Terms of Service

Document Approved May 26th, 2023

Document Last Updated May 1st, 2024

General Stuff

Marbled Fennec Networks, its subgroups and partner networks strive to
provide internet communications, tunneling and hosted services
to our members:

  • “Marbled Fennec Networks” refers to the loosely banded together group
    of computer system and computer network hobbyist that provide upkeep to
    the project and its server(s), as well as the service(s) provided by said
    group;
  • “us”, “our”, “we”, “MFN”, “Marbled Fennec Networks”, “the project” or
    “ourselves” are used to refer to either or a combination of the above
    service(s), equipment, virtual equipment, volunteer staff and/or service(s)
    provided.

Extended Term Meanings

  • agreement” means all of the terms and conditions that apply
    to the use of any services you are granted access to from MFN,
    including these Terms of Service and any document(s) describing
    the services, network layout, limitations and any policies by
    reference.
  • equipment” means any virtual machine, virtual router or
    connection profile used to access MFN’s network or used in
    conjunction with the services provided to you.
  • service” or “service(s)” means any service(s) that you receive
    from Marbled Fennec Networks such as, but not limited to, network access,
    virtual machine hosting, web hosting, game server hosting, VPN
    access, email service(s) and virtual routing.
  • on-network” refers to any device, physical or virtual, that is
    connected to our network for any purpose, including but not limited,
    to the use of your service(s) and account(s).
  • volunteer staff” refers to any member of Marbled Fennec Networks who
    has been placed into an administrative position and assist with the day
    to day operations of the project on a purely volunteer basis.
  • project member” refers to any member of Marbled Fennec Networks who is
    not in an administrative position but makes use of service(s) provided by
    the project for connectivity or providing access to their own services.
  • project guest” refers to any non-member person(s) who has been invited
    and registered with the project’s volunteer staff by a project member of
    Marbled Fennec Networks to temporarily take a look at the project and its
    operations for a period of time not to exceed seven week days before parting
    from the network or opting to become a registered project member themselves.
  • Subnote: The general public who may access services provided to the public
    by Marbled Fennec Networks or the project’s members are not considered project
    guest. Some services are placed into operation for use by anyone from the general
    public on the internet, such as but not limited to game servers, websites and
    web applications hosted on our network. Visiting these public endpoints does not
    make anyone a project guest or project member.

This agreement applies to all services provided to you by us and
runs from the date that the service(s) are approved and provided
to you until either: (1) you give us notice via a support ticket
or email that you wish to discontinue use of your service(s); or
(2) we terminate the service(s) for breach of agreement or
unreasonable network load; or (3) the project exhaust its
funding and must stop operations.

Your account information may, from time to time, be disclosed to
our volunteer staff, upstream provider(s) and law enforcement in
order to provide service(s) to you, respond to your questions via
the support ticket system or email and to cooperate with law
enforcement when and as required when issues arise that would
need such.

As a condition of using any service provided by MFN to you, you
agree to and must comply with the agreement. The agreement
constitutes the rules, terms and conditions that you must abide
by while using service(s) from the project. Failure to abide
by all parts of the agreement may result in termination of your
service(s) with us and possibly you being banned from obtaining
service(s) with us in the future.

As a condition of your use of the service(s), we may install and
update software on virtual equipment required to access the
service(s) in order to keep our network secure, to update or
upgrade our network or to fix a bug in our network. By agreeing to
the agreement, you also agree to the terms of any software license
agreement for software supplied to you in connection with the
service(s), and you further agree that the terms of any such
software license agreement also form part of the agreement.

To request or make use of service(s) from the project, you
must be eighteen years of age or older. By requesting or making
use of service(s) from us, you are making a statement that you
are of age to enter into the agreement that governs use of said
service(s).

Service(s) from Marbled Fennec Networks are setup and provided to
project members and end users with the understanding they know
how to deploy and use the service(s) on their equipment. The project
cannot and will not provide support beyond the creation of routes,
firewall rules and connection profiles. Service(s) provided by the
project are meant to be used by individuals who posses some intermediate
level of computer network and routing knowledge. Marbled Fennec Networks
does not require volunteer staff to setup endpoints or other end user
equipment. Our demarcation point is the connection profile that is created
for our project members or end users. All equipment on the project member
or end user side of the tunnel created by the connection profile is the
full responsibility of the operator (project member or end user) of
said equipment.

You are fully and solely responsible for all access to and use of
service(s) and account(s) provided to you from Marbled Fennec Networks.
This includes any breaches of agreement, whether you or a third-party
making use of your service(s) or account(s) is at fault. You
understand that breaches of the agreement may result in termination
of your service(s) and account(s), as well as possibly being banned
from obtaining service(s) or account(s) in the future.

By accessing and using any service(s) or account(s) provided to you,
you agree to the terms and conditions contained in the agreement and
you further agree to comply with and use the Service in accordance
with the Agreement and all applicable laws.

By entering into the agreement, you:

  • Accept all provisions of the agreement, including these Terms of
    Service;
  • Agree to be responsible for all persons who use service(s) under
    your account or with your authorization and ensure that terms of the
    agreement are adhered to;
  • Are agreeing that the acts or omissions of all persons who use
    service(s) under your account(s) or with your authorization will be
    treated for all purposes as your acts or omissions;
  • Are agreeing that you have received and had the opportunity
    to review a copy of the Agreement, including these Terms of
    Service;
  • Are stating that the information you have provided to us is
    up-to-date and accurate; and agree to notify us of
    any change in your contact or account information as soon as
    possible via the support desk located on our website at
    https://support.marbledfennec.net:3500/

By making use of your service(s) or account(s), you agree that posting,
transmitting or otherwise distributing information constituting or
otherwise encouraging conduct that would constitute a criminal offense
or give rise to civil liability while using the service(s) or your
account(s) is strictly prohibited. Using service(s) in a manner that
is contrary to law or to our policies or would serve to restrict or
inhibit any other user from using or enjoying any service(s) that we
provide or the Internet is also strictly prohibited. Failure to abide
by the above terms will result in your service(s) being terminated.

You also agree not to use any service(s) or any equipment or software
provided in connection with service(s) in a manner that contravenes
restrictions lawfully and legitimately imposed on us by our upstream
providers.

Our volunteer staff members form a team of network admins, network moderators,
project coordinators and operators. They are humans and have emotions, desires
and feelings about topics that affect our project. Volunteer staff members are
not to be abused, yelled at, talked down to or discriminated against. They have
to operate and respond to tickets, emails and other inquiries within the guidelines
set internally by our governing board. Harassment or abuse of any kind directed
at our volunteer staff, project members or project guest is strictly prohibited.

You understand that you are not allowed to resell, sub-license or allow
any third-party to otherwise make use of your service(s) or account(s)
without getting permission in writing from us via an email from Skylar or
Ty Dwagon that comes from the domain marbledfennec.net. Failure to
adhere to the above will result in you being removed and banned from
the network with no option to appeal the ban. The network that we operate
is provided to our project members and end users free of charge and we
do not permit any reselling or action(s) that could be viewed as attempts
to resell the service(s).

Marbled Fennec Networks works very hard to ensure fair use of our network
and other resources by all members of the project. We reserve the right
to terminate your service(s) or account(s) without prior notice, where any
of your service(s) or account(s) are used in a way which negatively impacts
the stability, usability or availability of our network for other users.
We may move, remove or refuse to post any content, information or materials,
in whole or in part, that we decide are unacceptable, undesirable or in
violation of the agreement.

By requesting service(s) from us, you understand that we may need to
collect certain information such as, but not limited to, your legal name,
a contact phone number, your email address and your postal mailing address.
This information will not be shared outside of the project except for when
required by law enforcement or when requested by our upstream providers due
to issues arising from use of your service(s) and account(s).

You also understand and agree that you have been made aware that
during the use of your service(s) and account(s), data sent and
received will pass through various filters, firewalls, routers,
intrusion detection systems and other network appliances on our
network. This necessary to protect and secure our network and
servers. Some of these systems may temporarily and automatically
block incoming and outgoing traffic to on-network devices if any
data passed through them matches a rule or flag in their respective
configurations.

In addition to the above, Marbled Fennec Networks does not and
will not permit the operation of SMTP (email) servers by members
or end users of our project who have received access to account(s)
and service(s) provided on our network. Due to the efforts we have
put in to keep our address space spam free, clean and off of
blocklist; we will not respond to request to unblock access to ports
25 and 465. Traffic on these ports is blocked both at the edge and
internally within our routing stack.

Service and Account Monitoring

Marbled Fennec Networks takes the privacy of our project members
seriously. We try to remain a neutral carrier as much as possible
and have no desire to know what our project members are doing on
the network aside from the brief statement you provided us with
when you requested service. That being said, there are a few
situations in which our volunteer staff will attach a low-level VM
to the network directly and observe traffic flows:

  • When it becomes necessary in order to manage and operate the
    network, or to protect ourselves or others. This type of access may
    become needed in the context of alerts that bring us notice of a
    problem, a project member that is abusing the network or a part
    of the network has become unresponsive or compromised.
  • In the case of illegal content or extreme network abuse, we may
    be legally required to provide our upstream providers or law
    enforcement with logs, account stats or a monitoring capable
    virtual network drop.
  • The only other case for dropping into the network at the packet
    level like this would be for diagnosing routing and link issues; in
    which case we discard any traffic not related to our task at hand.

Furthermore, Marbled Fennec Networks operates various virtual routers,
firewalls, bridges and other networking equipment. This equipment is
normally configured to keep logs on hand for forty-five days before
the logs are reset to save disk space. Volunteer staff who perform the
network engineer, network moderator and support functions for the project
have access to these logs for diagnostic, network control and security
purposes. Project members and end users are being made aware of this via
this terms of service and other project policies. Logs are reviewed when
a member makes a ticket with support for troubleshooting or when various
network equipment generates fault conditions or flags traffic. If you do
not agree to the above, you are to stop your use of provided service(s)
and account(s) at once and notify our support desk.

Information Relating to use of the Services

You understand and agree that we may keep and use any information,
comments, account records, service records and other data related
to your use of service(s) and account(s) on our network for the
administration of your service(s) and account(s) on an as needed
basis. The above information will be removed from our systems
forty-five days after your service(s) or account(s) have been
terminated.

You understand that volunteer staff may contact you via email from time
to time to notify you about service or network changes, account changes,
equipment upgrades, planned service or network outages and account
terminations.

Service Request and Approval

All service(s) provided by Marbled Fennec Networks are offered on a first come,
first serve basis. Furthermore, we may reject any request for any reason we deem
fit. Our existing project members are our first priority and we must be mindful
of bringing on new members with respect to server CPU, memory and storage limits;
not to mention that our network has limits and must be keep within its operational
limits to ensure the enjoyment and usability of our resources by all current
project members.

Marbled Fennec Networks reserves the right to terminate an existing project
member’s or end user’s service(s) and account(s) for any reason such as, but
not limited to, network abuse, bandwidth hogging, improper use of equipment
or network, causing a quality reduction for other members or just being
generally disruptive to our daily operations.

By making use of any service(s) or account(s) provided to you by Marbled Fennec
Networks, you understand and agree that all service(s) are provided on a best
effort basis and that any quoted speed, bit rate, storage size, CPU usage or
memory allocations are considered as “up to” and not considered as set in stone
limits.

Service Level Agreement and Service Backups

When requesting service(s) from Marbled Fennec Networks, you are aware and understand
that we do not have any form of service level agreement in place. While all services
are provided on a best effort basis, issues do sometimes arise that create down time
and loss of access to network and hosting services. As our services are provided to
our project members without cost to them, Marbled Fennec Networks does not and will
not provide any form of service level agreement and it is to be understood that all
use of provided services are at your own risk.

Marbled Fennec Networks may occasionally opt to provide project members with VPS or
VM hosting on our network equipment. When this situation occurs, it is to be known
and understood that Marbled Fennec Networks does not and will not provide VPS or VM
backup or restore options to project members. It is up to the project member to figure
out and deploy their own backup and restore solutions for their data. We provide no
guarantee of data safety, integrity or usability with VPS or VM instances hosted on
our networking equipment and all such activities are performed at your own risk.
Marbled Fennec Networks only provides backup and restore functionality for our own
virtual equipment that is operated by our volunteer staff.

By making use of any service(s) or account(s) provided to you by Marbled Fennec
Networks, you understand that the project is not a professional company or organized
operational group in any way. You agree that you are making use of provided service(s)
and account(s) at your own risk and without any form of warranty or expression of fit
for any purpose. You understand and agree that all service(s) and account(s) provided
by Marbled Fennec Networks are purely experimental in nature and should not be used in
any situation that could be considered critical to your mission, work or project.

The volunteer staff that maintain the network and equipment in operation for Marbled
Fennec Networks are doing so on an amateur basis with a personal aim to either have
the enjoyment of tinkering with our gear or to expand their knowledge and understanding
of computer networking. As such, project members and end users are to understand that
the project does not provide a time frame for responding to support tickets nor a time
frame for returning the network to operational state in the event of down time. By making
use of any service(s) or account(s) provided by the project, project members and end
users understand the project itself is provided through the efforts of a group of
computer hobbyist who are doing this for the enjoyment of it and to learn from it.

By agreeing to the terms of service, you are also making a statement that you
have read both our network management policy and privacy policy as well and
that you agree to both additional policies as well.

In addition to the above terms of service, by using any service(s) or account(s)
provided by Marbled Fennec Networks you are making a statement of agreement with
the fact that failure to read or understand the terms of conditions, network management
policy and privacy policy does not excuse any project member or end user from the
terms set by each policy. All project members and end users are required to read and
understand the project’s policies before making use of any service(s) or account(s)
provided by Marbled Fennec Networks.

If you do not agree to any of policies set forth by Marbled Fennec Networks,
you are required to stop your use of our website and/or virtual routing equipment
and any provided service(s) and to notify us via the support desk at
https://support.marbledfennec.net:3500/ that you are requesting termination of any
provided service(s) and account(s) at once.