2.1.1 Each User is responsible for complying with this AUP, and for providing
assistance to JARING in investigating and resolving any issue pertaining to
the non-compliance of the AUP when requested by JARING from time to time.
2.1.2 Additionally, Users, at their sole discretion, are required to determine
the conditions of, and comply with, the AUP or equivalent documents thereof
of all other network(s) in which their data transits.
2.1.3 Each User will be held responsible for the actions of any third party
acting on its behalf or for its benefit and such User shall be held directly
accountable for any violations of this AUP by such third party.
2.1.4 JARING does not control the content of data traversing JARING networks
and/or services. Therefore, JARING assumes no responsibility for the content
of such data or communication that may be transmitted over JARING networks and/or
services, unless otherwise expressly informed by JARING to Users.
2.2.1 Users shall ascertain that all systems which they connect to JARING networks
shall be configured in accordance with industry standards, applicable laws and
regulations, and "Request For Comments" standards documents which
are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).
2.2.2 Users shall not configure any systems connecting to JARING networks in
any way which obscures system-identity information.
2.2.3 Users, if applicable, shall configure their proxy servers to prevent
unauthenticated use from the public Internet.
2.2.4 Should a User's system be breached and/or exploited by unauthorized persons,
the User is responsible for reporting the violation (where applicable) to JARING,
and fixing such breached and/or exploited system.
For example, should the security of User mail server be compromised to distribute
unsolicited emails, the User is responsible to immediately re-configure the
system to prevent further unauthorized use.
2.2.5 Users shall be responsible to install anti-virus and/or firewall software
on every system which they use to connect to JARING networks to prevent any
"unintentional attacks", such as infection and subsequent propagation
of computer viruses, Trojan horses, or worms.
Users are responsible to immediately report to JARING any issue that could
compromise the stability, service or security of any user or system connected
to JARING networks.
2.4.1 Resellers of JARING services are responsible to inform their customers
of the obligations contained in this AUP and enforce such obligations on their
customers.
2.4.2 Breach or non-compliance of this AUP by a customer and/or end-user of
a reseller and/or downstream service provider, shall be considered a violation
of this AUP by the reseller and/or downstream service providers.
3. PROHIBITED USES
These lists are not meant to be exhaustive, but merely illustrative of examples
of inappropriate and improper conduct, which are prohibited on JARING networks
services.
3.1. Illegal Use
JARING networks and services may only be used for lawful purposes. The transmission,
distribution, or storage of any data or material in violation of any applicable
law or regulation is prohibited. This includes, but is not limited to material
or data which:
i. Is copied from third parties (including text, graphics, music, videos or
other copyrightable material) without proper authorization;
ii. Misappropriates or infringes the patents, copyrights, trademarks, trade
secrets, or other intellectual property rights of any third party;
iii. Is used for trafficking illegal drugs, illegal gambling, obscene materials
or other any products or services that are prohibited under applicable law;
iv. Constitutes use or dissemination of pornography;
v. Violates any party's confidentiality rights;
vi. Violates any applicable law;
vii. Subject JARING to unfavorable regulatory action, subject JARING to any
liability for any reason, or adversely affect JARING's public image, reputation
or goodwill, including, without limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials
as determined by JARING in its sole discretion.
Up
3.2. Abuse
Abuse means any conduct which is inconsistent with the generally accepted norms
and expectations of the Internet community (whether or not detailed in this
AUP). JARING reserves the right, in its sole discretion, to make a determination
whether any particular conduct violates such norms and expectations.
List of abusive activities below are not meant to be exhaustive, but rather
to convey the idea of what constitutes as 'abusive', and should apply to other
Internet activities (Internet Relay Chat (IRC), bulletin boards, etc).
3.2.1 Network Abuse
The following are strictly prohibited:-
i. Cause denial of service (DoS) attacks against JARING or other network hosts
or Internet users or to otherwise degrade or impair the operation of JARING's
servers and facilities or the servers and facilities of other network hosts
or Internet users, whether intentionally or through neglect;
ii. Injecting, intentionally or negligently, false or unauthorized network
control data into JARING networks, for instance in the form of incorrect routing
or domain name system (DNS) information;
iii. Subvert or attempt to subvert, or assist others in such actions, against
the security or integrity of any JARING or any other systems, facilities or
equipment;
iv. Gain or attempt to gain unauthorized access to the computer networks, systems
or devises of JARING or any other person;
v. Conduct unauthorized port scans or other invasive procedures against any
system;
vi. Distribute or post any virus, worm, Trojan horse, or computer code intended
to disrupt services, destroy data, destroy or damage equipment, or disrupt the
operation of JARING or any other services;
vii. Distribute, advertise or promote software or services that have the primary
purpose of encouraging or facilitating unsolicited commercial e-mail or "Spam"
(this includes any kind of hosting (web, DNS, FTP, etc) for spammers);
viii. Solicit or collect, or distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating unsolicited commercial
e-mail or "Spam";
ix. Provide passwords or access codes to persons not authorized to receive
such materials by the operator of the system requiring the password or access
code;
Up
3.2.2 E-Mail Abuse
JARING has zero tolerance for "Spam", whether originating from Users,
from Users' customers, or from Users that provide services which are used to
support "Spam". Users and their customers or any downstream providers,
are prohibited from:-
i. Sending and/or allowing their connection to JARING to be used for sending
"Spam".
ii. Operating "Support services" (intentionally or not) for Spammers.
This includes, but not limited to, hosting websites, DNS records, FTP services,
e-mail, electronic mailboxes, telephony gateways, IRC servers, sale of spamming
software or other similar services.
iii. Promoting products or services through "Spam" or Spammers.
iv. Having third parties send out commercial emails on any User's behalf.
v. Using JARING facilities to receive replies from unsolicited emails (commonly
referred to as "drop-box" accounts);
vi. Configuring any email server in such a way that it will accept third party
emails for forwarding (commonly known as an "open mail relay").
Up
3.2.3. Usenet (Netnews / Newsgroups) Abuse
Without limitation of the foregoing, Users are strictly prohibited to engage
in any of the following activities:
i. Making any posting for commercial purposes (including without limitation
the pointing to specific URLs for commercial purposes), except where such postings
are expressly permitted under the charter and/or Frequently Asked Questions
(FAQ) of an applicable newsgroup;
ii. Posting binary files to newsgroups whose charter or name does not include
allowances for such files;
iii. Canceling newsgroup postings other than your own, or using auto-responders
or cancel-bots (except in cases of official newsgroup moderators performing
their duties);
iv. "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting"
(EMP), or "Usenet spam": JARING retains the exclusive right to define
these and other terms, however, JARING generally refers to the definitions found
at http://www.cybernothing.org/faqs/net-abuse-faq.html;
v. Disrupting newsgroups with materials, postings, or activities that are (as
determined by JARING in its sole discretion), excessive, or repetitious, unless
such materials or activities are expressly allowed or encouraged under the newsgroup's
name, FAQ, or charter;
vi. Performing any unauthorized creation, cancellation, or removal of newsgroups;
3.3. False Identity, and Invasion of Privacy and Protection
Without limitation, Users are strictly prohibited from:-
i. Publishing or disseminating information that publicizes the personal information
of a person without consent thus violating such person's privacy rights.
ii. Threatening any persons with bodily harm, making harassing or abusive statements
or messages, or soliciting the performance of acts or services that are illegal
under applicable law.
iii. Forging the signature or other identifying mark or code of any other person;
iv. Impersonating or assuming the identity or any other person;
v. Engaging in any other activity (including "spoofing") to attempt
to deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous remailers or Internet nicknames);
vi. Falsifying identity or contact information in legitimate registration bodies
(e.g. JARING, MyNIC, APNIC, or other parties).
Up
3.4 World Wide Web
JARING, without limitations, strictly prohibits Users from engaging in any
of the following web-related activities:
i. Exploit or attempt to exploit any scripts presented on any web pages (e.g.
forms for answering questions or for entering data).
ii. Excessive use of bandwidth by utilizing programs, scripts, or commands
to abuse a web site (for example, by connecting for an excessive amount of time,
repeatedly engaging site-local scripts or related behaviors).
iii. "Walking" a database for the purpose of collecting data contained
within.
iv. Configuring a web page to act maliciously against other users visiting
the web page.
Up
4.
GUIDELINES OF USE
Users are responsible for to ensure that they, their customers, and their respective
agents and contractors abide by this AUP.
Users will be held responsible for all traffic either sent via their connection
to JARING or sent elsewhere using support services provided via their connection
to JARING. To this end, they are required to comply with the following standards:-
4.1. E-Mail
i. Mass or commercial emails may be sent only to recipients who have expressly
requested receipt of such e-mails.
ii. The sender of any solicited bulk e-mail shall, upon the request of a recipient,
immediately remove such recipient from all applicable mailing lists and refrain
from further transmissions of e-mail to the recipient.
Up
4.2. Usenet (also known as Netnews or Newsgroups)
i. JARING recommends that Users not post to any newsgroup until they have familiarized
themselves with the subjects, established guidelines, and restrictions of such
newsgroups.
ii. Users of JARING networks are advised to adhere to all Usenet guidelines
and restrictions therein incorporated.
iii. The legitimacy of a given post or cancellation of such post thereof is
generally determined by the official newsgroup or mailing-list moderator, therefore,
JARING usually refers to their judgment on these issues. JARING however retains
the exclusive right to make these determinations at its own discretion.
4.3. Resellers and Downstream Providers
For Users running/planning to run their own Internet services to customers
or downstream providers, the following guidelines shall be adhered to:-
i. Provide JARING with contact information (valid and up-to-date e-mail address(es),
telephone number(s) , pager numbers, etc) for JARING to notify Users regarding
the AUP compliance.
ii. Maintain a mailbox and read mail to postmaster@customer's domain name.
iii. If an organisation has roaming users who wish to use a common mail server,
proxy/SOCKS server, shell, or any other service, the server must be configured
to require some form of user identification and authorization.
iv. Educate the User customers about AUP to ensure compliance with the same.
v. Promptly investigate and satisfactorily deal with any violations of the
AUP.
vi. If hosting websites, it is recommended to use a minimum of one IP address
per User customer so that JARING has the ability to block only that customer's
IP address that is involved in any violation(s) of the AUP.
Up
5. VIOLATIONS
5.1. Disclaimer
JARING expressly disclaims any obligation to monitor its Users with respect
to violations of this AUP. JARING has no liability or responsibility for the
actions of any of its Users including but not limited to the content any User
may post on any website.
5.2. Reporting Violations
JARING encourages Users to report violations of this AUP by e-mail to abuse@jaring.my,
specifying the type of abuse (for example, "Spam", illegal acts, harassment,
etc.) in the "subject" field of the e-mail.
Applicable information that will assist JARING in investigating the violations
are as listed below:-
i. The IP address used to commit the violation.
ii. The date on which the violation committed.
iii. The time at which the violation was committed.
iv. The time zone relevant to (ii) and (iii) above.
v. Evidence of the violation
Up
5.3. Remedial Actions.
Each User and/or its customers shall be responsible for all violations passing
through their connection to JARING.
If JARING discovers a violation of this AUP (such as via a complaint), JARING
will contact the applicable User for a response and complete resolution. At
JARING's sole discretion, any number of the following actions will be taken,
in accordance with the severity and duration of the violation:-
i. Issuance of warnings and/or advisories if necessary, to the User, for the
User's remedial action or explanation.
ii. After twenty-four (24) hours from the issuance of said warning or advisories,
JARING may block traffic to and from the IP address(es) involved in the violation
if there are no responses indicating complete resolution from the User, until
JARING is convinced that the violation is resolved and preventative measures
have been implemented to prevent the violation from recurring.
iii. Users whose connections to JARING are used to provide services to support
"Spam" are subject to suspension of services upon two (2) hours notification.
iv. If the violation is severe, OR if JARING learns of issues indicating that
a previous violation has not been resolved, JARING may block traffic to and
from the IP address (es) assigned to the User involved in the violation instantly
upon discovery of such violation without notice, until JARING is convinced that
the violation is resolved.
v. After five (5) days from the issuance of said warning or advisories and
if there are no responses indicating complete resolution by the User, OR if
JARING learns of issues indicating recurring similar violations from the same
User, JARING may terminate the service or any other services associated with
the offending User. JARING may also blacklist the offending User, effectively
disallowing future subscriptions to any JARING services.
vi. Removing the any offensive content from User's websites;
vii. Taking other action in accordance with this AUP, the applicable service
contract or applicable law as may be necessary;
viii. Notifying the legal authorities of the violations.
Up
5.4. Reservation of Rights.
5.4.1 Cooperation with Authorities
JARING reserves the absolute right to cooperate with the relevant authorities
in investigations of claims of illegal activities involving JARING's services
and Users. JARING reserves all rights to respond to violations of this AUP to
the extent allowed by any applicable law and in accordance with any applicable
contractual obligations.
5.4.2 Monitoring and Privacy
JARING may utilize technical means to monitor communications into, and out
of, its network facilities to prevent, without limitations, the introduction
of viruses or other hostile code, intrusions. Each User agrees that JARING is
authorized to monitor its communications through JARING's network for such purposes.
5.5. Rationale for Strict Enforcement
Unlike traditional carriers and physical operation services (post office, business
areas, etc) abusers of JARING networks and services can, given the nature of
the Internet, cause enormous damage to the targets of their abuses, as well
as the ISPs involved in carrying the offending data, at little or no cost to
themselves.
Damage caused include ISP bandwidth being used to deliver the offensive data,
additional IP infrastructure needed to handle such data, and time and money
wasted in filtering out, deleting such data, or recovering (if possible at all)
from any damage incurred.
JARING believes that users of the Internet should not be forced to incur such
unnecessary expenses without their consent. As a result, JARING believes that
the elimination of violations, especially widespread "Spam" and viruses,
will result in a better and less expensive Internet experience for all Internet
users and will allow JARING to provide better and more efficient service to
its Users.
End of document.