EFXi Acceptable Use Policy
|
 |
|
- Scope. This Acceptable Use Policy (this "Policy")
governs the usage of EFXi's products and services (the "Services").
This Policy is incorporated by reference into each contract EFXi
enters into with a customer (each, a "Customer") for the
use of such Services. EFXi may modify this Policy at any time without
notice.
- Purpose. The purpose of this Policy is to enhance the
quality of the Services and to protect EFXi'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 EFXi (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 tortious
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 EFXi or other network hosts or Internet users or
to otherwise degrade or impair the operation of EFXi'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 autoresponders other than
for the User's own account;
- Utilize the Services to resell access to CGI script
installed on EFXi's servers;
- Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any EFXi systems,
facilities or equipment;
- Utilize the Services to gain unauthorized access to
the computer networks of EFXi 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 in any manner that might subject
EFXi to unfavorable regulatory action, subject EFXi to any
liability for any reason, or adversely affect EFXi'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 EFXi 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. EFXi expressly disclaims any obligation
to monitor its Customers and other Users with respect to violations
of this Policy. EFXi 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 web site.
- Reporting Non-Copyright Violations. EFXi encourages
Users to report violations of this policy by email to: abuse
(at) efxi.net, including in any such report the name of the
offending domain (for example, xyz.com) and the type of abuse
(for example, spam, illegal acts, harassment, etc.) in the "subject"
field of the email.
- Reporting Copyright Violations. EFXi complies with
the Digital Millennium Copyright Act ("DMCA"). EFXi encourages
Users to report an alleged copyright infringement involving
a user by sending a notice that complies with the DMCA to:
DMCA Notices
Attention: Michael
J. Duke
EFX internet
181 Albany Avenue
Johnson City,
NY 13790
-
Remedies. If EFXi learns of a violation of this Policy,
EFXi will respond to the applicable Customer and may, in EFXi'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. EFXi reserves the right to cooperate
with appropriate legal authorities in investigations of claims of
illegal activity involving EFXi's Services, its Customers and other
Users. EFXi 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.
Last Modified
July 19, 2006
|
|
|
|
