NEXUS-International Broadcasting Association Acceptable Use Policy




All NEXUS-IBA members and customers are bound by the following Acceptable Use Policy (AUP) and by NEXUS-IBA Netiquette. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document.

Services must NOT be directly or indirectly used for anything illegal, or anything that adversely affects NEXUS-IBA's legal interests. The following list is non-exclusive, and should NOT be considered license to commit other illegal activities not specified below. All illegal activities are prohibited, and NEXUS-IBA will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities. Please consult an attorney if you are unsure of the legal status of your activities.



Customers and Members may NOT use our services and servers for:

1. Cracking/Hacking - attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal.
2. Child pornography or other indecent or immoral content.
3. Pyramid schemes or fraud.
4. Theft of services - attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
5. Harassment - use of NEXUS-IBA's network to harass or threaten (in the legal sense of those terms) any other person or organization is prohibited.
6. Content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence.
7. Selling any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered.


Customers and Members also may NOT:

1. Do anything that threatens the integrity of NEXUS-IBA network or the utilization thereof by other persons.
2. Post any content that holds NEXUS-IBA (including its affiliates), employees or shareholders up to public scorn or ridicule or would in anyway damage or impair NEXUS-IBA's reputation or goodwill.
3. Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner.
4. Using NEXUS-IBA services to post libelous , defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress.
5. Commit a Denial Of Service (DOS) attack against any website, network or service. Similarly, no NEXUS-IBA member or customer will willfully or negligently allow incitement of others to attack any website or network.
6. Utilize the Services to resell access to CGI scripts installed on NEXUS-IBA's servers.
7. Do anything that could get any portion of NEXUS-IBA's IP space put on a RBL or BL ( Real-time Blacklist or Blacklist) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of NEXUS-IBA's IP space.
8. Perform actions that cause unusual load on NEXUS-IBA servers (for example, mail servers, web servers, Usenet servers, name servers, etc.), that cause slowness or denial of service to other NEXUS-IBA members or customers.
9. Do anything that threatens the Internet or any other network.
10. Take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
11. Take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of Usenet or email or so on.


Customers and Members must adhere to the following rules regarding Email, SPAM and Unsolicited Emails:

1. No spam may originate from NEXUS-IBA IP space.
2. No member or customer may send unsolicited commercial email, unsolicited mass mailings, spam or flood Usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net, and/or email support AT nexus.org for clarification.
3. No spam may advertise sites or services located on NEXUS-IBA IP space (even if the spam originates elsewhere).
4. No NEXUS-IBA member or customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
5. No member or customer shall participate in pyramid schemes or email chain letters.
6. Use of NEXUS-IBA's facilities to host software or lists for mass mailing of any kind without previous authorization by NEXUS-IBA is forbidden. In any case sending unsolicited email from NEXUS-IBA servers is strictly prohibited.
7. Utilize any services internal or external to our network to conduct port scans or other invasive procedures against any server, including using any server without permission, including attempting to probe, scan, or test the vulnerability of a server or to breach any security or authentication measures used by a server (except any server for which user is an authorized system administrator).
8. Utilize NEXUS-IBA's services to offer mail services, mail forwarding capabilities, POP accounts, auto responders or similar goods or services other than for your own NEXUS-IBA account.


Customers and Members are also obligated to:

1. Maintain and enforce on their clients and users an AUP similar in scope and intent to this document.
2. Maintain a policy requiring proper From : and/or Reply-To: headers for email and Usenet postings.
3. Maintain proper security on their mail server, to prevent the mail server from being used as a spam amplifier by third parties. Servers must restrict email relaying. (Not applicable to members or customers who do not maintain a mail server).
4. Obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.


Miscellaneous:

1. Any other act or omission that NEXUS-IBA in their sole discretion determines to be unacceptable, irrespective of whether such act is reasonable.
2. NEXUS-IBA reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Acceptable Use Policy. NEXUS-IBA will make good faith attempts to resolve issues without interruption of service at it's sole discretion. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at NEXUS-IBA's sole discretion.
3. NEXUS-IBA may revise in its sole discretion this Acceptable Use Policy, without prior notice. You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.


Limitations of Liability:

1. NEXUS-INTERNATIONAL BROADCASTING ASSOCIATION (NEXUS-IBA), NEXUS-IBA SUPPLIERS, DISTRIBUTORS, AFFILIATES OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER NEXUS-IBA NOR ANY OF EMPLOYEES, SHAREHOLDERS, SUPPLIERS, DISTRIBUTORS, AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (1) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF OUR AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (ii) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (iii) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (4) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, NEXUS-IBA SUPPLIERS, DISTRIBUTORS, AFFILIATES OR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE AND IN ALL CASES LIABILITY IS LIMITED TO THE AMOUNT PAID TO NEXUS-IBA TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).


 

For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at: sales AT nexus.org
 



NEXUS-IBA mail-out permission policy

NEXUS-IBA prohibits clients and members from sending unsolicited mail, and does not allow the use of third-party, purchased, rented, or harvested mailing lists. Any member or customer found using NEXUS-IBA resources to send such mail is banned from the use of our service.
NEXUS-IBA takes several steps to keep abuse to a minimum. Among other things, we:

a) Interview new clients and members about both the origins of their mailing lists and their marketing practices. Customers and Members who do not meet our standards are not allowed to use the NEXUS-IBA mail services.
b) Check each uploaded mailing list for addresses that appear scraped (info@, sales@, etc.) or that otherwise indicate that the mailing list is potentially third party in nature. If we see anything suspicious, the account is disabled and the client is contacted.
c) Read compliants sent to abuse (at) nexus (dot) org. If we have any concerns, the mailing is stopped and we contact our client.

If you suspect a client of abusing our service (or have any questions regarding our policies), please do not hesitate to contact us at abuse (at) nexus (dot) org. As noted above, all complaints are investigated, and you will receive a response detailing the action we're taking to deal with the issue.