This Acceptable Use Policy governs the use of computers and servers on the ExChat Internet Relay Chat Network, including but not limited to, its chat forums, web pages, and e-mail services. As a user of these resources, you are responsible for reading and understanding this document.
This document protects the users of ExChat, computing hardware and networks, and system administrators.
Connection to the ExChat IRC LLC is a privilege, not a right. ExChat reserves the right to deny access to its network without advanced warning and without being under any obligation to provide a reason. Where a reason is provided, it is done so at the discretion of ExChat.
ExChat is an unmoderated forum made possible by the donations of its service providers and volunteer staff. By connecting to ExChat you accept that you are a guest on a private system. Your privilege of use is revokable at any time for any reason. Further you accept that you have no claim to any data maintained by ExChat that you have used.
ExChat does not control/monitor the content transmitted via its services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using ExChat, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ExChat be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via ExChat.
ExChat reserves the right to alter this AUP and any terms and conditions of service at any time without prior notice. However, a notice will be sent to the email@example.com mailing list at least 10 days in advance of such changes if possible. Notice is deemed given when sent.
The ExChat AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you use any ExChat resource/service, and to each revision of the AUP that becomes effective subsequently. This version of the ExChat AUP supersedes all earlier versions.
The formation, construction, and performance of the AUP will be construed in accordance with the laws of California. If any provision of the AUP is held invalid or unenforceable, the remainder of the AUP will nevertheless remain in full force and effect.
If any provision is held invalid or unenforceable with respect to particular circumstances, it will nevertheless remain in full force and effect in all other circumstances.
Rights and Responsibilities
This network can provide access to resources locally, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources, and observe all relevant laws, regulations, and contractual obligations. Since electronic information is volatile and easily reproduced, users must exercise care in acknowledging and respecting the work of others through strict adherence to software licensing agreements and copyright laws. ExChat will openly and fully cooperate with any duly authorized law enforcement agency in their efforts to enforce their laws.
By using ExChat, you agree to indemnify and hold harmless ExChat, its resource providers, officers, operators, administrators, and other agents from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber’s use of ExChat services in any manner, whether directly or indirectly or by any act or omission.
You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) your use of any ExChat service, (2) the communications means by which you connect your terminal, personal computer or other device to ExChat services or to any service provided to and by ExChat, and (3) the local ExChat server you connect to as stated or referenced to in its Message of the Day (/motd).
Your rights herein granted cannot be transferred, assigned, shared, sold, or used by anyone other than yourself.
ExChat has the right to delete ALL data files, or other information that is stored in any database operated by a ExChat officer or under the auspices of ExChat once your nick/channel’s registration has been terminated, by either you or ExChat.
No warranty is made by ExChat regarding any information, services or products provided through, in connection with, or located on the computer systems owned by, or operated under the auspices of, ExChat or any other services provided by ExChat. ExChat hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability, accuracy, or content of information, products, or services; and, (ii) any warranties of merchantabilitiy or fitness for a particular purpose.
ExChat shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure.
No agent, officer, or representative of ExChat has any authority to bind ExChat to any affirmation, representation, or warranty concerning the services provided by ExChat.
Minor infractions of this policy, when accidental, such as connecting multiple clients, or flooding, are generally resolved informally by a network operator and may result in temporary removal from the network (/kill) or dealt with through electronic mail or on-line discussion and education.
Repeated minor infractions or misconduct which is more serious may result in the temporary or permanent loss of network access privileges (k-line) or the modification of those privileges. More serious violations include, but are not limited to unauthorized use of nickserv/chanserv accounts, attempts to steal passwords or data, repeated harassment, or threatening behavior. In addition the offender’s service provider will most likely be informed.
Harassment, as mentioned above, shall include, but is not limited to, the following:
- Repeated unwanted communication to a user beyond that user’s reasonably expected ability to deal with the situation (e.g. /ignore & /silence).
- The use of network resources to publicly (viewable from outside a channel; e.g. in a /topic) antagonize, defame, or demean any person.
- Transmitting, without consent, a person’s private/privileged identification and/or financial information. Examples being: Real Name, Phone Number, Address, Social Security Number, Bank Accounts Numbers, Credit Card Numbers, etc …
[Note: Channels structured to facilitate harassment as detailed above are subject to closure.]
Upon receiving a “k-line”, the user is on notice that they are no longer authorized to access ExChat’s systems. Any attempt to circumvent the restriction will be considered trespass and subject to civil prosecution. The user is instructed to contact kline@ExChat.us via e-mail to facilitate the removal of the restriction and to once again be authorized to use the system.
ExChat endeavors to allow all persons to be able to use its services in a free and unmoderated manner. However, ExChat will its right to remove users at its own determination, when it feels that doing so benefits the community as a whole. There are times when accomplishing this requires restricting access to an entire ISP. ExChat will make every effort to work with the affected ISP to track down and restrict just the offending individual(s) and once again allow access to the ISP’s normal userbase.
The failure of ExChat to exercise or enforce any right or provision of the AUP shall not constitute a waiver of such right or provision.
Conduct Which Violates this Policy
Definition: An “account” with regard to any of ExChat’s services (Nickserv, Chanserv, MemoServ etc) is the data within said services that is designated for a specific user based upon their selected nickname and/or channel. Access to an “account” is derived by appearing with a recognizable user address and/or supplying an appropriate password. Upon creating an account, the user assumes full responsibility for the confidentiality of your account/password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Conduct which violates this policy includes, but is not limited to, the activities in the following list.
- Unauthorized access of a nickserv/chanserv account.
- Using ExChat to gain unauthorized access to any computer systems.
- Connecting unauthorized servers to the network.
- Unauthorized attempts to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data.
- Knowingly or carelessly performing an act that will interfere with the normal operations of computers, servers, or processes on ExChat.
- Knowingly or carelessly running any program that may damage or place excessive load on a server or the network. This includes, but is not limited to, mass-invites, mass-messages, and programs known as floodbots and clonebots.
- Connecting an automated client (bot, fserv, etc..) to a ExChat server without prior authorization by that server’s administration.
- Using ExChat resources for commercial activity, such as advertising or selling a product, for the purpose of financial gain, without prior approval of the ExChat administration.
- Forging the identity of a user or machine in an electronic communication.
- Displaying obscene, lewd, or sexually harassing images or text on a public channel without the prior consent of that channel’s operators.
- Intentionally repeating or transmitting material in a rapid manner producing the affect of harassing a user by “flooding” them.
- Attempting to monitor or tamper with another user’s electronic communications, or reading, copying, changing, or deleting any part of another user’s nickserv/chanserv/memoserv account without the explicit agreement of the owner.
- Using a channel for the primary purpose of facilitating the transfer of files.
For further information on anything contained in this document, please contactÂ firstname.lastname@example.orgÂ or while online, /join #operhelp and ask to be contacted by a ExChat administrator.