|
Announcement: February 20th, 2002 Hello everyone, Right around Valentine's Day, the Rogers "End User Agreement Team" began sending e-mails to subscribers running servers, threatening to disrupt service for those who don't comply with their order to "remove all servers immediately". Whether users are running casual servers, or are abusers, doesn't appear to matter to Rogers. Bell has apparently taken similar action with its subscribers. [E-mail From Rogers's EUA Team]Here is the standard text from one of these e-mails:"Dear Subscriber: It has been brought to our attention that your provisioned IP address (24.xxx.xxx.xxx) is being used to operate a server on the Rogers network (please see the bottom of this notice). Please be advised that all servers are a violation of section 7.(k) of our End User Agreement and Acceptable Usage Policy: 7. Use of Rogers. You agree to comply with those policies regarding permitted and prohibited uses of Rogers as may be posted by Rogers on the Rogers website from time to time (the "Acceptable Use Policy" or "AUP"). Without limiting the generality of the foregoing, you agree that you will not use the Equipment or the Service to, directly or indirectly: (k)operate a server in connection with Rogers including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums. Your account will be checked in the future. To avoid any interuption in service, please remove all servers immediately while connected to the Rogers network. Thank-you for your assistance with this matter. Sincerely, Rogers End User Agreement Team http://rogers.home.com/help/content/download/rh_policies/ Response to connection to IP 24.xxx.xx.xx: 220 Serv-U FTP-Server v2.5 for WinSock ready... IP found behind modem Serial#: xxxxxxxxxxxx Found on: xx/xx/2002" [RBUA Policy On Server Usage]Our stance on server usage has always been that "casual" servers are allowed to be run in conjunction with any and all broadband internet services. A casual server is defined as that which is private (i.e. non-advertised), low bandwidth- particularly during peak hours- carries only legal material and is secured against outside intrusion. Here is an even clearer and more in-depth description, listed at https://www.rbua.org/announce/11-09-01.php:
[Service Providers' Rights]If you follow these rules, neither Rogers, Bell, nor anyone else can make you remove your server(s). They have no legal recourse to do so, unless you have done something that makes you into an "abuser". In that case, you can be disconnected, or have your service disrupted, if you don't heed your service provider's initial warning(s). We, at the RBUA, cannot- will not- help anyone who is fairly labelled an abuser. Otherwise, we most certainly WILL.[Rogers Policy Change]This is a significant change in policy for Rogers, with respect to its internet offering. They said nothing to us about this at our last meeting only a couple of weeks ago on February 5th. They failed to tell this to us on our conference call on November 22nd, 2001. They failed to tell this to us at our August 2001 meeting and our April 2001 meeting. Or even at the September 2000 meeting. In fact, the last time this subject was even mentioned was at the June 9th, 1999 meeting. Please see item 16 "Recent changes in the Rogers @Home EUA" at https://www.rbua.org/meetings/mgtmtg2.php to understand exactly what was said at that meeting. This recent action from Rogers is a complete, 180 degree turn from their prior stance on casual server usage.[Request For Comment From Rogers Management]The RBUA has asked for Rogers management to comment on this issue, both on Friday of last week and Tuesday of this week. We have yet to receive any sort of response and will certainly post it if we receive it. We definitely would like that response before our conference call with management, to take place in a week's time.[Request For Comment From Subscribers Who've Experienced Service Disconnection]We ask that every single subscriber, irrespective of service provider, e-mail us IMMEDIATELY at servers@rbua.org if you've experienced a service disconnection as a result of failing to comply with this, or any other messages forbidding you from running casual servers, as per our definition above. While you're at it, please also copy the same message as a complaint in our form at https://www.rbua.org/members/complaint.php. Please include the message(s) you've received from your service provider, along with the IP address of the scanning computer, if you have it. Multiple submissions, covering each separate disconnection, is greatly encouraged and helpful. We want to hear from Rogers and Bell (Sympatico HSE) subscribers, specifically, but all responses are very welcome and greatly appreciated. You help not only yourself by providing us with an account of your disconnection(s), but potentially hundreds of thousands of your fellow subscribers. We are very interested in seeing if Rogers and others actually follow through with their threats of disconnection. If so, and you've done nothing to warrant those threats, we will take swift action against the service provider(s) in question.[Circumvention Of Rogers Scans - Other Providers To Follow]Circumvention is child's play. If you're intelligent enough to run a casual server, then you certainly have the skills to prevent your service provider from detecting any casual servers you may be running (with the exception of SMTP and POP, of course). There are two methods:
[Final Comments]The Residential Broadband Users' Association views this issue with the utmost seriousness and gravity. Disallowing subscribers from running casual servers on THEIR OWN COMPUTERS, in light of the fact that the servers aren't affecting their fellow subscribers' service, is vile, draconian and totally unnecessary. This action serves no purpose, except to annoy, anger and irritate subscribers who follow their end user agreements to the letter. The mere act of scanning for casual servers, without just cause, is viewed no differently by us. I, as President and Technical Director of the RBUA, provide my personal assurances that the service providers in question will answer for their actions and be held fully accountable for them. That's it, for now.Regards, Chris Weisdorf President and Technical Director, Residential Broadband Users' Association |
|