Acceptable Use Policy
MonkeyBrains wants to run a fast, efficient network. To help do that, this page has a
few "rules" and explanations on "how things are run".
This page basically says this:
If you do anything to piss people off, your service with MonkeyBrains will be terminated.
Pissing people off could be sending spam, having sleazy business practices, attempting to scam people, etc. Also, if you have personal computer problems which are beyond the direct control of MonkeyBrains and repeatedly ask for support, you will tire me out. If my server is up, but you can't figure out how to operate your home computer, I'll help a little, but not a lot!
MonkeyBrains is not liable to individuals or companies in case of any damages economic or other. You are using MonkeyBrains AS-IS.
Below is a more robust description of the MonkeyBrains-customer relationship. This is called an AUP or 'Acceptable Use Policy'.
Here is a more formal statement of the MonkeyBrains terms:
If you've got questions, email them to: email@example.com or call our office: 415-974-1313
- Warranties/Disclaimers: Anyone who uses MonkeyBrains' service, is doing so "as is" with no guarantees, no warranty of any kind. MonkeyBrains has no intention of being financially liable to any customer for any harm that may occur through their use of MonkeyBrains' services, regardless of whose fault it might be. MonkeyBrains' total economic obligation to clients will never exceed the total amount of dollars paid to MonkeyBrains per month of service.
The customer is responsible for keeping their password secure.
MonkeyBrains is not responsible for security on the customer's computer(s).
MonkeyBrains is not responsible for the security of information send through
Confidential information will be kept as secure as possible.
MonkeyBrains will not disclose any confidential information that customer gives MonkeyBrains.
Steps have been taken to make MonkeyBrains as secure as possible, eg, your web files are not viewable by other users who ftp into the MonkeyBrains network, the dialup modems are in close proximity to the main MonkeyBrains' server, the servers are in a secure location (pass keys and padlock key required for access), password protected web directories are available through standard Apache configurations (mod_auth), and 'root' access to the mail/web/ftp server is limited.
There always exists the possibility of MonkeyBrains' servers having flaws which malicious users could compromise to gain access to any information given to MonkeyBrains.
- Personal Files: MonkeyBrains is not responsible for back ups of customers' files and other information; furthermore, MonkeyBrains has the right to delete customer information after the customer ceases to be a customer of MonkeyBrains. MonkeyBrains does take reasonable measures to ensure that personal web files are safe: Nightly backups of user web files are made in case of hardware failure; however, this is not guaranteed to help in the case of multiple hardware failures or acts-of-God (such as a very large earthquake!).
- Non-transferability of Account: A customer may not have more than one login session per account at any time, unless they have paid for multiple login accounts. Nor may customers transfer or give out their dialup ID and password for use by friends or others. Account sharing is a violation of the terms of Acceptable Usage. Violators will be billed and/or kicked off the MonkeyBrains ISP.
- Network Address Ownership: Any IP addresses assigned to customers are considered loaned to customers, and not given. They will revert back to MonkeyBrains, after the customer leaves.
MonkeyBrains reserves the right to assign new IP numbers and revoke allocated IPs for any reason. (This section does not refer to Domain Names: if you register your own domain name, and host it on the MonkeyBrains network, you will remain in ownership of that name.)
- Valid Domain Contact Records: All domains hosted on any servers in the MonkeyBrains network will have valid contact information in the Registrar records accociated with the domain hosted. Colocation customers: if you host more than one domain, all domains hosted on your machine must point to valid Registrar records. All information must be viewable through the 'whois' command.
- Compliance with All Laws: customers will not violate any laws while using the services of MonkeyBrains, and customers will "hold the ISP harmless" in any claim against same.
- Unacceptable Conduct: Customers shall not participate in activities constituting unacceptable conduct-such as (but not limited to): excessive posting or otherwise abusing USENET, sending unsolicited emails (spam), using MonkeyBrains to do anything with spam, harassing other individuals, mail bombing, impersonating or falsifying any information, violating anyone's privacy, use of IRC bots, network-unfriendly activity or hacking that causes interference with normal network operations, attempts to gain unauthorized root access to MonkeyBrians' servers, participating in chain letters, or using any part of the MonkeyBrains' network for unauthorized use.
- Cooperation with Authorities: Warning: upon receiving a summons for any information by a government agency, MonkeyBrains will allow supervised access. Upon any legal inquires to a customers account, the customer will be notified.
- Late Fees: If the customer makes arraignments with Rudy Rucker to pay their bills late, there will be not an automatic late fee charged. Bills more than 28 days late qualify for a late fee. The late fee may be up to 10% of your monthly rate per month that your account is delinquent. If there are any laws governing the maximum allowable late fees, those laws will be followed.
- ISP's Right to Suspend or Cancel Accounts: MonkeyBrains is a private business. If a customer is more than 28 days late in their payments or fails to follow the rules outlines on this page, their account may be canceled. In the case of colocation customers, their servers may have service restricted and/or their servers may be disconnected.
- Rights to Damages: MonkeyBrains has a right to claim economic damages from subscribers if they violate this AUP and cause MonkeyBrains significant economic harm.
- Colocation provisions: Customers who fail to pay their monthly rate by the end of the month may have their service interrupted. So there is no misunderstanding, here is an example. Say your monthly rate is $300. If March 31st (the end of a month) comes around and you have not yet paid $300 for the month of March, why, then on April 1st, MonkeyBrains has the right to unplug your machines and sell them on eBay to cover the cost of your unpaid bills. Also, late payments on colocatoin cages will result in a revocation of access privileges to the colocation facility.
Colocation customers who do have access privileges to the colocation facility and wish to access their cages will need to schedule appointments with Rudy. More than 2 visit every 3 months will result in a $50 fee per visit over the 2 per 3 month limit.
- Right to Modify or Change Service: MonkeyBrains has a right to update and change this AUP as MonkeyBrains sees fit. If the customer ever disagrees with this AUP, then their sole recourse is to cancel service with MonkeyBrains.
Note that whenever MonkeyBrains does change this AUP, MonkeyBrains has an obligation to promptly inform subscribers about any such changes. Any customer who has not written within 30 days to protest the change has tacitly agreed to abide by the new rules stated in the new AUP.