the Omega Systems Network through them or on their behalf.
This AUP is intended to and shall be interpreted in favor of: (i) the protection of Omega Systems and Omega Systems’ customers; (ii) the protection of the Omega Systems Network; (iii) maintaining the security and privacy of all data and information stored or accessed via the Omega Systems Network; and (iv) maintaining compliance with all laws and regulations.
Except as authorized by Omega Systems in writing, these activities shall be prohibited (the “Prohibited Activities”):
- Network Abuse
Users are prohibited from engaging in any activities that Omega Systems determines, in its sole discretion, to constitute network abuse, including:
- Introducing or executing malicious programs such as viruses, worms, Trojan Horses, and key loggers.
- Causing or initiating security breaches or disruptions of network communication or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the User;
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
- Interfering with or denying service to any user, host, or network other than the User’s host, such as a denial of service attack or distributed denial of service attack.
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
- Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
- Any other use of the Omega Systems Network that could damage, disable, overburden, or impair the Omega Systems Network or the systems of a third-party, or which otherwise interfere with authorized users of such systems.
- Compromised Security
- Users must use reasonable care to ensure the security of the Omega Systems Network. Users are solely responsible for any intrusions into, or security breaches of, any of their own hardware, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by an Omega Systems customer.
- Users are responsible for the security of data, accounts, and systems under their control.
- Users are expected to keep passwords secure and not to share account or password information with anyone, including other Users, co-workers, family, or friends. Providing access to another individual, either deliberately or through failure to secure its access, violates this AUP.
- Users shall comply with all password policies adopted by them, their employer, and the Omega Systems customer for whom access to the Omega Systems Network is provided.
- Unlawful Activity
- Users shall not allow the posting, transmission, or storage of data or content on or through the Omega Systems Network which, in Omega Systems sole determination, violates any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Laws”).
- Prohibited content includes, without limitation: (i) content or code that facilitates any violation of, or describe ways to violate, this AUP or any Applicable Laws; (ii) “harvested” addresses or information; (iii) “phishing” websites; (iv) “spamvertizing” sites; (v) any material constituting child pornography under the Applicable Laws.
- Intellectual Property Rights and Infringement
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on the Omega Systems Network any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Omega Systems may disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998, as amended.
- Spamming and Mass Mailing
- Users may not: (i) send unsolicited bulk messages over the internet (i.e., “spamming”); (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”); or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all legislation and regulations on bulk and commercial email, including the CAN-SPAM Act of 2003.
- Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for email information using a Confirmed Opt-In or Closed-Loop Opt-In processor that has made their email addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to Omega Systems upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Omega Systems will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
- IP Allocation
Omega Systems owns each IP address it assigns to its customer. Omega Systems’ customers shall not use IP addresses not assigned to it by Omega Systems. Omega Systems may suspend the network access of any server utilizing IP addresses outside of the assigned range.
- IRC Policy
Users may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet, and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service is prohibited. Harassing or abusive IRC activity is prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or using IRC BNC’s or other proxy and re-direction software. If IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other others on the Omega Systems Network, Omega Systems may null-route, filter, suspend, or terminate that User’s service.
- Examples of Prohibited Activities
Without limiting the foregoing descriptions of Prohibited Activities, these examples shall be considered Prohibited Activities:
- Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message.
- Creating or sending internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
- Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems.
- Soliciting the performance of any illegal activity, even if the activity itself is not performed.
- Threatening bodily harm, or encouraging bodily harm or property destruction.
- Harassing another, or encouraging harassing behavior.
- Engaging in outright fraud or otherwise using the Omega Systems Network to engage in scams like pyramid schemes.
- Collecting personal information about others without their knowledge or consent.
- Instructing others in one or more of the Prohibited Activities.
- Using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) or bestiality.
- Acting in any manner that might subject Omega Systems to unfavorable regulatory action, subject Omega Systems to any liability, or damage Omega Systems public image, reputation or goodwill.
- Creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
- Sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.
- Use of the Omega Systems Network to receive replies to unsolicited mass email.
- Forgery of email headers (“spoofing”).
- Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
- The configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
- Hosting web pages or providing services that support spam.
- Using the Omega Systems Network in a manner that causes Omega Systems to be “blacklisted” or blocked.
- Using the Omega Systems Network on behalf of, or in connection with, or reselling any service to persons or firms in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org.
Reporting and Enforcement
- Violations of the AUP
Omega Systems may enforce this AUP, with or without notice to a User, by any action it deems reasonably necessary, in its sole discretion, including, without limitation:
- Disabling access to a User’s content that violates this AUP.
- Suspending a User’s access to the Omega Systems Network on a temporary or permanent basis.
- Suspending all access of an Omega Systems customer to the Omega Systems Network on a temporary or permanent basis.
- Removing DNS records from the Omega Systems Network.
- Blocking mail or any other network service.
- Effecting IP address null routing.
- Issuing written or verbal warnings.
- Billing the User for administrative costs and/or reactivation charges.
- Omega Systems’ customer may be charged $100 upfront and $150 per hour thereafter for any necessary remedial actions if any User accessing the Omega Systems Network through such customer causes Omega Systems’ mail servers or IP address ranges to be placed on black hole lists or similar lists and systems.
- Bringing legal action to enjoin violations and to collect damages caused by violations.
- Reporting Violations
Violations of this AUP should be directed to Omega Systems’ Abuse Department at firstname.lastname@example.org. If available, please provide the following information:
- The IP address used to commit the alleged violation.
- The date and time of the alleged violation, including the time zone or offset from GMT.
- Evidence of the alleged violation.
- Omega Systems may investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on or associated with the Omega Systems Network.
- Users will cooperate and comply with any civil or criminal investigation regarding the Omega Systems Network or content on or transmitted using the Omega Systems Network, including, without limitation: discovery orders, subpoenas, freeze orders, search warrants, information requests, wiretaps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”).
- Omega Systems may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Omega Systems compliance with any Investigation.
- Omega Systems may comply with any Investigation without notice to a User.
- Omega Systems may disclose information relating to Users, the Omega Systems Network, or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed with an Investigation or to prevent the death of or bodily harm to any individual, as determined by Omega Systems in its sole discretion.
The remedial actions in this AUP shall not be construed to limit the actions or remedies that Omega Systems may take to enforce and ensure compliance with this AUP, including, without limitations, remedies available as a matter of law or under one or more agreements with its customers. Users who violate this AUP will indemnify, defend, and hold Omega Systems harmless from all expenses incurred as a result of such User’s violations. Omega Systems customers whose Users violate this AUP will also indemnify, defend, and hold Omega Systems harmless from all expenses incurred because of their Users’ violations.
- Non-obligation to Enforce
This AUP does not: (i) obligate Omega Systems to monitor, review, or police the data and content residing on the Omega Systems Network; or (ii) create any obligation or duty of Omega Systems to any party that is not an Omega Systems customer, including any third-party user. Unless notified, Omega Systems is not likely to know any violations of this AUP or any violations of law. Omega Systems expects all Users to notify it of any violations of law or violations of this AUP. OMEGA SYSTEMS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON THE OMEGA SYSTEMS NETWORK AND FOR THE ACTIONS OR OMISSIONS OF USERS.
- This AUP shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Disputes under this AUP will be brought exclusively in the state and federal courts with jurisdiction over Berks County, Pennsylvania, except that disputes between Omega Systems and its customers may instead be brought in the jurisdiction selected in any Master Services Agreement between Omega Systems and that customer. All Users agree to submit to the personal and exclusive jurisdiction of such courts.
- Omega Systems’ failure to exercise or enforce any right or provision of this AUP shall not constitute a waiver of such right or provision.
- If any provision of this AUP is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to this AUP for the express purposes set forth above and that the other provisions of this AUP shall remain in full force and effect.
- Omega Systems reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of this AUP at any time. Any such amendment will take effect immediately upon posting changes to Omega Systems’ website.
Omega Systems Consultants, Inc.
Information We Collect
- Your Registration Information. If you provide your name, email address, website address, mailing address, or other personally identifiable information through a form or similar function on our website, we may collect and save such information into a file specific to you.
- Your Usage of Our Website. We automatically track certain information about you based upon your use of our website. We may use this information to conduct internal research on our users’ demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregate basis. This information may include the URL you just came from, the URL you next go to, what browser you are using, your IP address, location data, logs, and other communication data.
- Cookies. In addition, we may use “cookies” on certain pages of our website. Cookies are small files that can do things like track a user’s steps or automatically generate a user’s password. Some features of our website may only be available through a cookie. Cookies can also help us provide information targeted to your interests. Cookies are stored on your hard drive, not on our website.
- Communications. If you send us emails, letters or other personal correspondence, or if other users or third parties send us correspondence about your activities or postings on the web, we may collect such information into a file specific to you.
- Minors. If you are a minor, you can use this service only with your parents or guardians. If you are a minor, please do not submit any personal information.
- European Union. This website is intended for use by individuals in the United States, not those in the EU. If you are in the EU, please do not submit any personal information.
Our Use of Your Information
- Promotional Use. We may use personal information about you to enhance our marketing and promotional efforts and to improve our content and services. We may also use your information to deliver to you advertisements, new services and promotions, and other information to you that is targeted to your interests.
Disclosures to Third-Parties
- We use practices consistent with standards in the industry to protect your privacy. We cannot, however, promise that your personally identifiable information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications. We do not sell or rent any personally identifiable information about you to any third-party, except as provided below.
- Law Enforcement. We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation.
- Third-Party Suppliers. We may use third-party suppliers to assist us in providing the services available on our website. Whenever a third-party supplier desires to collect information about you, you will be notified of the involvement of the third-party supplier. We do not permit third-party suppliers to sell your information to others.
- Advertisers. We may disclose aggregate information about our users to advertisers and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to these entities.
- Business Transactions. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between us and another business entity, you consent to us informing the new owner or successor entity so they can continue providing services to you.