Acceptable Use Policy

In order to protect the interests and assets of Gotham Bus and its customers, Gotham Bus has developed an Acceptable Use Policy (“AUP”), which is intended as a guide to a customer’s rights and obligations when utilizing Gotham Bus’s services. This AUP will be revised from time to time. A customer’s use of Gotham Bus’s services after changes to the AUP are posted on Gotham Bus’s web site, www.gothambus.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. Because Gotham Bus cannot monitor or censor the Internet, and will not attempt to do so, Gotham Bus cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Gotham Bus does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Gotham Bus’s network and may reach a large number of people, including both subscribers and nonsubscribers of Gotham Bus, subscribers’ postings to the Internet may affect other subscribers and may harm Gotham Bus’s goodwill, business reputation, and operations. For these reasons, subscribers violate Gotham Bus policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Spamming – Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Gotham Bus, but also because it can overload Gotham Bus’s network and disrupt service to Gotham Bus subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Gotham Bus has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
• Running “Spamvertised” Services – Running web sites, and/or online services that are promoted through the sending of unsolicited bulk and/or commercial email messages, or by commercial posting to Usenet newsgroups and/or web forums and/or chat channels, regardless of the network origin of such promotion. This is not only harmful because of its negative impact on consumer attitudes toward Gotham Bus, but also because the repercussions of “Spamvertising” can overload Gotham Bus’s network and human resources, and can disrupt service to Gotham Bus subscribers.
• Providing Support Services for Spammers– Providing DNS, primary or backup MX, back-end email list maintenance services, URL redirection servcies or any other services, paid or otherwise, that provide support to those engaged in the sending of spam. This is not only harmful because of its negative impact on consumer attitudes toward Gotham Bus, but also because the repercussions of providing support for spammers can overload Gotham Bus’s network and human resources, and can disrupt service to Gotham Bus subscribers.
• Operation of IRC Servers – Internet Relay Chat (IRC) traffic is prohibited on the Gotham Bus Network.
• Operation of Shell Public Servers – Providing interactive shell (aka “command line”) access to server(s) for persons other than Customer’s own systems/network administrator(s).
• Operation of Gaming Servers – Operating a server or servers that support online interactive gaming.
• Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Gotham Bus is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Gotham Bus’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
• Obscene Speech or Materials – Using Gotham Bus’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Gotham Bus is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Gotham Bus’s network.
• Defamatory or Abusive Language – Using Gotham Bus’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
• Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of a message.
• “Spoofing” of IP Address(es) – Constructing and/or transmitting IP packets with false source addresses.
• Illegal or Unauthorized Access to Other Computers or Networks – Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
• Facilitating a Violation of this AUP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
• Export Control Violations – Exporting encryption software over the Internet or otherwise, to points outside the United States.
• Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
• Other Activities – Engaging in activities, whether lawful or unlawful, that Gotham Bus determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Gotham Bus will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Gotham Bus policy or applicable law. When Gotham Bus becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to shutting down a web site and/or server, or take any other action it deems appropriate.

Gotham Bus is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Gotham Bus facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Gotham Bus does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Gotham Bus has the right to directly take action against a customer of a subscriber. Also, Gotham Bus may take action against the Gotham Bus subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Gotham Bus anticipates that subscribers who offer Internet services will cooperate with Gotham Bus in any corrective or preventive action that Gotham Bus deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Gotham Bus policy.

Gotham Bus also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Gotham Bus urges its subscribers to assume that all of their on-line communications are insecure. Gotham Bus cannot take any responsibility for the security of information transmitted over Gotham Bus’s facilities.

Gotham Bus will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Gotham Bus may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Gotham Bus may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Gotham Bus assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Gotham Bus may disclose subscriber information or information transmitted over its network where necessary to protect Gotham Bus and others from harm, or where such disclosure is necessary to the proper operation of the system.

Gotham Bus expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate Gotham Bus policy. Finally, Gotham Bus wishes to emphasize that in signing the service agreement, subscribers indemnify Gotham Bus for any violation of the service agreement, law, or Gotham Bus policy, that results in loss to Gotham Bus or the bringing of any claim against Gotham Bus by any third-party. This means that if Gotham Bus is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Gotham Bus, plus costs and reasonable attorneys’ fees.

Any complaints about a subscriber’s violation of this AUP should be sent to abuse@gothambus.com.