AUP

 

TO Chat Rules / AUP / Privacy Practices

All rules listed here are expected to be followed. By Connecting to the network you accept the terms listed here and agree to abide by them. Failure to comply with the requirements set forth can result in temporary or permanent suspension of access to the network.

Here are the terms you agree to by connecting:

1.)    You are permitted to control your nickname and channel registrations only.

a.       You are not authorized to control another user’s channels.

                                                               i.      Exception: Unless you are explicitly added to the access list for the channel.

b.      You are not authorized to use another registered user’s nickname for any reason.

2.)    You are not permitted to use the chat network for any illegal activities. Including but not limited to:

a.       File Sharing of Copyright materials.

b.      Inciting Hate Crimes

c.       Abuse users either emotional, verbal, or otherwise.

d.      Attempting to circumvent security and data protection systems.

e.      Fraud

f.        Identity Theft

g.       Theft of personal information.

                                                               i.      Information willingly given is exempt.

h.      Using chat to violate (or instructing others to…) any local, state, federal, or international laws. Determination of this is not limited to user’s local but may apply to the Server’s geographical location’s local, state, federal or international laws.

3.)    You are not permitted to interfere with the Network’s, Server’s, Channels, or User’s operation and use by:

a.       Flooding Channels (aka Scrolling)

                                                               i.      Flooding is any attempt to disrupt the use of a channel, server, or network by filling the text area that users read with useless text or other material.

b.      Spamming ( Unwanted Advertising of channels, websites, etc.)

c.       Mass-Inviting users to a channel. (Also considered Spamming).

d.      Or any other unwanted activity that disrupts the use of the network in any way, shape or form.

4.)    You are not authorized without explicit consent to use the Network’s resources for personal gain, either financially, publicly, or otherwise.

5.)    You are not permitted to falsely represent yourself. This includes but is not limited to:

a.       Falsifying your name.

b.      Falsifying your host (or IP Address)

c.       Posing as an official (in any capacity; Admin or Otherwise)

6.)    You are not permitted to display any lewd, sexually harassing, or other related material.

7.) Age Restrictions:

a.       Users ages 12 and Under are not permitted to use the Chat network, its websites, or its affiliates for any reason.

b.      Users ages 13 – 17 may only connect to the Chat network with Parental Consent. (By connecting consent is assumed to be given.)

c.       Users ages 18+ have limited restrictions. (AUP/Rule Restrictions only)

11.) Private Channels –  Private channels are user generated and/or registered channels. Private channels may have their own set of rules that the owners may enforce.  Private channel owners must still adhere to the AUP.

a.       You are not permitted to circumvent any bans, or channel restrictions that would prohibit your joining. This includes but is not limited to:

                                                               i.      Ban Evasion

                                                             ii.      Circumventing passworded rooms.

                                                            iii.      Circumventing Channel Moderation.

b.      Channel staff may report inappropriate activity and may have users who are in violation of the rules evicted from the channel or network.

12.) Public Channels – Public Channels are not user generated. The are created for the use of every user on the network. For a list of Public Channels please visit http://www.tochat.org/.

a.       Public channels are maintained by Network staff as well as their appointee’s.

                                                               i.      Users with, Moderator or Admin status in public channels are there to enforce all rules listed in this section as well as in the AUP.

b.      Public channels are not to contain any Violent, Harassing, Vulgar, Lewd, Sexually oriented, or other objectionable material.

c.       Any user who is deemed to be disrupted may be muted, kicked or banned from the channel or network. 

13.) You are not permitted to threaten or encourage in any way, shape, or form against a user. Threats include but are not limited to:

a.       Bodily Harm

b.      Defamation

c.       Mental Capacity

d.      Etc…

14.) You are permitted to use file sharing if the following rules are obeyed:

a.       You have ownership, or written consent to transmit files.

b.      Transmission of files are not meant to harm a user or obtain confidential and personally identifiable material. (Trojans, Virus, Etc.)

c.       You are not violating any other “applicable laws”.

d.      You are not using a channel for the sole purpose of the transmission of files. (Files must coincide with the channel’s purpose except if the channel was created for the sole purpose of filesharing.

15.) Nickname Registration Rules:

a.       Nicknames may not be offensive.  All nicknames must be acceptable for all ages.

b.      You are required to register with a valid e-mail address.  You will receive replies to your e-mail address when tickets are created and your registration approved.

c.       You may not use Registration to facilitate Nick stealing or hoarding.

d.      You may not use Registration to register a Nick similar(or using part of) to another person’s nickname. For Example:

                                                               i.      Bobby is owned by George.
You try to register Bobby-Away, Bobby-AFK, etc.
This is a violation of the AUP.

                                                             ii.      Beowulf is owned by George
You Try to register Beowulf83
This is NOT a violation of the AUP.

e.      You may Not Register any Nicknames starting or ending with Guest. Attempts to register these nicks will be rejected or deleted.

f.        Nickname registrations expire after 31 days.

g.       If you lose your nickname registration and it is registered by another user, that is not considered a violation of the AUP. If a nickname expires, it is fair game to all other users.

16.) Channel Registration Rules:  

a.      Channels expire after 14 days.

b.      Channels expire if the Founder’s Nick expires and there is no right of succession setup.

c.      Channel Names must not be offensive.

17.)  “Ex Post Facto” & Network Staff Discretion:

a.       Ex Post Facto: Network Staff may, in their opinion, carry out punishment for any action that is considered offensive even if it is not explicitly or implicitly published in the AUP.

b.      Network Staff Discretion: Network staff at any time has the final say on violations of the policies. Network Staff may, out of their sound mind, interpret and react to any behavior or action taken place on the network. Even if an action was not intended as a violation of the AUP but the Staff Member determines that the action was a violation, they may carry out punishment. Network Staff has the final say on what is or isn’t acceptable use of the network.

Punishments:

The Following is a list of punishments (in list of least sever to most sever). Punishments are chosen based on severity as well as the Network Staff Member’s discretion. Punishments do not have to follow this order. Punishment’s 1, 2 and 3 only apply to public channels. Private channels have their own set of enforcements.

(1)    Removal From Channel(s) [Public]

(2)    Temporary Ban from Channel(s) [Public]

(3)    Permanent Ban from Channel(s) [Public]

(4)    Temporary Removal from network.

(5)    Forced loss of channel or nickname registrations with network notification of infraction(s)

(6)    Permanent Removal from network

(7)    Referral to Law Enforcement.

Uptime Expectations:

There are no written or implied uptime expectations on the network.  TO/The Talon Chat hold no guarantee that the servers will be available for users. While an honest attempt will be made to provide the service without interruption, there can be no guarantee on reliability made.

Legal:

By connecting to TO Chat, you agree that TO Chat holds no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay, or other types of communication failure.

TO Chat holds no liability for the content posted by other users. There is no expectation of moderation or control of material, text, or other data transmitted across the network. Use of the network acknowledges that TO Chat cannot be held liable for damages related to the use of the network, either direct or indirect.

TO Chat reserves the right to destroy ALL data pertaining to nickname, channel registrations and any personal information at any time either at the discretion of Network Staff or the user.

No Staff Member has any authority to bind TO Chat to any affirmation, representation, or warranty concerning the services provided.

Network Staff, Affiliates opinions and comments do not directly reflect the views of TO Chat.

Connecting to TO Chat’s network is voluntary, and is a privilege and not a right. Users are responsible for their own action(s).

TO/The Talon Chat’s Authorized Affiliates:

1.)    Google

2.)    Google Adsense

Privacy:

By Using the Network you understand that TO/The Talon Chat will…

1.       Attempt to protect the data stored within it’s network.

2.       Occasionally e-mail users about changes.

3.       Not share personal information with other parties (where protected by law).

4.       Monitor channels and activity and may post ads related to relevant material.

5.       Provide personally identifiable material to Law Enforcement, and respond to any subpoenas requesting for documentation.

6.       Log activity and usage of the network, and its services.

7.       Use user registration information for enhancement of additional services including web interfaces.

 

Last Updated: 2/28/2011

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