Acceptable Use Policy
Active issues such
as SPAM, Denial of Service, scans, or distribution of malware
may constitute an escalated issue requiring Customer’s
AUP representative to take immediate action on the End
User account. In all cases, an AUP-related event will require
Customer to take all actions necessary to quickly rectify
the situation to ensure that suspension of Service is not
required.
Customer acknowledges
that (i)Structure has no control over or liability for
the actions of federal, state or local jurisdictions, which
may restrict or block the iConnection Service.
(i)Structure's
acceptable use policies ("Policies") set forth below defines
acceptable practices while using any of (i)Structure's
services that provide access to the (i)Structure Service.
By using the Service, you acknowledge that you and users
that have gained access to the Service through your account
(collectively "Users"), have read, understood, and agree
to abide by the Policies. You are responsible for violations
of these Policies by any User. While it is not our intent
to control or monitor your on-line experience or the content
of your on-line communications, we may edit or remove content
that we deem to be in violation of the Policies or that
we otherwise deem harmful or offensive. The Policies apply
to all aspects of the Service.
You are responsible
for maintaining the confidentiality of your password and
account information, as well as the security of your internal
systems and networks. You agree to indemnify, defend, and
hold (i)Structure, its subsidiaries, affiliates, officers,
directors, employees, agents, licensors, consultants, and
suppliers harmless from and against all claims, demands,
actions, liabilities, losses, expenses, damages, and costs,
including actual attorneys' fees, resulting from your violation
of this Policy, misuse or abuse of the Service, or your
infringement, or infringement by any other user of your
account, of any intellectual property or other right of
any person or entity. You will cooperate as fully as reasonably
required in (i)Structure's defense of any claim. (i)Structure
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle
any matter without the written consent of (i)Structure.
You agree immediately to notify (i)Structure of any unauthorized
use of your account or any other breach of security known
to you.
General
These Policies are
designed to assist in protecting the Service and our Users
from improper and/or illegal activity using the Service.
Users are generally expected to behave in a reasonable
fashion and to adhere to commonly accepted practices.
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.
Definitions
As used in this
Acceptable Use Policy, the terms shall have the respective
meanings set forth below:
"(i)Structure" includes,
without limitation, (i)Structure and any division, subsidiary,
affiliate, or parent corporation of any of the foregoing. "(i)Structure
Service" includes, without limitation, (i)Structure's networks,
and all systems, services, and products that utilize, or
are utilized in connection with, (i)Structure's service.
Rights of (i)Structure
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 (i)Structure Service 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.
Questions, Comments, or Complaints
If you are unsure whether any contemplated
use or action is permitted, please submit questions or comments
to (i)Structure at: abuse@i-structure.com. Any complaints
regarding prohibited use or other abuse of the (i)Structure
Service, including violations of this Acceptable Use Policy,
should be sent to (i)Structure.
Configuration
All users of the (i)Structure Service are
responsible for configuring their own systems to provide
the maximum possible accountability. (i)Structure shall not
be liable for any damage caused by such system configurations
regardless of whether such configurations have been authorized
or requested by (i)Structure. For example, users should maintain
logs of dynamically assigned IP addresses as well as date
and time stamps of all network address translations.
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. 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 (i)Structure 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.
E-Mail Relay
Any use of another party's electronic mail
server to relay e-mail without express permission from such
other party is prohibited.
USENET Postings
All postings to USENET groups must comply
with that group's charter and other policies. Users are prohibited
from cross posting to unrelated news groups or to any news
groups where the post does not meet that group's charter.
Continued posting of off-topic messages, including commercial
messages (unless specifically invited by charter), is prohibited.
Disrupting newsgroups with materials, postings, or activities
that are (as determined by (i)Structure in its sole discretion)
frivolous, unlawful, obscene, threatening, abusive, libelous,
hateful, excessive, or repetitious, unless such materials
or activities are expressly allowed or encouraged under the
newsgroup's name, FAQ, or charter.
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.
In those instances involving child pornography, (i)Structure
complies with all applicable Federal or State laws including
providing notice to the National Center for the Missing and
Exploited Children or other designated agencies.
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.
- Resale of (i)Structure's services
or products, unless expressly authorized in a separate
written agreement with (i)Structure.
- Harassment, whether through language,
frequency, or size of messages.
- Furnishing false or incorrect data to
(i)Structure on written or online applications, contracts,
or other materials or information provided to (i)Structure,
including fraudulent use of credit card numbers or "bill
to" telephone numbers.
- Attempting to circumvent or alter the
processes or procedures to measure time, bandwidth utilization,
or other methods to document use of (i)Structure's products
and services.
- 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.
Cooperation with Investigations
We will cooperate with appropriate law
enforcement agencies and other parties involved in investigating
claims of illegal or inappropriate activity. (i)Structure
reserves the right to disclose customer information to the
extent authorized by federal surveillance statutes.
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 Online 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."
Modifications
(i)Structure reserves the right to modify
this Acceptable Use Policy at any time without notice. In
most cases, we will attempt to notify you, our Customer,
of any such modifications either via e-mail or by posting
a revised copy of the Policies on our Web site.
Excessive Usage
If we have specified
bandwidth limitations for your user account, use of the
Service shall not be in excess of those limitations.
If you become aware of any violation of
these Policies by any person, including Users that have accessed
the Service through your account, please notify us. We will
notify you, our Customer, of complaints received by us regarding
each incident of alleged violation these Policies by your
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. We reserve the right to install and use,
or to have you 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
us.