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This
Acceptable Use Policy specifies certain actions prohibited by NetLiance Corporation
(NetLiance) for users of its Internet Services. NetLiance reserves the right to
modify this Policy at any time to stay in compliance with any laws, regulations
and security requirements. By using NetLiance services, any customer, employee
or third party unconditionally accepts the terms of this policy. If you do not
accept the terms of this policy, do not subscribe to our services.
Important
Note: This document is updated often. Please review it from time to time to stay
abreast of acceptable, as well as inappropriate, uses of your NetLiance Internet
Services account. Reports of activity in violation of this policy may be sent
via e-mail to abuse@netliancecorp.com.
This
document is divided into the following sections:
INTRODUCTION
When you open your NetLiance account, you join two communities. First
is the community formed by our network and our customers; the second community
is the one made up of all networks and users connected to each other to form the
Internet. Becoming a member of these communities gives you certain rights and
privileges, but also imposes certain duties and responsibilities. NetLiance has
established an Acceptable Use Policy in order to make these duties and responsibilities
more clear. This document is intended to provide a general understanding of NetLiance's
Acceptable Use Policy. The following factors guide the establishment and enforcement
of NetLiance's usage policies:
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Ensure
reliable service to our customers |
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Ensure
security and privacy of our systems and network, as well as the networks and systems
of others |
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Comply
with existing laws |
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Maintain
our reputation as a responsible service provider |
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Encourage
responsible use of the Internet and discourage activities which reduce the usability
and value of Internet services |
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Preserve
the value of Internet resources as a conduit for free expression and exchange
of information |
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Preserve
the privacy and security of individual users |
NetLiance
intends to provide its customers access to everything the Internet has to offer.
While NetLiance is firmly committed to the principles of free speech, certain
activities are damaging to the resources of both NetLiance and the Internet and
cannot be permitted under the guise of free speech. The resources of NetLiance
and the Internet are limited, and abuse of these resources by one user has a negative
impact on the entire community.
We
do not routinely monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in our efforts to
promote good citizenship within the Internet community, we will respond appropriately
if we become aware of inappropriate use of our service.
If
a NetLiance account is used to violate the Acceptable Use Policy, we reserve the
right to terminate your service without notice and you agree to indemnify NetLiance
and its affiliates against any claims threatened or brought by third parties as
a result of your violation of this Acceptable Use Policy and/or the content of
your web site We prefer to advise customers of inappropriate behavior and any
necessary corrective action. However, flagrant violations of the Acceptable Use
Policy will result in immediate termination of service. Our failure to enforce
this policy, for whatever reason, shall not be construed as a waiver of our right
to do so at any time.
If
you have any questions regarding this policy, please contact us at abuse@netliancecorp.com
GENERAL
INFORMATION
NetLiance customers are prohibited from transmitting on or through
any of NetLiance's services, any material that is, in NetLiance's sole discretion,
unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, federal or international law.
In
general, you may NOT use your NetLiance account:
In
a manner which violates any law, regulation, treaty or tariff;
In
a manner which violates the rules, regulations and policies of any network, server,
web site, database or service provider that you access through your NetLiance
account;
In
a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
To
threaten, harass, abuse or intimidate others;
To
damage the name or reputation of NetLiance, its parent, affiliates and subsidiaries;
To
break security on any computer network, or to access an account which does not
belong to you; or
In
a manner which interferes with other customers' use and enjoyment of the services
provided by NetLiance.
NetLiance's
services may only be used for lawful purposes. Transmission, distribution, or
storage of any information, data or material in violation of United States or
state regulation or law, or by the common law, is prohibited. This includes, but
is not limited to, material protected by copyright, trademark, trade secret, or
any other statute. NetLiance's reserves the right to remove such illegal material
from its servers or to immediately terminate your services.
The
customer is responsible for keeping his billing data with NetLiance up-to-date
and accurate. Furnishing false data on any contract or application, including
fraudulent use of credit card numbers, is grounds for immediate termination, and
may subject the offender to civil or criminal liability.
NetLiance
reserves sole discretion to determine whether any use of the service is a violation
of this policy. Guidelines for using your account follows. This information is
only a guideline, and is not intended to be all-inclusive.
ELECTRONIC
MAIL
Certain NetLiance accounts give you the ability to send and receive
electronic mail. Misuse of electronic mail may result in termination of service.
The following examples are non-exclusive and are provided for your guidance.
You
may not use your account to send unsolicited bulk or commercial messages ("spam").
This includes, but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for signatures, and political
or religious tracts. Such messages may only be sent to those who have explicitly
requested it.
You
may not use your account to collect responses from unsolicited bulk or commercial
e-mail sent from accounts with other providers.
Forging,
altering or removing electronic mail headers is prohibited.
You
may not send numerous copies of the same or substantially similar message, nor
may you send very large messages or files to a recipient, with the intent to disrupt
a server or account ("mail bombing").
You
may not use electronic mail to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited. Sending
a single unwelcome message may be considered harassment. If a recipient asks to
stop receiving e-mail, you must not send that person any further messages.
You
may not forward or otherwise propagate chain letters, whether or not such messages
solicit money or other items of value, and whether or not the recipient wishes
to receive such mailings.
NetLiance
accounts may not be used to collect replies to messages sent from another Internet
service provider if those messages violate this Acceptable Use Policy or the acceptable
use policy of the other service provider.
If
you use the services of another provider to promote a web site hosted by or through
NetLiance, then the provisions of this Acceptable Use Policy shall apply to the
methods used to promote such site.
WEB
SITES
NetLiance provides storage space and access for web sites through its
Web Hosting services. In addition, dedicated accounts may provide for the hosting
of web sites. NetLiance will not routinely monitor the contents of your web sites.
You
are solely responsible for any information contained on your web site. However,
if complaints are received regarding language, content or graphics contained on
your web site, NetLiance may, at its sole discretion, remove the web site hosted
on NetLiance servers and terminate your Web Hosting service. You agree to promptly
reimburse NetLiance for any reasonable expenses it incurs (including attorney's
fees) in defending itself form third party claims relating to any of the content
(whether created by you, your customers or your users) contained on your web site
You
may not use your web site to publish material which NetLiance determines, at its
sole discretion, to be unlawful, indecent or objectionable. For purposes of this
policy, "material" refers to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
Unlawful
content is that which violates any law, statute, treaty, regulation, or lawful
order. This includes, but is not limited to: obscene material; defamatory, fraudulent
or deceptive statements; threatening, intimidating or harassing statements, or
material which violates the privacy rights or property rights of others (copyrights
or trademarks, for example).
Indecent
content is that which depicts sexual or excretory activities in a patently
offensive matter as measured by contemporary community standards.
Objectionable
content is otherwise legal content with which NetLiance concludes, in its
sole discretion, it does not want to be associated in order to protect its reputation
and brand image, or to protect its employees, shareholders and affiliates.
Examples
of prohibited web site content:
Materials
which hold NetLiance including its affiliates, employees or shareholders up to
public scorn or ridicule.
Materials
which encourage the commission of a crime; or which tends to incite violence;
or which tends to degrade any person or group based on sex, nationality, religion,
color, age, marital status, sexual orientation, disability or political affiliation.
SECURITY
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain access to your account.
In addition, you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server.
You
must adopt adequate security measures to prevent or minimize unauthorized use
of your account.
You
may not attempt to circumvent user authentication or security of any host, network
or account ("cracking"). This includes, but is not limited to, accessing data
not intended for you, logging into or making use of a server or account you are
not expressly authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You
may not attempt to interfere with service to any user, host, or network ("denial
of service attacks"). This includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash" a host.
Users
who violate systems or network security may incur criminal or civil liability.
NetLiance will cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations.
NETWORK
MANAGEMENT
You are responsible for ensuring that the services obtained from NetLiance
are used in an appropriate manner by your customers and users. Therefore, you
must take steps to manage the use of the services obtained from NetLiance in such
a way that network abuse is minimized. You must also make information publicly
available about how to contact you, and you must respond in a timely manner to
complaints concerning misuse of the services obtained from NetLiance. Failure
to responsibly manage the use of the services obtained from NetLiance may be cause
for termination of services to you.
You
must designate one or more individuals ("Contacts") to be responsible for every
host, IP network or subnet connected to the Internet through the use of the services.
You must provide Contact names, phone numbers, and postal and e-mail addresses
("Contact Information") to any and all appropriate Domain Name Registrars prior
to the initial network connection of your service. You must keep Contact Information
updated and accurate at all times. Changes in the Contact Information must be
sent to the appropriate Domain Name Registrars in a timely manner.
Contacts
must have the authority, access and tools necessary to configure, operate and
control access to your systems. For important timesharing hosts, primary domain
name servers and mail relays or gateways, Contacts must be accessible to NetLiance
via telephone 24 hours a day, 7 days a week.
Every
customer who allows third party access to the services provided by NetLiance,
whether such third parties are employees, users or customers, must maintain a
postmaster address for the receipt of complaints by e-mail. Messages delivered
to the postmaster address must be reviewed and handled in a timely manner.
NETWORK
PERFORMANCE
NetLiance accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in termination of your
account.
You
are prohibited from excessive consumption of resources, including CPU time, memory,
disk space and session time. You may not use resource-intensive programs which
negatively impact other customers or the performance of NetLiance systems or networks.
NetLiance reserves the right to terminate or limit such activities.
ILLEGAL
ACTIVITY
Any activity on our network that is a violation of any state or federal
law is a violation of this policy and will result in immediate termination of
service. Prohibited activities include, but are not limited to:
Transmitting
obscene materials or child pornography
Intentionally
spreading or threatening to spread computer viruses
Gaining
or attempting to gain unauthorized access to any network, including NetLiance's
private network infrastructure
Accessing
or attempting to access information not intended for you
Transmitting
pirated software
Conducting
or participating in illegal gambling
Soliciting
for pyramid and other illegal schemes.
NetLiance
does not permit any site that contains: (i) images (including on banner ads) of
nude models that appear to be under the age of 18 (in NetLiance's sole judgment),
(ii) sexually explicit images (including on banner ads) of models that appear
to be under the age of 18 (in NetLiance's sole judgment); or (iii) sites containing
language promoting child pornography together with any sexually explicit or nude
images. As required by federal law in the United States, NetLiance will forward
all offenders of this policy to the appropriate federal agency.
PRIVACY POLICY
NetLiance is concerned about your privacy and has developed a policy to address
those concerns. You can find the current privacy policy by clicking on 'Privacy
Statement' at the bottom of each page of the Web site or by visiting http://www.netliancecorp.com/nlc_privacy_policy.html.
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