Online Terms of Use

Erie Co. ARES/RACES/SKYWARN Terms of Service (TOS) is provided to give our members and users a clear understanding of what Erie Co. ARES/RACES/SKYWARN expects of them while using our services. All users of Erie Co. ARES/RACES/SKYWARN web services; those who access some of our services but do not have accounts, must comply with these Terms of Service.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites we manage. However, in accordance with general acceptable internet usage policies, we may remove any materials that, at our sole discretion, may be illegal, may subject us to liability, or which may violate these terms. Erie Co. ARES/RACES/SKYWARN may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of these terms may result in the suspension or immediate termination of either your Erie Co. ARES/RACES/SKYWARN account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of Erie Co. ARES/RACES/SKYWARN Terms of Use and Acceptable Use Policy. The following are guidelines for the establishment and enforcement of our TOS and AUP:

• Ensure reliable service to our members and users.
• Ensure security and privacy of our systems and network, as well as the networks and systems of others.
• Comply with existing laws.
• Maintain our reputation as a respective, responsible group.
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.
• Preserve the value of Internet resources as a conduit for free expression and exchange of information.
• Preserve the privacy and security of individual members and users.

Erie Co. ARES/RACES/SKYWARN intends to provide its members and users access to everything the Internet has to offer. While Erie Co. ARES/RACES/SKYWARN is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the group and the Internet cannot be permitted under the guise of free speech. The resources of the group and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and possibly for preparation of website traffic reports. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our web services.

You may not use our web services to publish material, which Erie Co. ARES/RACES/SKYWARN determines, at its sole discretion, to be completely unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Erie Co. ARES/RACES/SKYWARN account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise members of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS and AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Service Usage Policy

The member should use the email and other related services in full compliance with the terms below:

1. Each members's account is allowed to send a maximum of 150 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.

2. Each email sent by the member should have NO more than 75 recipients. Sending a single email to more than 75 recipients simultaneously is endangering the overall server performance.

3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 768MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.

4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 768MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.

5. We allows up to 50 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 50 times per hour is endangering the overall server performance.

In some cases, Erie Co. ARES/RACES/SKYWARN may be able to re-activate a member's account that has been suspended for violation of terms of account resource use. This is done only if the group decides that there is enough evidence that the violation will not be repeated.

Account Confidentiality and Integrity

The member is responsible for maintaining the confidentiality of all login information related to their account, and account management tools.

Erie Co. ARES/RACES/SKYWARN cannot and will not be liable for any loss or damage to account information arising from security bridged in any such manner.

The member agrees to immediately notify the ECEmComm.org webmaster of any unauthorized use of their password or account, or any other breach of security, and to ensure that they logout at the end of each session. Erie Co. ARES/RACES/SKYWARN cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

The member is fully responsible for all activities that are performed through their account. Erie Co. ARES/RACES/SKYWARN has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund, however, as previously mentioned we prefer to stay in contact with members regarding account issues. Erie Co. ARES/RACES/SKYWARN cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the member is not aware of and/or has not authorized such use.

Actions that Cause Harm to Erie Co. ARES/RACES/SKYWARN

The member is responsible not to engage in or to instigate actions that cause harm to Erie Co. ARES/RACES/SKYWARN or other members. Such actions include, but are not limited to, actions resulting in blacklisting any of Erie Co. ARES/RACES/SKYWARN IP's by the any online spam database, actions resulting in DoS attacks for any servers belonging to Erie Co. ARES/RACES/SKYWARN, etc. Failure to comply with this policy may result in a warning, suspension or possible account termination without notice. Erie Co. ARES/RACES/SKYWARN has the right to decide in good faith which actions cause harm as well as the severity, and will determine any other corrective actions that may need to be applied.

Account Content Performance

The member is solely responsible for the quality and performance of the member's account content uploaded by the member. The member is also responsible to ensure that all aspects of the member's account content are compatible with Erie Co. ARES/RACES/SKYWARN server's hardware and software. The specifications of the hardware and software are available by contacting us. It is the member's responsibility to keep their content compatible at all times. Erie Co. ARES/RACES/SKYWARN cannot and will not be responsible for any malfunctioning of the member's content or any damages to the member's content caused by failure of the member to keep their content compatible with the hardware and software used by Erie Co. ARES/RACES/SKYWARN.

VIOLATIONS OF THE ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1.Illegal use: The Erie Co. ARES/RACES/SKYWARN (ECEmComm.org) network may not be used for illegal purposes. Erie Co. ARES/RACES/SKYWARN reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of Erie Co. ARES/RACES/SKYWARN (ECEmComm.org) network to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, and child pedophilic material.

3. Threats: Use of Erie Co. ARES/RACES/SKYWARN network to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of Erie Co. ARES/RACES/SKYWARN network to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of Erie Co. ARES/RACES/SKYWARN network to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".

6. Forgery or impersonation: Adding, removing or modifying identifying network header information 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 re-mailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of Erie Co. ARES/RACES/SKYWARN network to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Erie Co. ARES/RACES/SKYWARN account.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Erie Co. ARES/RACES/SKYWARN account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Erie Co. ARES/RACES/SKYWARN network is in violation of this AUP.

10. Usenet SPAMing: Erie Co. ARES/RACES/SKYWARN has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ statements, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of Erie Co. ARES/RACES/SKYWARN network to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Erie Co. ARES/RACES/SKYWARN network or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Erie Co. ARES/RACES/SKYWARN account is subject to immediate termination.

12. Copyright or trademark infringement: Use of Erie Co. ARES/RACES/SKYWARN network to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of Erie Co. ARES/RACES/SKYWARN to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of Erie Co. ARES/RACES/SKYWARN network for any activity which affects the ability of other people or systems to use Erie Co. ARES/RACES/SKYWARN or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Erie Co. ARES/RACES/SKYWARN will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Erie Co. ARES/RACES/SKYWARN network could result in suspension service.

18. Third Party Accountability: Erie Co. ARES/RACES/SKYWARN subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines within the Acceptable Use Policy.


19 . Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Posts and content containing only links to adult content will be immediately suspended. Erie Co. ARES/RACES/SKYWARN will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit posts or content referencing to provide storage, sales, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.

Security

You (The member) are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. Erie Co. ARES/RACES/SKYWARN will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

If you believe that your account may has been compromised by a hacker or other un-authorized third party, you are required to notify Erie Co. ARES/RACES/SKYWARN webmaster immediately. If it is determined, through an investigation by an Erie Co. ARES/RACES/SKYWARN appointed individual and coordinating affiliates, that a security breach occurred that was the result of an attack by a hacker and was completely out of your control, you are not responsible for the events that occurred.

Network Performance

Erie Co. ARES/RACES/SKYWARN accounts operate on shared resources. Excessive use or abuse of these shared network resources by one member may have a negative impact on all other members. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including session time. Erie Co. ARES/RACES/SKYWARN reserves the right to terminate or limit such activities.

In rare cases Erie Co. ARES/RACES/SKYWARN may be able to re-activate a member's account that has been suspended for violation of acceptable use policy above. This is done only if Erie Co. ARES/RACES/SKYWARN decides that there is enough evidence that the abuse will not be repeated.

REPORTING VIOLATIONS OF Erie Co. ARES/RACES/SKYWARN AUP

Erie Co. ARES/RACES/SKYWARN requests that anyone who believes that there is a violation of this AUP direct the information to the webmaster by sending an email to wa3lco@arrl.net

If available, please provide the following information:

Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Erie Co. ARES/RACES/SKYWARN may take any one or more of the following actions in response to complaints:

REVISIONS TO THIS ACCEPTABLE USE POLICY

Erie Co. ARES/RACES/SKYWARN reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner, in which case, proper notification will be given.