This Acceptable Use Policy (“AUP”) is intended to foster responsible use of services and facilities provided by 186 Communications, LLC (“186”) in compliance with relevant laws and the terms contained herein. The AUP outlines prohibited activities, provides remedies for violations of the prohibited activities and the AUP. By using any services or facilities provided by 186, customers of 186 (“Customers”) expressly accept this AUP. This AUP may also be modified or amended at any time by 186 and Customers’ use of any services or facilities provided by 186 serve as Customers’ acknowledgement and acceptance of such any such modifications or amendments.
Customer and Third Party Acknowledgement of Risk. Customers acknowledge that in using services or facilities provided by 186 or services that are supported or enabled by services or facilities of 186 , Users may be exposed to content that is unlawful, offensive, indecent or objectionable. Customers further acknowledge that 186 does not transmit content or have controls of the content that may be transmitted over its services or facilities. Therefore, Customers acknowledge and agree that 186 shall have no liability whatsoever for any content, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted and Customers waive all claims for liability against 186 with respect to any and all damages associated therewith. The extent of 186’s responsibilities with respect to any such events shall be to enforce, in 186’s discretion, this AUP.
Violation of Law. Customers shall not use or allow the use of any facilities or services of 186 in violation of any relevant law, whether federal, state, local, tribal or international, or any other prohibitions described herein. These prohibitions expressly extend to allowing others, whether by passively allowing, failing to prohibit, or otherwise to violate any such laws or any provision of this AUP.
Specific Prohibitions. The following are prohibited under this AUP:
Any activities which adversely affect the ability of other people or systems to use 186’s services or facilities, the services or facilities of any third party and the Internet. This includes, but is not limited to, “denial of service” (DoS) attacks against another network host or individual user.
Engaging in hacking, port scanning or any other attempt, whether successful or unsuccessful, to gain unauthorized access to any computer system, network or other person’s or entities’ data.
Sending unsolicited commercial e-mail (Spam) or large volumes of unsolicited e-mail. Using a 186 e-mail or website address to collect responses from unsolicited commercial e-mail is also prohibited.
Transmitting content that is unlawful, pornographic, abusive, profane, libelous, slanderous, obscene, threatening, defamatory, or invasive of another’s privacy, hateful, discriminatory or otherwise objectionable.
Unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material.
Propagating computer worms, viruses, Trojan horses, malware, spyware or any other disruptive, malicious, invasive, data mining or related code or devises to wrongfully allocate, interfere or otherwise harm computers, networks, transmissions of any type of data, commerce, a business or individuals in any manner.
Unlawfully collecting or storing personal data about other users.
Adding, removing, or modifying identifying network header information (a.k.a. “spoofing”) in an effort to deceive or mislead.
Disseminating, viewing, uploading, downloading, store or in any way using or facilitating child pornography of any inappropriate contact or interaction with children or minors.
Violating or facilitating the violation of any security law.
Intellectual Property. Customers are also prohibited from infringing, misappropriating or otherwise violating the intellectual property rights of any third party and of 186.
Indemnification. Customer shall, to the fullest extent permitted by law, indemnify and hold 186 and its employees, agents, officers, directors, affiliates, subcontractors and shareholders harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from:
any violation of the AUP or any one or more of the prohibitions herein,
claims of infringement or unlawful use of any third party software used by Customer ‘s account, or
claims of third parties relating to the use of services through Customer’s account, including without limitation liabilities resulting from electronic commerce conducted through Customer’s account and the placement or transmission of any message, information, software, audio files or other materials on the Internet.
Termination. 186 may, without notice to Customer, terminate Customer’s access to the services or facilities of 186 if 186 believes that Customer has violated this AUP, or any prohibition hereunder. 186 shall not be liable to Customer or any third-party for any termination of Customer’s access to any services or facilities provided by 186 and access to any other services or facilities resulting from such termination.
Miscellaneous. If any provision of this AUP is found by a court of competent jurisdiction to be invalid, the other provisions of this AUP shall remain in full force and effect. The section titles in this AUP are for convenience only and have no legal effect. 186 may amend, supplement or revise this AUP from time to time. If 186 does amend, supplement or revise this AUP, 186 will post such changes on its web site. Customer shall be solely responsibility to apprise itself of any such changes to this AUP and Customers’ use of any services or facilities provided by 186 serve as Customers’ acknowledgement and acceptance of such any such amendments, supplements or revisions.