ACCEPTABLE USE POLICY (“AUP”)
This Acceptable Use Policy is between SERVICE PROVIDER and COMPANY, and is made effective as of the date of acceptance and/or service activation. This Policy sets forth the policies of your use of Services.
Your activation of service or signature of this Policy signifies that you have read, understand, acknowledge and agree to be bound by this Policy, along with our Agreement and General Terms and Conditions Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “service provider”, “we”, “us” or “our” shall refer to SERVICE PROVIDER. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement (CUSTOMER). Nothing in this Policy shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Policy, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Policy and any limitations to the Services as last revised. If you do not agree to be bound by this Policy and any Service limitations as last revised, you may have up to 30 days to terminate service but will be bound by the termination fees as referenced in any agreements which are incorporated herein. We may occasionally notify you of changes or modifications to this Agreement by email at our sole discretion. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
The following are examples of uses of the SERVICE PROVIDER Consumer Services that constitute violations of this AUP:
Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting material or data that, intentionally or unintentionally, violates any local, state, national or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.
Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as “pyramid schemes,” “Ponzi schemes,” or fraudulently charging credit cards.
Gambling. Engaging or promoting gambling in violation of any laws.
Harm to Minors. Harming, attempting to harm or exploiting minors in any way, including, but not limited to, the use of the SERVICE PROVIDER Consumer Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.
Threats and Harassment. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.
Spamming. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam to divert users to CUSTOMER site hosted on or through SERVICE PROVIDER’s network, whether or not the messages were originated by CUSTOMER, under CUSTOMER direction, or by or under the direction of a third party.
Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.
Copyright or trademark infringement. Transmitting, uploading or posting any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, incorporating a third party’s trademark within an email address without the prior permission of the trademark owner, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data without consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.
Canceling Other’s Email Messages. Canceling email messages other than CUSTOMER own email messages.
Unauthorized Access. Accessing, or to attempting to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of SERVICE PROVIDER’s or another entity’s or person’s computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise security of computer systems or networks; or compromising the security of any Internet account or website.
Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.
Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.
Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties. CUSTOMER may not permit CUSTOMER network, through action or inaction, to be configured in such a way that gives a third party the capability to use CUSTOMER network in an illegal or inappropriate manner.
Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The SERVICE PROVIDER Consumer Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. CUSTOMER may stay connected so long as CUSTOMER are actively using that connection for the above purposes. CUSTOMER may not use the SERVICE PROVIDER Consumer Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.
Network Probing. Any type of detective network activity, including, but not limited to, port scanning and pinging.
In addition, any material or conduct in connection with the use of the SERVICE PROVIDER Consumer Services that SERVICE PROVIDER believes to be unlawful, offensive or harmful will be considered a violation of this AUP.