TRIADA Rules, Regulations and Acceptable Use Policy

Introduction

This Acceptable Use Policy ("AUP" for short) sets forth the principles that govern the use by customers of the systems, services and products provided by Triada Soft Ltd. ("TRIADA" for short). The AUP has been created to promote the integrity, security, reliability and privacy of TRIADA's systems and networks.
By using services and resources owned by TRIADA, you agree to abide by the following Rules and Regulations and Acceptable Use Policy. Although some of these provisions have the dial-up client in mind, they are equally applicable to our Web and dedicated access clients.
The Internet is a far-reaching communications medium. The Internet can be used to communicate with colleagues, to research demographics, and to transmit business communications. But the Internet - and the TRIADA computers you use to connect to it - are shared with thousands of others users. Therefore, TRIADA has constructed a list of rules and regulations for a better understanding of how to use this service. This document also talks about your rights and responsibilities as a TRIADA subscriber.

Compliance With Law

Customers shall not post, transmit, re-transmit or store material on or through any of TRIADA's system services or products that: (i) is in violation of any local, state or non-Bulgarian law or regulation; (ii) threatening, obscene, indecent , defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"); or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licenses for use by customer.

Privacy

A.    We will not release any of your personal information to other people unless we receive a signed consent form from you. We will contact you prior to any disclosure.
B.    With certain exceptions, you can choose any username for your account on TRIADA net as long as there are no duplicates in the username list and it is not considered obscene. One additional, practical restriction is that we cannot accept your first name or last name only as your username; this restriction is becoming more important as the TRIADA user base grows, and the chance for duplicate usernames grows with it. Finally, the username is subject to a technical limitation of our current accounting system; therefore, usernames are restricted to a maximum of 20 characters. The username will always appear in your news group postings and when you forward electronic mail. The username is your login authorization. The username will be shown in systems utilities, such as "who" or "finger," which show current users on the system.
C.    TRIADA retains the right to reserve certain usernames for internal use.
D.    Although you may want to use a made-up username for your TRIADA account, your full legal or entity (company) name must be used when you sign up with TRIADA.

Account Suspension and Cancellation

A.    TRIADA Subscribers have the right to cancel their accounts. Cancellations, however, generally take effect at the end of the month in which you cancel. If you wish to cancel your TRIADA account, you must send notice to TRIADA, in writing to TRIADA Internet Services, #115 Kniaz Boris I-st str., Varna 9000, Bulgaria, or via e-mail to office@triada.bg.
B.    TRIADA reserves the right to suspend or cancel your account for non-payment or for violation of the provisions of this AUP.
C.    Whether you cancel your service or we cancel your service for cause, your service fees are not prorated within the current month. Refunds for unused service are limited to fees paid for service beyond the month of cancellation. Setup fees are nonrefundable.

Prohibited Uses of TRIADA's Systems, Services and Products

This AUP identifies the actions that the TRIADA considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, Customer may only use the TRIADA's systems, services and products in a manner that, in the TRIADA's sole judgement, is consistent with the purposes of such systems, services and products. If a customer is unsure whether a contemplated use or action is permitted under the AUP, the customer should e-mail TRIADA with a description of the proposed use at policy@triada.bg for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of TRIADA's systems, services and products as described in subsections A through F are expressly prohibited:

Prohibited Actions: General Conduct
1. Transmitting on or through any of TRIADA's systems, services, or products any material that is, in TRIADA's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national or international law.
2. Transmission, distribution, or storage of any information, data or material in violation of Bulgarian state regulations or law, or by the common law.
3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
4. Actions that restrict or inhibit any Person, whether a customer of the TRIADA or otherwise, in its use or enjoyment of any of the TRIADA's systems, services or products.
5. Resale of TRIADA's services and products, without the prior written consent of TRIADA.
6. Deceptive on-line marketing practices.
7. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
Prohibited Actions: File Transfer
1. By law, you may not upload any commercial software, any software that is subject to distribution limits, or any kind of material you don't have the right to share with other people. Likewise, you may not download any software or material you do not have the right or license to use, such as commercial software from other Internet users. You may not upload anything, such as certain cryptographic applications, that will violate local or state law. If, upon reasonable suspicion and after reasonable investigation, TRIADA finds a violation of this provision, TRIADA reserves the right to notify appropriate state authorities.
2. Your TRIADA account entitles you to e-mail storage space of up to 3 megabytes. If additional storage space is required up to 12 megabytes (issued in 3 Meg blocks) TRIADA will charge for additional disk usage.
Prohibited Actions: System and Network Security
1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
4. Executing any form of network monitoring which will intercept data not intended for Customer.
Prohibited Actions: E-Mail
1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
5. Unauthorized use, or forging, or mail header information.
6. Using a TRIADA or a customer account to collect replies to messages sent from another provider.
7. Use of unsolicited e-mail originating from the TRIADA network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by TRIADA, or connected via the TRIADA network.
8. Willful failure to secure open SMTP ports so as to prevent the unauthorized use of customer resources for the purposes of sending unsolicited e-mail by a third party.
Prohibited Actions: Usenet Newsgroups
1. Positing the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spams or USENET spam").
2. Posting chain letters of any type.
3. Posting encoded binary files to newsgroups not specifically named for that purpose.
4. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
5. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
6. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
7. Postings that are in violation of the written charters or FAQ's for those newsgroups.
8. Posting of Usenet articles from the TRIADA network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by TRIADA, or connected via the TRIADA network.
9. Failure to secure a news server so as to prevent the unauthorized use of customer resources by a third party which may result in Usenet posts which violate this policy.
10. Advertisements posted in newsgroups whose chargers/FAQ's explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
Prohibited Actions: System Use Policy and Individual Accounts
1. Utilizing multiple logins, except as allowed by the TRIADA-provided type of service. Multiple, simultaneous logins of the same account are prohibited.
2. Do not maintain a connection to your dial-in account when you are not actively using the Internet, and be sure to log out of the system when you are ready to end an Internet session.
3. In order to ensure all users equal access to TRIADA resources at peak times, we reserve the right to terminate any particular user session that has continued excessively. TRIADA also reserves the right to terminate any particular user session which has idle time of 10 minutes or more. As well, we reserve the right to terminate one or all multiple connection sessions when we encounter your username logged in multiple times simultaneously at one or multiple locations.
4. Attempting to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.
5. Our flat-rate accounts are not intended to serve as extended or full-time (24 x 7) connections to the Internet. If you find that you need a full-time (24 x 7) connection to the Internet, please contact us for information on our dedicated access services. As a rule of thumb, we request that you limit your on-line sessions to two (2) hours each. We do not mind if you log on several times a day, but please take a break from time to time to allow others the opportunity to get on-line. Unless you are paying for a dedicated connection, you should not expect to be able to stay logged on indefinitely.
6. Consuming excessive resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of TRIADA systems or networks is prohibited, and TRIADA staff may take action to limit or terminate such programs.
7. A TRIADA Personal Page is just that--a *personal* page. As such, commercial materials or content promoting a business is inappropriate for display on TRIADA Personal Pages. TRIADA does offer, as a separate service, affordable, commercial Web hosting solutions for your small business.
8. Sharing of passwords or accounts with others.
9. Sexually explicit and patently offensive content; materials that otherwise violate state or local law; and materials and content that threaten the security or utility of the TRIADA network, are strictly forbidden in any TRIADA Web service to which you subscribe--personal or commercial.
10. The services you purchase from TRIADA are not transferable. You may not resell or share your TRIADA account services.

Complaint and Enforcement

Complaint

Complaints regarding abusive conduct may be reported by FAX to (359) 52 222365 or by mail to:
Triada Soft Ltd.
#115 Kniaz Boris I-st str.
Varna, 9000
Bulgaria

Complaints will also be accepted via e-mail to abuse@triada.bg, so long as a valid return address is included. TRIADA must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.
Enforcement

TRIADA may, in its sole discretion, suspend or terminate a customer's service for violation of any of AUP at any time and without warning. As a general matter, TRIADA attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.

Liability

In no event will TRIADA be liable to any customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if TRIADA was advised of the possibility of such damages.

Miscellaneous

Change of Terms, Conditions and Services

1.    TRIADA reserves the right to alter the pricing, offerings, terms and conditions of service at any time. An electronic, on-line copy of this AUP in effect is at URL the following Web address: http://www.triada-soft.bg/triada-aup.asp You are charged with responsibility for checking this page for any updates, and your continued use of TRIADA services constitutes your agreement to the modified terms.
2.    TRIADA does provide configuration assistance and limited free technical support for software it distributes to you in connection with your purchase of Internet services from TRIADA.

3.    TRIADA does not provide technical support for software that was not distributed to you in connection with your purchase of Internet services from TRIADA. TRIADA also make no warranties as to any software you may use in connection with your TRIADA account; the respective author/copyright holder's warranties apply. Further, TRIADA does not provide technical support for any hardware you use for your Internet connection which you did not purchase from TRIADA.
4.    Of course, TRIADA cannot guarantee overall Internet performance, nor the performance or availability of any server, service or site on the Internet at large which you may otherwise access through your TRIADA account.
Applicability of AUP

The actions listed herein are also not permitted from other Internet Service Providers.
TRIADA Is Not Responsible For Content

TRIADA is not responsible for the content of any USENET posting, whether or not the posting was made by a customer of the TRIADA.
Removal of Materials

At its sole discretion, TRIADA reserves the right to remove from public view any materials or content brought to its attention and to terminate internet access to customers that TRIADA determines have violated this AUP.