Tags: acceptable use policy, acceptable use policy aup, applicable law, end users, including without limitation, information management, internet network, jelecos, network technology, related services, sole discretion,
ACCEPTABLE USE POLICY
(Last Update January 14, 2008)
Jelecos Systems, Inc., ("Jelecos") provides a variety of Internet, network, technology, and information
management related services (collectively, the "Services") to its customers. This Acceptable Use Policy ("AUP") is
applicable to any and all use of the Services including, without limitation, use and access by (a) Jelecos' customers, (b)
Jelecos' customers' customers and end-users, and (c) any other parties who use or access the Services (collectively,
the "Users"). All Users must comply with this AUP. BY ACCESSING OR USING THE SERVICES, EACH USER AGREES TO
THIS AUP. NO USER IS AUTHORIZED TO ACCESS OR OTHERWISE USE THE SERVICES UNLESS SUCH USERS FULLY
COMPLY WITH THIS AUP. Each Jelecos customer agrees that it is responsible for violations of this AUP by itself and by
any User that uses or access the Services through such customer, whether authorized by such customer or not. Jelecos
reserves the right, at its sole discretion, to refuse new service to any individual, group, or business.
1. Changes to this AUP. JELECOS MAY REVISE THIS AUP AT ANYTIME AND IN ITS SOLE DISCRETION.
WHEN THE AUP IS UPDATED, THE "LAST UPDATED" DATE AT THE TOP OF THIS AUP WILL LIKEWISE BE UPDATED. EACH
USER IS RESPONSIBLE FOR REGULARLY REVIEWING THE MOST CURRENT AUP, WHICH MAY BE ACCESSED BY GOING TO
JELECOS' WEBSITE AT www.jelecos.com AND CLICKING ON THE HYPERLINK LABELED "ACCEPTABLE USE POLICY."
CONTINUED USE OF THE SERVICES FOLLOWING ANY REVISION TO THE AUP CONSTITUTES A USER'S AGREEMENT TO
ANY REVISED AUP.
2. Violations of Jelecos' Acceptable Use Policy. Users shall not use the Services (a) to transmit,
distribute or store material in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates
the terms of this AUP, the terms of any applicable agreement with Jelecos, or any other Jelecos policy applicable to
such Users; or (c) in a manner that may expose Jelecos to criminal or civil liability. Without limiting the generality of
the foregoing, the following constitute violations of the AUP:
a. Using the Services to transmit, distribute or store information or material that is
inappropriate, offensive, obscene (including, without limitation, child pornography), defamatory, threatening,
abusive, or advocating violence.
b. Using the Services to transmit, distribute or store information or material that is harmful to
or interferes with Jelecos' provision of Services, or the functionality of any third party's networks, equipment,
applications, services, or web sites (e.g., data mining software, viruses, worms, web crawlers, robots,
cancelbots, spiders, Trojan horses, or any data gathering or extraction tools, etc.).
c. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that
infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
d. Using the Services to add, remove or modify identifying header information in an effort to
deceive or mislead, or to attempt to impersonate any person by using forged headers or other identifying
information.
e. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email in
violation of the CAN-SPAM Act of 2003 (as amended), all other laws and regulations applicable to bulk e-mail
and/or unsolicited commercial email, and Jelecos' Spam Policy.
f. Using the Services to access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of Jelecos' or another entity's computer software or
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hardware, electronic communications system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data.
g. Using the Services to collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
h. Using the Services to make fraudulent offers to sell or buy products, items, or services.
i. Using the Services to monitor data or traffic on any network or system without the
authorization of the owner of the system or network.
j. Using the Services to engage in any other conduct that Jelecos believes, in its sole
discretion, to be illegal, abusive, or irresponsible behavior.
3. Cooperation with Investigations & Legal Proceedings. Jelecos may, without notice to any User (a)
report to the appropriate authorities any conduct that it believes violates applicable criminal law, and (b) provide any
information it has about any User in response to a formal or informal request from a law enforcement or government
agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
4. Consequences of Violation of the AUP. Without limiting any other right or remedy Jelecos may
have, the methods of resolution below will typically form the framework for resolving violations of Jelecos' AUP.
Timing of and adherence to this framework may differ according to the degree of the violation, the nature of the
violation, involvement of law enforcement, involvement of third party litigation, or other related factors.
a. First notice of alleged or actual AUP violation. Jelecos will, in its discretion, provide
customers with written notice of an alleged or actual violation of this AUP, the required actions the User must
take to resolve the issue, and the period of time in which such violation must be resolved (the "AUP Violation
Notice").
b. Second notice of alleged or actual AUP violation. If the AUP Violation Notice has been
disregarded, not properly addressed, or not resolved by the User within the specified period of time
requested by Jelecos, Jelecos will disable access to and/or use of the Services being used in violation of the
AUP. If the violation is then addressed within an acceptable period of time as determined in Jelecos' sole
discretion, access to and use of the Services will be restored and will continue as normal.
c. Suspension or Termination of Services. If User fails to address and/or resolve the violation,
Jelecos will in it sole discretion, suspend or terminate some or all of the Services being provided to the
violating customer. Users understand and agree that Jelecos assumes no liability whatsoever, either express
or implied, for any lost data or lost use of the Services due to suspension or termination of the Services. All
User content and/or data being used or stored in connection with any terminated Services will be destroyed
upon termination. No service credits will be issued for any interruption in service resulting from violations of
this AUP. While Jelecos will attempt to follow the procedures listed above, Jelecos may, without notice to
User, suspend service and/or remove any content transmitted via the Services if Jelecos discovers facts that
lead it to reasonably believe Services are being used in violation of this AUP. Customers must cooperate with
Jelecos' reasonable investigation of any suspected violation of the AUP. Jelecos will attempt to contact its
customers prior to suspension of any access to any Services, however, such prior notice is not assured nor
required by Jelecos. Jelecos reserves the right at all times to investigate any actual, suspected, or alleged
violations of this AUP, with such investigation to include accessing of data and records associated with the
Services.
5. Expenses. Jelecos reserves the right to recover any and all expenses incurred in connection with a
customer's violation of this AUP, or Jelecos' investigation thereof. Jelecos may charge its customers (and customers
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agree to pay) Jelecos' hourly rate to correct or otherwise address any violation of this AUP or to repair any security
breach, plus the cost of equipment and material needed to: (x) investigate, correct or otherwise respond to any
violation or suspected violation of this AUP, (y) remedy any harm caused to Jelecos or any of its customers by violation
of this AUP, (z) respond to complaints.
6. Security. Customers are solely responsible for any breaches of security affecting use of the Services
by unauthorized persons. Customer must adopt adequate security measures to prevent or minimize unauthorized use
of its account. Customers must protect the confidentiality of password(s), and should change password(s)
periodically.
7. Disclaimer. Jelecos is not responsible for any material or information created, stored, maintained,
transmitted or accessible on or through the Services. In the event Jelecos becomes aware that any such material may
violate this AUP and/or expose Jelecos to civil or criminal liability, Jelecos may block access to such material and
suspend or terminate any Services without liability. Jelecos further reserves the right to cooperate with legal
authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any
User that Jelecos believes is responsible for such violation. Jelecos also reserves the right to implement technical
mechanisms to prevent AUP violations. Nothing in this AUP shall limit Jelecos' rights and remedies at law or in equity
that may otherwise be available. Jelecos is under no duty, and does not by this AUP undertake a duty, to monitor or
police its customers' activities and disclaims any responsibility for any misuse of the Services. Jelecos disclaims any
obligation to any person who has not entered into an agreement with Jelecos for Services.
8. Contact. Please direct all questions regarding this AUP to support@jelecos.com.
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