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ACCEPTABLE USE POLICY
Online Corporation of America
I. Introduction
This Acceptable Use Policy ("AUP")
has been created by Online Corporation of America and
all of the entities controlling, controlled
by, or under common control with Online Corporation of America ("Online Corporation of America")
to promote the integrity, security, reliability
and protection of Online Corporation of America's
network, facilities, offerings, and customers.
Online Corporation of America may modify, without
prior notice, this AUP as Online Corporation of America deems appropriate and such modified
AUP will be effective upon posting on Online Corporation of America's website. Throughout the
term of its Agreement with Online Corporation of America, Customer must ensure that the use of
any service, product, or resource offered,
owned, or controlled by Online Corporation of America to Customer ("Service")
conforms to Online Corporation of America's
then-current AUP.
Customer will be held responsible for its
use, its systems, the users of its systems
and offerings, and, in the case of resellers,
any third-party use.
II. Prohibited Uses
The Internet is a global interconnection
of multiple networks that physically exist
in multiple counties with diverse laws, regulations,
and orders ("Laws"). For the purposes
of this AUP, terms like "unlawful" or "illegal" apply
to Laws globally and within the framework
of applicable governing bodies. It is Customer's
responsibility to be aware of the Laws that
apply to the use of the Service and to ensure
compliance with such Laws. Online Corporation
of America will cooperate with all court
orders, subpoenas, and other similar government
requests
ordering Online Corporation of America to
disclose information about use of the Service.
The Service shall not be used to post, transmit,
re-transmit or store material which, in the
judgment of Online Corporation of America:
Violates local, state, federal, foreign,
or international Law;
Could be considered threatening, obscene,
indecent, defamatory, threatening or that
otherwise could adversely affect any individual,
group or entity ("Person").
In addition to the other requirements of
this AUP, the Service may be used only in
a manner that in Online Corporation of America's
sole discretion is consistent the purposes
of such Service. Customer should contact
Online Corporation of America if it is unsure of
whether any contemplated use or action is
permitted.
By way of example, and not limitation, uses
described below are expressly prohibited:
General:
Deceptive or fraudulent practices.
Any activity infringing on the intellectual
property rights of others, including, but
not limited to, copyrights, trademarks, service
marks, trade secrets, patents. Actions that
restrict or inhibit any Person, whether a
customer, Online Corporation of America, or otherwise,
in its use or enjoyment of any Online Corporation of America Service.
System and Network:
The deliberate transmission of computer viruses
worms, trojan software, or other malicious
programs.
Interfering with, disrupting, or denying
service including, but is not limited to,
using any technique to intentionally degrade
or disable the delivery of any legitimate
data (e.g., denial of service attacks).
Attempting to gain unauthorized entry to
any site or network including but not limited
to executing any form of network probing,
monitoring or other information-gathering
on someone else's site or network.
Attempting to circumvent host or user authentication
or other security measures of any host, network
or account.
Maintaining an Open Email Relay/Open Data
Relay or allowing any data to be sent through
one's system by an unrelated third party,
including, but is not limited to, via open
email gateways and open proxy servers.
Mail:
Sending unsolicited mail messages, including
the sending of "junk mail" or
other advertising material to individuals
who did not specifically request such material,
who were not previous customers or with
whom the sender did not have an existing
business relationship ("E-mail spam").
Online Corporation of America reserves
the right to determine in its sole discretion
and
based on the information available (1)
what constitutes spam as well as (2) what
measures are necessary in response to spamming
complaints.
Harassment including, but not limited to,
through language, frequency or size of messages.
Unauthorized use, or forging, of mail header
information.
Solicitations of mail for any other E-mail
address other than of the poster's account
or service with the intent to harass or to
collect replies.
Creating or forwarding "chain letters" or
other "schemes" of any type.
Use of unsolicited E-mail originating from
within Online Corporation of America's network or
networks of other Internet Service Providers
on behalf of, or to advertise any service
hosted by Online Corporation of America, or connected
via Online Corporation of America's network.
Usenet Newsgroups:
Posting the same or similar messages to large
numbers of Usenet newsgroup ("Newsgroup
spam").
Posting excessive numbers of identical or
similar messages to any number of Usenet
newsgroups from Online Corporation of America's network
or networks of other Internet Service Providers
on behalf of, to advertise, any service hosted
by Online Corporation of America, or via Online Corporation of America's network.
Posting chain letters of any type.
Posting encoded binary files to newsgroups
not named for that purpose
Cancellation or superseding of posts other
than your own
Forging of header information of the poster's
account or service.
III. Additional Obligations
Bulk Email:
Bulk email must provide recipients with an
easy and effective mechanism for removal
from bulk email lists. The source of the
addressee's address must be included in each
bulk email message. Senders of bulk email
must take effective steps to confirm that
the actual owner of each email address on
a list has agreed to receive bulk mailings
from the sender before sending email to that
list.
Service Resale:
Service or any portion of Service will not
be resold unless authorized by Online Corporation of America in an executed wholesale contract.
Password Protection:
Customer is responsible for protecting passwords
and for any authorized or unauthorized use
of its systems and/or networks.
Content Protection:
Customer must provide appropriate protection
to prevent minors (persons under 21 years
of age) from accessing any unsuitable material
published via any Service.
Content Ownership:
Customer is responsible for all content or
information residing on, obtained or transmitted
via the Service.
Vulnerable Systems:
Online Corporation of America reserves the right,
without prior notice, to perform vulnerability
tests on systems residing on IP address space
belonging to Online Corporation of America which
may be allocated for Customer use. The purpose
of such testing includes, but is not limited
to, testing of mail servers or proxy servers
for unrestricted third party relaying. Online Corporation of America will use commercial reasonable
efforts to ensure that such testing (1) will
be non-intrusive in nature, and (2) will
not adversely affect Service provided to
Customer or compromise the security of Customer's
network.
Customer is responsible for correcting any
system vulnerability upon notification. Customer
must terminate operations of a known compromised
system.
Service Provided Equipment:
Customer is responsible for any modification
of, alteration to, or other tampering with
any hardware provided with the Service.
IV. AUP Enforcement
Violation of this AUP may subject Customer
to international, federal, and/or state civil
and/or criminal liability. Customer activity
that facilitates a violation of this AUP
by any party constitutes a violation of this
AUP by Customer. Online Corporation of America reserves
the right immediately and without prior notice
to filter, block, suspend, and /or terminate
access to the Service at any time for any
conduct that Online Corporation of America, in its
sole discretion, determines violates or which
may violate this AUP or is otherwise harmful
to Online Corporation of America's interests or the
interests of others. If access is terminated,
Online Corporation of America, in its sole discretion,
may refuse to accept all new e-mail sent
to the terminated e-mail address and delete
Customer's data stored on Service.
© Copyright
2002 On Line Corporation of America All
rights Reserved
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