Information about http://www.opticfusion.net/aup.pdf

Acceptable Use Policy …

Tags: acceptable practices, acceptable use policies, acceptable use policy, attorneys, breach, confidentiality, damages, fusion network, illegal activity, indemnification, information client, infringement, internet community, internet users, liabilities, losses, party providers, subsidiaries, third party, unauthorized use,
Pages: 3
Language: english
Created: Thu May 3 15:12:04 2007
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                                    Acceptable Use Policy

       Optic Fusion's acceptable use policies ("Policies") set forth below define acceptable
practices while using any of Optic Fusion's services that provide access to the Optic Fusion
network (the "Service"). By using the Service, Client acknowledges that users that have
gained access to the Service (collectively "Users"), have read, understood, and agree to
abide by the Policies. Client is responsible for violations of these Policies by any User. Optic
Fusion may edit or remove content that we deem to be in violation of the Policies.

        The Policies apply to all aspects of the Service. Client is entirely responsible for
maintaining the confidentiality of account information. Client agrees to indemnify, defend, and
hold Optic Fusion, its subsidiaries, affiliates, officers, directors, employees, agents, licensors,
consultants, suppliers, and any third party providers harmless from and against all claims,
demands, actions, liabilities, losses, expenses, damages, and costs, including actual
attorneys' fees, resulting from Client's violation of this Policy, misuse or abuse of the Service,
or Client's infringement, or infringement by any other user, of any intellectual property or other
right of any person or entity. Client will cooperate as fully as reasonably required in Optic
Fusion's defense of any claim. Optic Fusion reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by Client
and Client shall not in any event settle any matter without the written consent of Optic Fusion.
Client agrees immediately to notify Optic Fusion of any unauthorized use of account or any
other breach of security known to Client.

General

       These Policies are designed to assist in protecting the Service, our Users, and the
Internet community as a whole from improper and/or illegal activity over the Internet. Users
are generally expected to behave in a reasonable fashion and to adhere to commonly
accepted practices of the Internet community.
       For the most part, simply exercising good judgment and common sense while using the
Service should enable Users to remain within the purview of acceptable conduct as further
described in these Policies. The categories listed below are intended merely to serve as
guidelines regarding appropriate and inappropriate conduct; the list is by no means
exhaustive and should not be interpreted as such.

Rights of Optic Fusion

         If Users engage in conduct while using the Service that is in violation of the Policies or
is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the
Service or the User's access to the Service. In most cases, we will attempt to notify you of any
activity in violation of the Policies and request that the User cease such activity; however, in
cases where the viability of the Optic Fusion network is threatened or cases involving
UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service
attacks, illegal activities, harassment or copyright infringement, we reserve the right to
suspend your Service or the User's access to the Service without notification. In addition, we
may take any other appropriate action, legal or otherwise, against a User for violations of the
Policies, which may include termination of the Service. We do not make any promise, nor do
we have any obligation, to monitor or police activity occurring via the Service and will have no
liability to any party, including you, for any violation of the Policies.
Unauthorized Access/Interference

         A User may not attempt to gain unauthorized access to, or attempt to interfere with or
compromise the normal functioning, operation, or security of any network, system, computing
facility, equipment, data, or information. A User may not use the Service to engage in any
activities that may interfere with the ability of others to access or use the Service or the
Internet. A User may not use the Service to monitor any data, information, or communications
on any network or system without authorization. A User may not attempt to gain unauthorized
access to the user accounts or passwords of other users.

UCE/Spamming/Mailbombing

       A User may not use the Service to transmit excessive volumes of unsolicited
commercial e-mail messages or deliberately send excessively large attachments to one
recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial
e-mail messages or large attachments sent to one recipient, constitutes Unsolicited
Commercial E-mail "UCE" and is prohibited. In addition, "spamming" or "mailbombing" is also
prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to
promote a site hosted on or connected to the Optic Fusion network, is similarly prohibited.
Likewise, you may not use the Service to collect responses from mass unsolicited e-mail
messages.

Spoofing/Fraud

       A User may not attempt to send e-mail messages or transmit any electronic
communications using a name or address of someone other than the User for purposes of
deception. Any attempt to impersonate someone else by altering a source IP address
information or by using forged headers or other identifying information is prohibited. Any
attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with
use of the Service is prohibited.

Illegal Activity

        Users agree to use the Service only for lawful purposes. Use of the Service for
transmission, distribution, retrieval, or storage of any information, data, or other material in
violation of any applicable law or regulation (including, where applicable any tariff or treaty) is
prohibited. This includes, without limitation, the use or transmission of any data or material
protected by copyright, trademark, trade secret, patent, or other intellectual property right
without proper authorization and the transmission of any material that constitutes an illegal
threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful

Other Prohibited Activities
      The following activities are also prohibited:
   ·  Attempting to intercept, redirect, or otherwise interfere with communications intended
      for others.
   ·  Intentionally transmitting files containing a computer virus or corrupted data.
   ·  Using the SMTP services of a third party for the purposes of relaying or sending
      electronic mail messages without the express permission of that third party
   ·   Host a publicly-accessbile "open relay" SMTP or anonymous remailer service for any
       purpose, cause, or reason
   ·   Maintain, or send email to, "opt-in targeted marketing lists" if Customer cannot
       demonstrate, to Optic Fusion's satisfaction, that the members of the list have knowingly
       requested to be added to the list(s) in question through direct action of their own doing,
       and that easily-accessible, automated opt-out/removal mechanisms are in place and
       available to the members of the list(s)


       Any other inappropriate activity or abuse of the Service (as determined by us in our
sole discretion), whether or not specifically listed in these Policies, may result in suspension
or termination of the User's access to and use of the Service, without compensation.

Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in
investigating claims of illegal or inappropriate activity.

Privacy

        Because the Internet is an inherently open and insecure means of communication, any
data or information a User transmits over the Internet may be susceptible to interception and
alteration. Subject to our On-line Privacy Policy, we make no guarantee regarding, and
assume 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 or information transmitted via any
server designated as "secure."

       If you become aware of any violation of these Policies by any person, please notify
Optic Fusion, either in writing or by email. We will notify our Customer, of complaints received
by us regarding each incident of alleged violation these Policies by Users of the Service. You
agree to promptly investigate all such complaints and take all necessary actions to remedy
any actual violations of these Policies. We may identify to the complainant that you are
investigating the complaint and may provide the complainant with the necessary information
to contact you directly to resolve the complaint. You shall identify a representative for the
purposes of receiving such communications. Optic Fusion reserves the right to install and
use, or to have Client install and use, any appropriate devices to prevent violations of these
Policies, including devices designed to filter or terminate access to the Services provided by
Optic Fusion.