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Acceptable Use Policy
(Version 1.0 - Last updated August 1, 2003)
- Scope. This Acceptable Use Policy (this "Policy")
governs the usage of IT Technovations’s products and services (the "Services").
This Policy is incorporated by reference into each contract IT Technovations
enters into with a customer (each, a "Customer") for the use of
such Services. IT Technovations may modify this Policy at any time without
notice. In addition, this Policy is incorporated by reference into the Terms
and Conditions applicable to IT Technovations’s Web site so that
no person who utilizes IT Technovations’s Web site (regardless of whether
that person is a Customer) may take any action utilizing IT Technovations’s
Web site that a Customer would be prohibited to take utilizing the Services.
- Purpose. The purpose of this Policy is to enhance the quality
of the Services and to protect IT Technovations’s customers, and the Internet
community as a whole, from illegal, irresponsible, or disruptive Internet
activities. This Policy applies to each Customer and its employees, agents,
contractors or other users of such Customer who obtain Services from IT Technovations
(each such person being a "User"). Each User should use common sense
and good judgment in connection with the Services. Parents or guardians should
always supervise minors in using the Internet. Parents and guardians should
remain aware at all times of what is on the Internet and how the minors under
their care are using the Services and the Internet.
- Prohibited Uses. Users may not:
- Utilize the Services
to send mass unsolicited e-mail to third parties.
- Utilize the Services
in connection with any illegal activity. Without limiting the general application
of this rule, Users may not:
- Utilize the Services
to copy material from third parties (including text, graphics, music,
videos or other copyrightable material) without proper authorization;
- Utilize the Services
to misappropriate or infringe the patents, copyrights, trademarks or other
intellectual property rights of any third party;
- Utilize the Services
to traffic in illegal drugs, illegal gambling, obscene materials or other
any products or services that are prohibited under applicable law; or
- Utilize the Services
in any manner that violates applicable law.
- Utilize the Services
in connection with any tortuous or actionable activity. Without limiting
the general application of this rule, Users may not:
- Utilize the Services
to publish or disseminate information that (A) constitutes slander, libel
or defamation, (B) publicizes the personal information or likeness of
a person without that person's consent or (C) otherwise violates the privacy
rights of any person.
- Utilize the Services
to threaten persons with bodily harm, to make harassing or abusive statements
or messages, or to solicit the performance of acts or services that are
illegal under applicable law.
- Utilize the Services
in connection with any other disruptive or abusive activity. Without limiting
the general application of this rule, Users may not:
- Utilize the Services
to cause denial of service attacks against IT Technovations or other network
hosts or Internet users or to otherwise degrade or impair the operation
of IT Technovations’s servers and facilities or the servers and facilities
of other network hosts or Internet users;
- Post messages or software
programs that consume excessive CPU time or storage space;
- Utilize the Services
to offer mail services, mail forwarding capabilities, POP accounts or
auto-responders other than for the User's own account;
- Utilize the Services
to resell access to CGI script installed on IT Technovations’s servers;
- Utilize the Services
to subvert, or assist others in subverting, the security or integrity
of any IT Technovations systems, facilities or equipment;
- Utilize the Services
to gain unauthorized access to the computer networks of IT Technovations
or any other person;
- Utilize the Services
to provide passwords or access codes to persons not authorized to receive
such materials by the operator of the system requiring the password or
access code;
- Utilize the Services
to (A) forge the signature or other identifying mark or code of any other
person, (B) impersonate or assume the identity or any other person, or
(C) engage in any other activity (including "spoofing") to attempt
to deceive or mislead other persons regarding the true identity of the
User (excluding the use of anonymous remailers or Internet nicknames);
- Utilize the Services
to distribute or post any virus, worm, Trojan horse, or computer code
intended to disrupt services, destroy data, destroy or damage equipment
or disrupt the operation of the Services;
- Utilize the Services
to conduct port scans or other invasive procedures against any server
(except any server for which the User is an authorized system administrator);
- Utilize the Services
to distribute, advertise or promote software or services that have the
primary purpose of encouraging or facilitating unsolicited commercial
e-mail or spam;
- Utilize the Services
to solicit or collect, or distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating unsolicited commercial
e-mail or spam;
- Utilize the Services
in any manner that might subject IT Technovations to unfavorable regulatory
action, subject IT Technovations to any liability for any reason, or adversely
affect IT Technovations’s public image, reputation or goodwill, including,
without limitation, sending or distributing sexually explicit, hateful,
vulgar, racially, ethnically or otherwise objectionable materials as determined
by IT Technovations in its sole discretion; or
- Utilize the Services
in any other manner to interrupt or interfere with the Internet usage
of other persons.
- Violations.
- Disclaimer. IT Technovations expressly disclaims any obligation
to monitor its Customers and other Users with respect to violations of this
Policy. IT Technovations has no liability or responsibility for the actions
of any of its Customers or other Users or any content any User may post
on any website.
- Remedies. If IT Technovations learns of a violation of
this Policy, IT Technovations will respond to the applicable Customer and
may, in IT Technovations’s sole discretion, take any of the following actions,
in accordance with the severity and duration of the violation:
- Warning the Customer;
- Suspending the offending
Customer from the Services;
- Terminating the offending
Customer from the Services;
- Imposing fees or charges
on the offending Customer account in accordance with the applicable service
contract;
- Removing the offending
content; and
- Taking other action
in accordance with this Policy, the applicable service contract or applicable
law.
Reservation of Rights. IT Technovations reserves
the right to cooperate with appropriate legal authorities in investigations
of claims of illegal activity involving IT Technovations’s Services, Customers
and other Users. IT Technovations reserves all other rights to respond to violations
of this Policy to the extent of applicable law and in accordance with any applicable
contractual obligations.
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