| As a provider of Internet access,
web site hosting, and other Internet-related
services, OMEGABYTE NETWORKS offers its customers
(also known as subscribers), and their customers
and users, the means to acquire and disseminate
a wealth of public, private, commercial, and
non-commercial information. OMEGABYTE NETWORKS
respects that the Internet provides a forum
for free and open discussion and dissemination
of information, however, when there are competing
interests at issue, OMEGABYTE NETWORKS reserves
the right to take certain preventative or corrective
actions. In order to protect these competing
interests, OMEGABYTE NETWORKS has developed
an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms
of each customer's respective service agreement
and is intended as a guide to the customer's
rights and obligations when utilizing OMEGABYTE
NETWORKS’ services. This AUP will be revised
from time to time. A customer's use of OMEGABYTE
NETWORKS’ services after changes to the
AUP are posted on OMEGABYTE NETWORKS’
web site, www.omegabyte.net, will constitute
the customer's acceptance of any new or additional
terms of the AUP that result from those changes.
One important aspect of the Internet is that
no one party owns or controls it. This fact
accounts for much of the Internet's openness
and value, but it also places a high premium
on the judgment and responsibility of those
who use the Internet, both in the information
they acquire and in the information they disseminate
to others. When subscribers obtain information
through the Internet, they must keep in mind
that OMEGABYTE NETWORKS cannot monitor, verify,
warrant, or vouch for the accuracy and quality
of the information that subscribers may acquire.
For this reason, the subscriber must exercise
his or her best judgment in relying on information
obtained from the Internet, and also should
be aware that some material posted to the
Internet is sexually explicit or otherwise
offensive. Because OMEGABYTE NETWORKS cannot
monitor or censor the Internet, and will not
attempt to do so, OMEGABYTE NETWORKS cannot
accept any responsibility for injury to its
subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet
communications.
When subscribers disseminate information
through the Internet, they also must keep
in mind that OMEGABYTE NETWORKS does not review,
edit, censor, or take responsibility for any
information its subscribers may create. When
users place information on the Internet, they
have the same liability as other authors for
copyright infringement, defamation, and other
harmful speech. Also, because the information
they create is carried over OMEGABYTE NETWORKS’
network and may reach a large number of people,
including both subscribers and nonsubscribers
of OMEGABYTE NETWORKS, subscribers' postings
to the Internet may affect other subscribers
and may harm OMEGABYTE NETWORKS’ goodwill,
business reputation, and operations.
For these reasons, subscribers violate OMEGABYTE
NETWORKS policy and the service agreement
when they, their customers, affiliates, or
subsidiaries engage in the following prohibited
activities:
Spamming -- Sending unsolicited
bulk and/or commercial messages over
the Internet (known as "spamming").
It is not only harmful because of
its negative impact on consumer attitudes
toward OMEGABYTE NETWORKS, but also
because it can overload OMEGABYTE
NETWORKS’ network and disrupt
service to OMEGABYTE NETWORKS subscribers.
Also, maintaining an open SMTP relay
is prohibited. When a complaint is
received, OMEGABYTE NETWORKS has the
discretion to determine from all of
the evidence whether the email recipients
were from an "opt-in" email
list.
Intellectual Property Violations
-- Engaging in any activity that infringes
or misappropriates the intellectual
property rights of others, including
copyrights, trademarks, service marks,
trade secrets, software piracy, and
patents held by individuals, corporations,
or other entities. Also, engaging
in activity that violates privacy,
publicity, or other personal rights
of others. OMEGABYTE NETWORKS is required
by law to remove or block access to
customer content upon receipt of a
proper notice of copyright infringement.
It is also OMEGABYTE NETWORKS’
policy to terminate the privileges
of customers who commit repeat violations
of copyright laws. See Also DMCA
Policy
Obscene Speech or Materials
-- Using OMEGABYTE NETWORKS’
network to advertise, transmit, store,
post, display, or otherwise make available
child pornography or obscene speech
or material. OMEGABYTE NETWORKS is
required by law to notify law enforcement
agencies when it becomes aware of
the presence of child pornography
on or being transmitted through OMEGABYTE
NETWORKS’ network.
Defamatory or Abusive Language
-- Using OMEGABYTE NETWORKS’
network as a means to transmit or
post defamatory, harassing, abusive,
or threatening language.
Forging of Headers -- Forging
or misrepresenting message headers,
whether in whole or in part, to mask
the originator of the message.
Illegal or Unauthorized Access
to Other Computers or Networks
-- Accessing illegally or without
authorization computers, accounts,
or networks belonging to another party,
or attempting to penetrate security
measures of another individual's system
(often known as "hacking").
Also, any activity that might be used
as a precursor to an attempted system
penetration (i.e. port scan, stealth
scan, or other information gathering
activity).
Distribution of Internet Viruses,
Worms, Trojan Horses, or Other Destructive
Activities -- Distributing information
regarding the creation of and sending
Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or
denial of service attacks. Also, activities
that disrupt the use of or interfere
with the ability of others to effectively
use the network or any connected network,
system, service, or equipment.
Facilitating a Violation of this
AUP -- Advertising, transmitting,
or otherwise making available any
software, program, product, or service
that is designed to violate this AUP,
which includes the facilitation of
the means to spam, initiation of pinging,
flooding, mailbombing, denial of service
attacks, and piracy of software.
Export Control Violations --
Exporting encryption software over
the Internet or otherwise, to points
outside the United States.
Usenet Groups -- OMEGABYTE NETWORKS
reserves the right not to accept postings
from newsgroups where we have actual
knowledge that the content of the
newsgroup violates the AUP.
Other Illegal Activities --
Engaging in activities that are determined
to be illegal, including advertising,
transmitting, or otherwise making
available ponzi schemes, pyramid schemes,
fraudulently charging credit cards,
and pirating software.
Other Activities -- Engaging
in activities, whether lawful or unlawful,
that OMEGABYTE NETWORKS determines
to be harmful to its subscribers,
operations, reputation, goodwill,
or customer relations.
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As we have pointed out, the responsibility
for avoiding the harmful activities just described
rests primarily with the subscriber. OMEGABYTE
NETWORKS will not, as an ordinary practice,
monitor the communications of its subscribers
to ensure that they comply with OMEGABYTE
NETWORKS policy or applicable law. When OMEGABYTE
NETWORKS becomes aware of harmful activities,
however, it may take any action to stop the
harmful activity, including but not limited
to, removing information, shutting down a
web site, implementing screening software
designed to block offending transmissions,
denying access to the Internet, or take any
other action it deems appropriate.
OMEGABYTE NETWORKS also is aware that many
of its subscribers are, themselves, providers
of Internet services, and that information
reaching OMEGABYTE NETWORKS’ facilities
from those subscribers may have originated
from a customer of the subscriber or from
another third-party. OMEGABYTE NETWORKS does
not require its subscribers who offer Internet
services to monitor or censor transmissions
or web sites created by customers of its subscribers.
OMEGABYTE NETWORKS has the right to directly
take action against a customer of a subscriber.
Also, OMEGABYTE NETWORKS may take action against
the OMEGABYTE NETWORKS subscriber because
of activities of a customer of the subscriber,
even though the action may effect other customers
of the subscriber. Similarly, OMEGABYTE NETWORKS
anticipates that subscribers who offer Internet
services will cooperate with OMEGABYTE NETWORKS
in any corrective or preventive action that
OMEGABYTE NETWORKS deems necessary. Failure
to cooperate with such corrective or preventive
measures is a violation of OMEGABYTE NETWORKS
policy.
OMEGABYTE NETWORKS also is concerned with
the privacy of on-line communications and
web sites. In general, the Internet is neither
more nor less secure than other means of communication,
including mail, facsimile, and voice telephone
service, all of which can be intercepted and
otherwise compromised. As a matter of prudence,
however, OMEGABYTE NETWORKS urges its subscribers
to assume that all of their on-line communications
are insecure. OMEGABYTE NETWORKS cannot take
any responsibility for the security of information
transmitted over OMEGABYTE NETWORKS’
facilities.
OMEGABYTE NETWORKS will not intentionally
monitor private electronic mail messages sent
or received by its subscribers unless required
to do so by law, governmental authority, or
when public safety is at stake. OMEGABYTE
NETWORKS may, however, monitor its service
electronically to determine that its facilities
are operating satisfactorily. Also, OMEGABYTE
NETWORKS may disclose information, including
but not limited to, information concerning
a subscriber, a transmission made using our
network, or a web site, in order to comply
with a court order, subpoena, summons, discovery
request, warrant, statute, regulation, or
governmental request. OMEGABYTE NETWORKS assumes
no obligation to inform the subscriber that
subscriber information has been provided and
in some cases may be prohibited by law from
giving such notice. Finally, OMEGABYTE NETWORKS
may disclose subscriber information or information
transmitted over its network where necessary
to protect OMEGABYTE NETWORKS and others from
harm, or where such disclosure is necessary
to the proper operation of the system.
OMEGABYTE NETWORKS expects that its subscribers
who provide Internet services to others will
comply fully with all applicable laws concerning
the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate
OMEGABYTE NETWORKS policy. Finally, OMEGABYTE
NETWORKS wishes to emphasize that in signing
the service agreement, subscribers indemnify
OMEGABYTE NETWORKS for any violation of the
service agreement, law, or OMEGABYTE NETWORKS
policy, that results in loss to OMEGABYTE
NETWORKS or the bringing of any claim against
OMEGABYTE NETWORKS by any third-party. This
means that if OMEGABYTE NETWORKS is sued because
of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages
awarded against OMEGABYTE NETWORKS, plus costs
and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including
OMEGABYTE NETWORKS and its subscribers, as
responsible members of the Internet. Any complaints
about a subscriber's violation of this AUP
should be sent to
abuse@omegabyte.com.
Last Modified: 01 November 2002
For More Information, you can Contact
us via the Web or Call us at 1(888)OMEGABYTE.
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