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| Acceptable Use Policy
Introduction
IndyWeb's Acceptable Use Policy ("AUP") for IndyWeb products and services is designed to help protect IndyWeb, IndyWeb's customers, and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities.
Subject to IndyWeb's Privacy Policy, IndyWeb makes no guarantee regarding, and assumes no liability for the security and integrity of, any data or information a User transmits via the Service or over the Internet, including any data information transmitted via any server designated as "secure."
As an Internet Service Provider, it is not practical for IndyWeb to monitor the content of information passing through its network. IndyWeb exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including IndyWeb customers, who publish material or information made accessible through IndyWeb networks are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. IndyWeb will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.
Customer Responsibilities
IndyWeb's services are intended solely for the use of the contract holder and its corporate affiliates and/or subsidiaries that are connected by LAN, WAN or remote access applications, and may not be re-sold to or used by any outside entity without prior written consent from IndyWeb. IndyWeb offers ISP/Resalable Services for customers who intend to resell products and services to third parties.
Prohibited Conduct
IndyWeb services are only to be used for lawful and appropriate purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. IndyWeb customers may not abuse or fraudulently use IndyWeb products and services, nor allow nor permit such use by others. The following activities illustrate some, but not all, prohibited uses under this AUP:
Child Pornography
It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.
Inappropriate Content
Using the services to transmit, distribute or store material that, as reasonably determined by IndyWeb, is inappropriate, obscene, defamatory, libelous, threatening, abusive, hateful or excessively violent.
Denial of Service
Engaging in any activity that will interfere or attempt to interfere with the service of any other user, host or network on the Internet. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express written consent from IP Security Manager.
Distribution of Viruses
Intentional distribution of software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
Forging Headers
Forging or misrepresenting any message header, in part or whole, of any electronic transmission, originating or passing through the IndyWeb network.
Email Spamming or Mailbombing
The transmitting of unsolicited Email to multiple recipients, sending large amounts of Email repeatedly to a person to harass or threaten, or any attempt to use IndyWeb servers as a mail drop or name server for SPAM. Sending unsolicited bulk Email from another Internet service provider's network advertising or implicating any service hosted or provided by IndyWeb, including without limitation Email, web, FTP and DNS services.
Fraudulent Activities
Fraud is an intentional misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it, or, obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized Access
Illegal or Unauthorized Access to Other Computers, Accounts, or Networks: Accessing, or attempting to access, any computer resource belonging to another party, or attempting to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Network Sabotage
Any use of IndyWeb products and services to interfere with the use of Internet resources or the IndyWeb network by other customers or end-users.
Pyramid Schemes
A fraudulent system of achieving financial gain, which requires an endless stream of recruits for success.
Unlawful Acts
Any use of IndyWeb products and services to violate the law or in aid of any unlawful act.
Usenet Spamming
Posting of messages to newsgroups that are irrelevant, blanket posting of messages to multiple newsgroups, and the posting of harassing and/or threatening messages.
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, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Violations and Enforcement :
At IndyWeb's sole discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of service if the customer does not cease the violation. If IndyWeb deems it necessary or prudent, it may immediately suspend or terminate service with or without notice if IndyWeb determines that a violation of the AUP has occurred. IndyWeb will enforce this AUP according to the severity of the offense and violator's history of prior AUP infringements. Repeated offenses will result in immediate termination of service. IndyWeb is not liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from IndyWeb exercising its rights under this AUP. IndyWeb has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the IndyWeb network but may do so at its discretion. Therefore, IndyWeb does not assume liability for any party's violation of the AUP or failure to terminate a customer's violation. IndyWeb reserves the right to charge time and materials to resolve customer issues that are not resolved by the customer in a timely manner.
*IndyWeb reserves the right to modify this AUP at any time without prior notification to customers.
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