The following is Assimulare, Inc.'s
Acceptable Use Policy (the "Policy")
applicable to all Customers, their subsidiaries, affiliates
and end-users and supersedes any other written or oral Policy.
Upon notice published online via Assimulare's
web page, Assimulare may, in
its sole discretion, modify this Policy as well as
discontinue or change services offered by Assimulare.
Assimulare reserves the right
to revise the Policy from time to time at its sole
discretion. Assimulare's goals
are to protect network resources, preserve the privacy and
security of Assimulare and its
customers' networks, and maximize the utility of both Assimulare
and the Internet, while recognizing Assimulare's
position in the Internet community as a whole.
By using any of the services offered by Assimulare,
Customers are bound by and must comply with this Policy
in its entirety. Violations of the guidelines, delineated
below, will result in cancellation of services or such other
action as Assimulare, in its
sole discretion, deems appropriate.
The Assimulare Network may be
used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or
other intellectual property right used without proper authorization,
and material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Assimulare
reserves the right to remove any and all materials that infringe
on another's copyright or other intellectual property rights
from its servers. Such materials may be removed at any time
upon receiving a complaint and/or notice of alleged infringement.
Any "denial of service" attacks, any attempt to
breach authentication or security measures, or any unauthorized
attempt to gain access to any other account, host or network
is prohibited, and will result in immediate service termination,
which may be without notice.
Customers may not send unsolicited email to any account that
has not specifically requested such unsolicited information
or that causes complaints from the recipients of such unsolicited
email. Assimulare services may
not be used to send unsolicited advertising messages to other
network users. Customers may not flood ("spam")
newsgroups with commercial or non-commercial postings.
Customers may not continue to send commercial email to a recipient
if that recipient has requested that the Customer to discontinue
such communication. Assimulare
prohibits the transmission of email or newsgroup postings
that are harassing, libelous, defamatory, legally obscene
or pornographic, abusive, or hateful to non-consenting recipients.
The forwarding or propagation of chain letters of any type
(including charity requests or petitions for signatures) is
impermissible without express written approval by Assimulare.
"Mailbombing" (i.e. flooding a user or site with
large or numerous email messages) is strictly prohibited.
Customers may not forge header information on email or any
other material transmitted through Assimulare
servers. The use of Assimulare
services to collect replies of messages sent from any another
provider that violates the rules of this Policy or
those of the originating provider is strictly prohibited.
Certain Internet services accessible through Assimulare's
network may contain language, pictures or other content which
some individuals may find offensive, inflammatory, or of an
adult nature. Assimulare does
not endorse such materials, but Assimulare
is not responsible for any such content, and disclaims any
and all liability for such content. The transmission of such
material over Assimulare's network
is strictly prohibited as delineated above. However, it is
not possible for Assimulare
to absolutely detect and disallow such transmission, therefore,
access to such materials is at the Customer's own risk.
Use of any information obtained via Assimulare's
service is at the Customer's own risk. Assimulare
specifically denies any responsibility for the accuracy or
quality of information obtained through Assimulare
services. The rules and regulations contained within this
Policy apply to all other means of Internet-based transmissions,
including, but not limited to Internet fax or Internet phone.
Use of other organizations' networks or computing resources
is subject to their respective permission and usage policies.
Customers agree not to resell Assimulare
products or services without prior written consent from Assimulare.
Customers agree to defend, hold harmless, and expeditiously
indemnify Assimulare from any
and all liability, claim, loss, damage or expense arising
out of a breach or violation of any covenant contained in
this Policy, or resulting from the use of the services.
Customers agree to waive and hold Assimulare
harmless from any claims relating to any action taken by Assimulare
as part of an investigation into a suspected violation of
this Policy or as a result of its conclusion that a
violation of this Policy has occurred. Therefore, Customers
cannot sue or recover any damages whatsoever from Assimulare
as a result of the decision to remove material from Assimulare
servers, or to suspend or terminate Customers access to Assimulare's