I don't see how that is the same thing here. I have an agreement with cust X to provide services in accordance with my AUP. cust X resells that service to cust Y, etc. cust Y is bound to the terms and conditions of my agreement with cust X, despite that I do not have a direct agreement with cust Y. Oh christ...network engineers trying to be lawyers.
I don't know much, but I do know that legal agreements in the US are NOT transitive in this way, unless each agreement is included by reference in the other. They aren't legally, but they are effectively. If X must abide by your AUP, then any traffic they forward for Y must also abide by your AUP (or whatever penalties are in your contract with X will kick in) - it doesn't matter what X's contract with Y says, as your contract is with X and any penalties are to be applied to X; It is
daryl@introspect.net wrote: therefore in X's best interest to insist Y abides by the AUP or indemnifies X for any penalties, and/or negotiates with you to make sure only Y's traffic is cut off on breach of the AUP by Y, rather than all traffic from X.