Acceptable Use Policy
This Acceptable Use Policy sets forth guidelines for acceptable use of e-Up's network and systems (the "e-Up Network") and its services, software and products ("e-Up Services" together with the e-Up Network, the "e-Up Network and Services") by our customers, re-sellers and other users of the e-Up Network and Services (each, a "Customer"). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by e-Up to be inappropriate, improper or harmful to e-Up' reputation, Network or Services and therefore prohibited when using the e-Up Network and Services.
The guidelines and restrictions in this Acceptable Use Policy on use of the e-Up Network and Services by a Customer shall apply equally to the Customer's employees and any other person or entity that is provided access to the e-Up Network and/or Services directly or indirectly by the Customer ("Users"). By using the e-Up Network and Services, Customer acknowledges that it has read, understood and agrees to comply with the terms of this Acceptable Use Policy. Customer shall (i) ensure that its Users comply with this Acceptable Use Policy and (ii) be responsible for violations of this Acceptable Use Policy by Customer or its Users.
Customer must use the e-Up Network and Services in a manner consistent with the permitted use of such e-Up Network and Services. Unless otherwise expressly permitted in writing by e-Up, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the e-Up Network or Services, or use the e-Up Network or Services with or for the benefit of any third party (other than Internet end users). Customer may only use the e-Up Network and Services for lawful purposes and in accordance with this Acceptable Use Policy.
Responsibility for Content
e-Up takes no responsibility for any Customer or User content created, accessible or delivered on or through the e-Up Network and Services. Customer is solely responsible for (i) any content published or made available through the e-Up Network or Services by Customer and its Users and (ii) compliance with all laws applicable to the publication and distribution of such content. Customer shall be solely responsible for maintaining a copy of its content.
Inappropriate and Illegal Content
Customer shall not use the e-Up Network and Services to transmit, distribute or store material that is inappropriate as reasonably determined by e-Up, or material that is illegal, defamatory, libelous, indecent, obscene, or inconsistent with the generally accepted practices of the Internet community. Customer shall ensure that its and its Users' use of the e-Up Network and Services and all content transmitted, distributed or stored on the e-Up Network do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. Customer shall not use the e-Up Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, malware, spyware, or other component harmful to the e-Up Network and Services, any other network or equipment, or other Users. Customer shall not use the e-Up Network and Services to engage in any action or practice that reflects poorly on e-Up or otherwise disparages or devalues e-Up' reputation or goodwill.
Customer shall not use the e-Up Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the e-Up Network and Services, such domain name must not violate any trademark, service mark, or other rights of any third party.
Customer shall not use the e-Up Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
Email and Spam
Customer shall not use the e-Up Network and Services to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Customer is prohibited from using the service of another provider to send spam or to otherwise promote a site hosted on or connected to the e-Up Network. In addition, Customer shall not use the e-Up Network and Services to (a) send e-mail messages or USENET postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages or USENET postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or USENET postings with forged header information, or (d) send malicious e-mail messages or USENET postings, including, without limitation, "mailbombing." e-Up reserves the right to charge Customer at e-Up' standard rates for time required to handle any complaints that Customer or User violate this Email and Spam section.
Customer is prohibited from violating or attempting to violate the security of the e-Up Network and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating e-Up personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing," "denial of service" attacks, or "crashing," (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another party's account name or persona without authorization from that party. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for e-Up Services. Violations of system or network security may result in civil or criminal liability.
e-Up Rights and Remedies
If Customer becomes aware of any content or activity that violates this Acceptable Use Policy, Customer shall take all necessary action to prevent such Content from being routed to, passed through, or stored on the e-Up Network. To the extent e-Up becomes aware of any content or activities that e-Up deems, in its sole discretion, to be in violation of this Acceptable Use Policy, e-Up may immediately block access to such content, suspend or terminate any affected e-Up Services, or take any other actions e-Up deems appropriate. e-Up shall be solely responsible for determining if any content or action violates this Acceptable Use Policy. e-Up reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm e-Up' Network, Services or customers. e-Up also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that e-Up deems responsible for the wrongdoing. e-Up may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on e-Up. e-Up shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from e-Up' exercise of its rights under this Acceptable Use Policy. Customer agrees to indemnify e-Up for any and all damages, claims, suits, costs or expenses asserted against or incurred by e-Up related to or in connection with a violation of this Acceptable Use Policy by Customer or its Users. e-Up reserves the right to modify this Acceptable Use Policy from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on the e-Up web site. Any use of the e-Up Network and Services after such modification shall constitute acceptance of such modification.