Acceptable Use Policy ("AUP")Policy Introduction Unlike in the area of regulated common carrier services, certain activities of Customers and Users of Internet services including hosting (collectively referred to herein as "IP related Services") may expose providers of those services, such as ACN, to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade ACN's IP related Services. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair ACN's ability to interconnect with other IP related Service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves, such as sending large numbers of unsolicited messages (Spam). While ACN does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. ACN has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from its Customers' use of ACN's IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only. AUP Coverage The AUP applies to all Customers and Users of ACN's IP related Services. If a Customer violates the AUP, ACN may, depending on the nature and severity of the violation, suspend or terminate service, as provided below. If a User (other than a Customer) violates the AUP, ACN may suspend service for so long as necessary for steps to be taken which, in ACN's reasonable judgment, will prevent the violation from continuing or reoccurring. Notice When feasible, ACN shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. ACN reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when ACN reasonably determines: (1) that it may be exposed to sanctions or prosecution; (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of ACN's network or networks with which ACN is interconnected or interfere with another Customer's use of ACN Services or the Internet; or (3) that such violation otherwise presents imminent risk of harm to ACN or ACN's Customers or their respective employees. In other situations, ACN will use reasonable efforts to provide at least 5 business days notice before suspending or terminating service. Prohibited Actions ACN is committed to remaining in compliance with laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Customers the ability to use ACN's network and the Internet without interference or harassment from other users. ACN prohibits use of its IP related Services in any ways that are unlawful, interfere with use of ACN's network or the Internet, infringe intellectual property rights, result in the publication using ACN Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks. Unlawful Activities and Inappropriate Use ACN IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Fraudulent behavior is strictly prohibited, will result in deactivation, and may also be referred to the appropriate criminal authorities for prosecution. ACN may determine, in our sole discretion, inappropriate usage of accounts provided under this Acceptable Use Policy and the privilege may be revoked at our sole discretion. Should this occur, you will be informed in writing, via email or otherwise, of this action. In emergencies and as otherwise stated herein, revocation of privileges may be implemented prior to notification of the user. ACN reserves the right to block the receipt or transmission of any email that ACN reasonably believe is or will be sent in violation of law or this Acceptable Use Policy. Interference ACN IP related Services shall not be used in a manner that interferes with any communications network or the usage or enjoyment of services received by others. Intellectual Property ACN IP related Service shall not be used to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of ACN or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. While ACN reserves the right to restrict any actions alleged to violate the intellectual property rights of another party, it is not ACN's policy to decide whether claimed infringements are valid or not. Thus, while Customer consents to ACN's right to suspend Service if Customer is alleged to be violating another's rights, ACN may also permit the continuing activity of its Customer despite allegations of an infringement where Customer in writing: (1) fully assumes responsibility for its activity; and (2) agrees to fully indemnify ACN for all damages, claims, expenses and attorneys fees as a result of the alleged infringement. Should ACN choose to permit the continued activity of its Customer at Customer's request, ACN may require a bond securing it for the full amount of potential indemnification, which amount shall be determined in ACN's reasonable judgment. Offensive or Threatening Material or Content ACN IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to ACN's network or to the network of any other IP related Service provider. Spam/E-mail/Usenet Abuse Spam/E-mail/Usenet Abuse is prohibited on ACN IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
Security Violations ACN IP related Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of ACN's or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of security violations include but are not limited to:
Monitoring Individuals using the Services are subject to having all activities on any ACN Website monitored by system or security personnel. Use of the Services constitutes consent to system and security monitoring. Information derived from system and security monitoring may be used as a basis for administrative, disciplinary, or criminal proceedings. If you do not consent to monitoring, exit this system now. The terms and conditions of this Acceptable Use Policy apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you are no longer entitled to or access the or your ACN Website, or any ACN Website, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter. Disclaimer of Warranties ACN make no representation or warranty relating to the functionality or condition of the ACN Websites, the suitability for use or that use of the Services will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE WEBSITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. ACN AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING OUT OF A COURSE OF DEALING OR USAGE IN THE TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. Limitation of Liability ACN’s aggregate liability, if any, for loss or damages relating to or arising out of this Acceptable Use Policy or the Services, whether in contract, tort or otherwise, will not exceed the lesser of actual damages or the charges paid by you for this Service for a period of two months. In NO event will ACN be liable for special, punitive, incidental, indirect, or consequential damages, including without limitation any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with this Acceptable Use Policy, any ACN Website, the Services, or any materials protected by trade secrets or other intellectual property laws. Privacy Policy Your privacy is important to us. To protect your privacy, ACN provides this notice explaining our online information practices and the choices you can make about the way your information is collected and used. The following statement details our policy on the collection, use and disclosure of personal information gathered from you through your use of the Services. ACN reserves the right to change this policy regularly so you should check it regularly for updates. If you have any comments or questions, wish to receive further information about this privacy policy or wish to make a complaint concerning our adherence to this policy, please contact us. Unless otherwise authorized by you, ACN will use information you provide about yourself only as required for us to provide a particular Service and for us to communicate with you regarding your ACN business. Your voluntary provision of requested Information constitutes consent to use of the Information for the purposes identified in this Acceptable Use Policy. By using the Services, you agree and consent to personal information being collected, used or disclosed for the purposes herein identified. ACN may use your information to better design services for you. If you do not consent to the use of the Information or if you wish to opt out of future usage, send an email to privacyofficer@acninc.com. Information collected by us is stored for archival purposes only and will not be released to a third party except as noted elsewhere in this Acceptable Use Policy or in your IR Agreement or IR Terms and Conditions. In addition, ACN may share our data, including personally identifiable information about you, with our subsidiaries and affiliates serving your online needs and related services. ACN’s parent, subsidiaries and affiliates follow privacy practices no less protective than the practices described in this policy, as allowed by applicable law. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. If ACN merges with or are acquired by another business entity, you should expect us to share some or all of your information in order to continue to provide you with service. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, ACN have put in place appropriate physical and electronic, procedures to safeguard and secure the information ACN collects online. Customer Responsibilities Customers remain solely and fully responsible for their Content. Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse. Incident Reporting Any complaints regarding the violation of this AUP by an ACN Customer or user should be directed to the designated agent listed below. Where possible, include details that would assist ACN in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission). Designated Agent: Revisions to this AUP ACN may modify this AUP at any time, effective when posted to ACN's AUP web site http://www.acn.net/. |