Terms of Service
Level Seven Rules and Regulations
These Rules and Regulations cover the following:
Access to Network Operations Centers
Only those individuals identified in writing by an Account Holder on the Customer Registration Form
("Representatives") may access the Network Operation Centers.
Customer shall deliver prior written notice to Level Seven of any changes
to the Customer Registration Form and the list of Representatives.
Use of Network Operations Center Facility
Conduct at Network Operations Centers.
Customer and its representatives agree to adhere to and abide by all security and safety measures established by Level Seven and set forth in the Customer Guide provided by Level Seven to Customer. Customer and its Representatives shall also not do or participate in any of the following:
Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer's responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Level Seven, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Level Seven; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any Network Operation Center. "Prohibited Materials" shall include, but be not limited to, the following and any similar items:
Equipment and Connections
Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to Level Seven) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or code name provided in writing to Level Seven) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Level Seven with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.
Level Seven will conduct routine scheduled maintenance of its Network Operations Centers and Network Operations Center Services according to the maintenance schedule posted on Level Seven's World Wide Web site [here].
In the event a mission critical maintenance situation arises, Level Seven may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer's Equipment may be unable to transmit and receive data and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Level Seven during the scheduled and emergency maintenance periods.
Customer acknowledges that Level Seven exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations.
Customer will not, and will not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):
Third Party Complaint Process.
Level Seven routinely receives (at abuse@L7.net) written complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Due to the nature of Level Seven's business, in Level Seven's experience, most legitimate complaints and actual Prohibited Activity is conducted by Customers and users of Level Seven's Customers, not by Level Seven's Customers themselves. Level Seven requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. Level Seven will take the following actions to document and resolve each Complaint received by Level Seven related to a Customer or its Users.
Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Level Seven will send a letter (the "First Letter") to the complaining third party that describes Level Seven' policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Level Seven. Level Seven also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. Level Seven's goal is to put the individual with the complaint directly in touch with the party in the best position to remedy the problem -- Level Seven's Customer, who has the relationship with the alleged violator.
Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Level Seven will send a second letter (the "Second Letter") with a copy of the second complaint to the Customer and request that Customer respond in writing to Level Seven with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to Level Seven's letter and remedy the Prohibited Activity within ten (10) business days, Level Seven will bill Customer in the following month $500 to cover Level Seven's administrative costs associated with the Prohibited Activities of Customer.
Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Level Seven will send a third and final letter (the "Third Letter") with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Level Seven will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Level Seven will also bill its Customer $5,000 to cover Level Seven; administrative costs associated with the Prohibited Activities.
Suspension and Termination of Service.
Level Seven reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations.
Subject to the terms and conditions set forth in the Master Services between Level Seven and the Customer, Level Seven may, from time to time, provide Customer with certain limited services and equipment needed and requested by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services purchased by Customer. Customer will be charged for all Supplemental Services provided Customer. Level Seven has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.
Modification of Rules and Regulations
Level Seven may change these Rules and Regulations upon fifteen (15) days; notice to Customer, which notice shall be provided by posting such new Rules and Regulations.
Acceptable Use Policy
All Level Seven customers are responsible for reviewing and complying with this Acceptable Use Policy. Level Seven customers who provide services to their own users must take steps to ensure compliance by their users with this Acceptable Use Policy. This Policy is subject to change with notice by publication on the Web at http://www.L7.net/terms.html; customers are responsible for monitoring this Web site for changes. This Policy was last changed on 24 June 1998.
Level Seven customers may not use Level Seven's network, machines or services in any manner which
Prohibited activity includes but is not limited to unauthorized use (or attempted unauthorized use) of any machines or networks, denial of service attacks, falsifying header information or user identification information, monitoring or scanning the networks of others without permission, sending unsolicited bulk e-mail, maintaining an open mail relay, collecting e-mail addresses from the Internet for the purpose of sending unsolicited bulk e-mail or to provide collected addresses to others for that purpose, and transmitting or receiving copyright-infringing or obscene material.
Dedicated and Web Hosting Customers
Level Seven dedicated Internet and Web hosting customers who provide services to their own users must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Level Seven's network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers*, provide a 24x7 contact address to Level Seven for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Level Seven's Acceptable Use Policy.
*These reasonable steps include using ip verify unicast reverse path wherever it makes sense and using IP address filtering wherever it makes sense.
Sending unsolicited ("opt-out") bulk e-mail is prohibited. Sending unsolicited bulk e-mail from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Level Seven, including without limitation e-mail, web, ftp, and dns services, is prohibited and is grounds for termination of those services to customers or users who engage in the practice. Users who send unsolicited bulk e-mail from Level Seven accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Customers or users who send bulk e-mail to "opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited e-mail.
Continuing to send someone e-mail after being asked to stop is considered harassment and is prohibited. Using e-mail to disrupt (e.g., mail bombing, "flashing," etc.) is prohibited. Sending e-mail with falsified header information is prohibited. Chain letters, pyramid schemes and hoaxes are prohibited.
Level Seven places no content restrictions on newsgroup postings by its users except that (a) no illegal content, including pyramid/Ponzi schemes, is permitted and (b) all postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole.
Posting 20 or more copies of the same article in a 45-day period ("spamming") or continued posting of off-topic articles after being warned is prohibited. Users who engage in spamming using Level Seven accounts will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of $200. Users who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Level Seven, including without limitation e-mail, web, ftp and dns services, is prohibited and is grounds for termination of those services to those users.
Excessive crossposting (Breidbart Index of 20 or greater in a 45-day period) is prohibited. The Breidbart Index (BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article is crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16)=3+4=7. Crossposting articles to newsgroups where they are off-topic is prohibited; a good rule of thumb is that if you are crossposting to more than five newsgroups, it's likely to be off-topic on at least one of them.
Commercial advertising is typically off-topic and/or a violation of charter in most Usenet newsgroups. Information about advertising on Usenet can be found in Joel Furr's "Advertising on Usenet FAQ" [here].
For more information on "spam," see the FAQ on "Current Usenet spam thresholds and guidelines" [here] which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis.
Posting articles with falsified header information is prohibited. "Munging" header information to foil e-mail address harvesting by "spammers" is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous re-mailers is acceptable, so long as the use is not otherwise a violation of this policy.
Users may not issue cancellations for postings except those that they have posted themselves, those which have headers falsified so as to appear to come from them or in newsgroups where they are the official moderator.
Users are urged to familiarize themselves with the workings of Usenet by reading FAQs regarding Usenet [here] before becoming active participants.
The World Wide Web and FTP
The Web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material. Level Seven reserves the right to require that sites using such Web or FTP space which receive high amounts of traffic be moved to other servers.
Web pages and FTP files may not contain any material, text, or images, whether hosted on
Level Seven servers or "transclusioned" (images from another site displayed on
the page) which violate or infringe any copyright, trademark, patent, statutory, common
law, or proprietary rights of others. Web pages and FTP files may not contain links that
initiate downloads of copyright infringing or other illegal material.
Those who believe users of Level Seven's services are infringing their copyrights must
submit their complaints in writing to our Designated Agent to Receive Notifications of
Internet Relay Chat
Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited.
Servers and Proxies
Users may not run on Level Seven servers any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others through a Level Seven dialup account; a dedicated access account is required for such purposes.
Customers are responsible for the security of their own networks and machines. Level Seven will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer's system or account may result in suspension of services or account access by Level Seven; for example, if a system is abused after becoming infected with Back Orifice or the NetBus trojan horse programs as a result of an Internet download or executing an e-mail attachment. (See [here] for more detail)
Any programs, scripts, or processes which generate excessive server load on Level Seven servers are prohibited and Level Seven reserves the right to terminate or suspend any such program, script, or process.
Unsolicited Bulk E-mail Support Services and E-mail Address Harvesting
Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk e-mail or harvest e-mail addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested e-mail addresses for that purpose.
Customers may not run programs or configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless they have a dedicated access account. Level Seven users may not have multiple simultaneous connections with a single dialup account. Level Seven reserves the right to impose restrictions on or terminate accounts deemed to be in violation of these conditions.
The storage of any program, utility or file on Level Seven's servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Level Seven's servers.
Anti-Spamming Policy Statement
What is "Spam"?
If you're a veteran of the online world, you've no doubt received a number of "junk" e-mails. Some take the shape of "Make Money Fast" schemes. Others promise exciting new products or services-if you send money to a random address. Still others simply occupy space in your mailbox, asking you to forward chain letters around the world or visit a particular Web site.
In the Internet community, this unsolicited commercial e-mail is called Spam. And Spam is more than annoying to Internet users-it also seriously affects the efficiency of the network and servers through which mail is delivered. That's why Level Seven is taking a stand against Spam.
What does Spam do?
Unfortunately, Spam is not as harmless as physical junk mail. The truth is, mass mailings of unsolicited e-mail can cost you:
When hundreds of thousands of Spam messages are sent, the Internet -much like the post office during a holiday season- becomes overloaded with mail. This congestion can make response times slower or even render your Web site inaccessible. And what's more, clogging networks with Spam can lead to downtime of your mission-critical Internet applications. When your business is Internet connected, that kind of disruption is unacceptable.
Money and time.
If you check your e-mail over a phone line or pay Internet access fees by the minute or hour, you need prompt, reliable service. You don't want to pay for any more time than is necessary to download your mail or conduct your online business. Yet imagine how much longer it takes-and how expensive it gets-if the mail you download contains lengthy and useless Spam. Or if your network is at capacity because of a mass junk mailing, and you can't get through to the Web sites you need to see.
And a lot more.
Many Spam messages promote various products, services and get-rich-quick solutions, an untold percentage of which are false and sometimes illegal. Solicitous and fraudulent Spam should be a serious concern for all Internet users and service providers.
How Level Seven Is Working to Eliminate Spam
As a provider of Internet network services and management, Level Seven considers it an obligation to put an end to Spam. We respect your need for efficient, cost-effective and interruption-free services, and we pride ourselves on offering you one of the most scalable, reliable and redundant networks available today.
Level Seven is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we protect you and your customers by prohibiting Spam, or any unsolicited commercial e-mail, from being sent either:
We react quickly and seriously to violations, and we further reserve the right to terminate the network services of any customer willfully disregarding this policy. If you have any complaints or comments regarding Spam on our network, please direct them via e-mail to abuse@L7.net.