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Acceptable Use PolicyBy using Service(s) provided by ROC-net you agree to comply with this AUP. This AUP may be revised from time to time and your use of ROC-net's Service(s) after changes to the AUP are posted on ROC-net's web site at http://www.roc-net.com shall constitute your acceptance of any changed or additional terms of the AUP. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. ROC-net expects you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that must be avoided. Common sense is the best guide as to what is considered acceptable use. Failure to observe the guidelines set forth in this AUP may result in ROC-net taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). When feasible, ROC-net will provide you with advance notice of an AUP violation, via e-mail or otherwise, and demand that such violation be immediately corrected. ROC-net reserves the right, however, to act immediately and without notice to suspend or terminate Service(s) in response to a court order or other legal requirement that certain conduct be stopped or when ROC-net determines, in its sole discretion, that the conduct may (1) expose ROC-net to sanctions, prosecution or civil action, (2) cause harm to or interfere with the integrity or normal operations of ROC-net's network(s) or facilities, (3) materially or repeatedly interfere with another person's use of ROC-net's Service(s) or the Internet (4) damage or disparage the reputation of ROC-net or its Service(s), or (5) otherwise present a risk of harm to ROC-net or ROC-net's customers or their employees, officers, directors, agents, etc. ROC-net's decisions with respect to interpretation of the AUP and appropriate remedial actions by ROC-net are final. ROC-net may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. ROC-net assumes no obligation to inform you that your information has been provided and, in some cases, may be prohibited by law from providing such notice. ROC-net shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from ROC-net's exercise of its rights under this AUP. General Use Policy In this AUP, "Service(s)" refers to any dial-up, DSL Internet access, Dedicated Internet access, web hosting, data center hosting, ROC-net Unified Communications, or similar Services that you have purchased from ROC-net. Your use of these Service(s) is subject to the terms and conditions of the Agreement you entered into in conjunction with the Service(s) ("Service Agreement"). This AUP is intended to provide you with a set of guidelines you must follow in your use of the Service(s). Rather than have a myriad of different AUPs for each service, this single AUP applies to a variety of ROC-net Services. Some provisions of this AUP may not be applicable to all Service(s). This AUP will be interpreted in the context of the intended use of the Service(s) at issue (e.g., business vs. consumer Service, Dedicated Internet Access Service vs. Dial-Up Service, etc.). You are responsible for avoiding the prohibited activities and following the AUP set forth herein. You are also responsible for the actions of others who may be using the Service(s) under your account. ROC-net does not, as an ordinary practice, proactively monitor the activities of those who use its Service(s) to ensure that its users comply with this AUP and/or the law, though it reserves the right to do so. If ROC-net is alerted to violations or potential violations of this AUP, however, ROC-net will take whatever measures it deems necessary and appropriate to stop or prevent those violations, including the actions described in this AUP. Abuse of e-Mail/Spamming The Service(s) you have purchased from ROC-net may include the ability to send and receive electronic mail (“e-Mail”). Mass electronic messages and "mail-bombing" (sending mass e-Mail or deliberately sending very large attachments to one recipient) are prohibited. Forging e-Mail headers (transmission information) is prohibited. Using another computer, without authorization, to send multiple e-Mail messages or to retransmit e-Mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of electronic mail to harass or intimidate other users is prohibited. Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating e-Mail, is a violation of this AUP and ROC-net reserves the right to seek damages and other available relief against customers or third parties – as applicable. For purposes of this AUP, such violations are determined by ROC-net in its sole discretion. Some limitations on the volume or size of e-Mail sent or received may not apply to customers with business-class service, or who host their own e-Mail servers. However, spamming and other prohibitions are still applicable. Export Control Violations Exporting encryption software over the Internet or otherwise, to points outside the United States, is prohibited. Facilitating a Violation of this AUP You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP. This includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Illegal Activity/Tortious Conduct Activities that involve use of Services or ROC-net's network(s) and that violate any local, state or federal law or regulation, also violate this AUP. Prohibited activities include, but are not limited to:
Infringement of Intellectual Property Rights You are prohibited from publishing, submitting, copying, uploading, posting, transmitting, reproducing, theft of, infringement on, or distributing information, software, or other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consents to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an ROC-net site or Service(s). ROC-net's agent for receipt of notifications pursuant to the Digital Millennium Copyright Act of 1998: ROC-net Network Security It is your responsibility to ensure the security of your network and the machines that connect to the Service(s). You are responsible for ensuring that your customers and users use the Service(s) in an appropriate manner. You are required to take all necessary steps to manage the use of the Service(s) obtained from ROC-net in such a way that network abuse is minimized. Violations of system or network security are prohibited, and may result in criminal and/or civil liability. Examples of system or network security violations include, but are not limited to the following:
Other Activities You are prohibited from engaging in any other activity, illegal or not, that ROC-net determines in its sole discretion, to be harmful to its subscribers, operations, network(s), reputation, goodwill, or customer relations. Provider Responsibilities ROC-net is aware that many of its customers are, themselves, providers of Internet services, and that information reaching ROC-net's network(s) or facilities from those customers may have originated from a subscriber of ROC-net's customer or from another third-party. ROC-net does not require its customers who offer Internet services to monitor or censor transmissions or web sites created by the customer's subscribers. ROC-net does, however, reserve the right to directly take action against such customers' subscribers. In addition, ROC-net may take action against ROC-net's customer because of the underlying subscriber's activities, even though the action may affect other subscribers of the ROC-net customer. Similarly, ROC-net expects that customers who offer Internet services will cooperate with ROC-net in any reasonable corrective or preventive action that ROC-net deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this AUP. ROC-net expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this AUP. Prohibited Countries By using the Service(s), you represent and warrant that you are not a resident of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/dpl/thedeniallist.asp Responsibility for Content ROC-net takes no responsibility for any material created or accessible on or through the ROC-net network(s) and Service(s). ROC-net shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that ROC-net becomes aware that any such material may violate this AUP and/or expose ROC-net to civil or criminal liability, ROC-net reserves the right to block access to such material and suspend or terminate any user creating, storing or disseminating such material. ROC-net further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that ROC-net deems responsible for the wrongdoing. Secure Password If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the Service(s) through your account. Attempting to obtain another user's account password is prohibited. Third Party Rules; Usenet You may have access through the ROC-net network(s) and Service(s) to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. ROC-net reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. Web Hosting and Data Center Hosting Surveillance ROC-net performs routine surveillance of its network(s) in connection with its web hosting, data center hosting, and related services. Although ROC-net will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which ROC-net, through its routine surveillance finds violations of this AUP, and reserves the right to take whatever action it deems appropriate in its sole discretion. Contact Information Unless otherwise agreed in writing signed by ROC-net and its customer, any notification that ROC-net sends to you pursuant to this AUP may be in writing to your address of record, or via e-Mail to the e-Mail address on file with ROC-net. You must respond in a timely manner to complaints concerning misuse of the Service(s) obtained from ROC-net. Failure to responsibly manage the use of the Service(s) obtained from ROC-net may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your Service(s), could lead to the imposition of early termination fees. Abuse Any party seeking to report a violation of this AUP may contact us via e-Mail at info@roc-net.com.
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