- Scope. This Acceptable Use Policy (this "Policy") governs
the usage of Beza.net's products and services (the "Services"). This
Policy is incorporated by reference into each contract Beza.net enters
into with a customer (each, a "Customer") for the use of such Services.
Beza.net may modify this Policy at any time without notice. In addition,
this Policy is incorporated by reference into the Terms
and Conditions applicable to Beza.net's Web site so that no person
who utilizes Beza.net's Web site (regardless of whether that person
is a Customer) may take any action utilizing Beza.net's Web site that
a Customer would be prohibited to take utilizing the Services.
- Purpose. The purpose of this Policy is to enhance the
quality of the Services and to protect Beza.net's customers, and the
Internet community as a whole, from illegal, irresponsible, or disruptive
Internet activities. This Policy applies to each Customer and its employees,
agents, contractors or other users of such Customer who obtain Services
from Beza.net (each such person being a "User"). Each User should use
common sense and good judgment in connection with the Services. Parents
or guardians should always supervise minors in using the Internet. Parents
and guardians should remain aware at all times of what is on the Internet
and how the minors under their care are using the Services and the Internet.
- Prohibited Uses. Users may not:
- Utilize the Services to send mass unsolicited
e-mail to third parties.
Provided, however, that Users may use eMS services provided by Beza.net to send mass e-mails so long as the User ensures that such transmissions comply with all applicable regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM law.
- Utilize the Services in connection with any
illegal activity. Without limiting the general application
of this rule, Users may not:
- Utilize the Services to copy material from
third parties (including text, graphics, music, videos
or other copyrightable material) without proper authorization;
- Utilize the Services to misappropriate or
infringe the patents, copyrights, trademarks or other
intellectual property rights of any third party;
- Utilize the Services to traffic in illegal
drugs, illegal gambling, obscene materials or other
any products or services that are prohibited under applicable
law;
- Utilize the Services to export encryption
software to points outside the United States in violation
of applicable export control laws; or
- Utilize the Services in any manner that violates
applicable law.
- Utilize the Services to copy material from
third parties (including text, graphics, music, videos
or other copyrightable material) without proper authorization;
- Utilize the Services in connection with any
tortious or actionable activity. Without
limiting the general application of this rule, Users may not:
- Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel or defamation,
(B) publicizes the personal information or likeness
of a person without that person’s consent or (C)
otherwise violates the privacy rights of any person.
- Utilize the Services to threaten persons
with bodily harm, to make harassing or abusive statements
or messages, or to solicit the performance of acts or
services that are illegal under applicable law.
- Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel or defamation,
(B) publicizes the personal information or likeness
of a person without that person’s consent or (C)
otherwise violates the privacy rights of any person.
- Utilize the Services in connection with any
other disruptive or abusive activity. Without limiting
the general application of this rule, Users may not:
- Utilize the Services to cause denial of service
attacks against Beza.net or other network hosts or
Internet users or to otherwise degrade or impair the
operation of Beza.net’s servers and facilities
or the servers and facilities of other network hosts
or Internet users;
- Post messages or software programs that consume
excessive CPU time or storage space;
- Utilize the Services to offer mail services,
mail forwarding capabilities, POP accounts or autoresponders
other than for the User’s own account;
- Utilize the Services to resell access to
CGI scripts installed on Beza.net’s servers;
- Utilize the Services to subvert, or assist
others in subverting, the security or integrity of any
Beza.net systems, facilities or equipment;
- Utilize the Services to gain unauthorized
access to the computer networks of Beza.net or any
other person;
- Utilize the Services to provide passwords
or access codes to persons not authorized to receive
such materials by the operator of the system requiring
the password or access code;
- Utilize the Services to (A) forge the signature
or other identifying mark or code of any other person,
(B) impersonate or assume the identity or any other
person, or (C) engage in any other activity (including "spoofing")
to attempt to deceive or mislead other persons regarding
the true identity of the User (excluding the use of
anonymous remailers or Internet nicknames);
- Utilize the Services to distribute or post
any virus, worm, Trojan horse, or computer code intended
to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services;
- Utilize the Services to conduct port scans
or other invasive procedures against any server (except
any server for which the User is an authorized system
administrator);
- Utilize the Services to distribute, advertise
or promote software or services that have the primary
purpose of encouraging or facilitating unsolicited commercial
e-mail or spam;
- Utilize the Services to solicit or collect,
or distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating
unsolicited commercial e-mail or spam;
- Utilize the Services in any manner that might
subject Beza.net to unfavorable regulatory action,
subject Beza.net to any liability for any reason, or
adversely affect Beza.net’s public image, reputation
or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable materials
as determined by Beza.net in its sole discretion; or
- Utilize the Services in any other manner
to interrupt or interfere with the Internet usage of
other persons.
- Utilize the Services to cause denial of service
attacks against Beza.net or other network hosts or
Internet users or to otherwise degrade or impair the
operation of Beza.net’s servers and facilities
or the servers and facilities of other network hosts
or Internet users;
- Utilize the Services to send mass unsolicited
e-mail to third parties.
- Violations
- Disclaimer. Beza.net expressly
disclaims any obligation to monitor its Customers and other Users
with respect to violations of this Policy. Beza.net has no liability
or responsibility for the actions of any of its Customers or other
Users or any content any User may post on any Web site.
- Reporting Non-Copyright Violations. Beza.net
encourages Users to report violations of this policy by e-mail
to: abuse@beza.net,
including in any such report the name of the offending domain (for
example, xyz.com) and the type of abuse (for example, spam, illegal
acts, harassment, etc.) in the "subject" field of the
e-mail.
- Reporting Copyright Violations. Beza.net complies
with the Digital Millennium Copyright Act ("DMCA"). Beza.net
encourages Users to report an alleged copyright infringement involving
a user by sending a notice that complies with the DMCA to:
DMCA Notices
BEZA, INC
700 12th St, NW Suite 700
Washington, DC 20005
- Remedies. If Beza.net learns of a violation
of this Policy, Beza.net will respond to the applicable Customer
and may, in Beza.net’s sole discretion, take any of the following
actions, in accordance with the severity and duration of the violation:
- Warning the Customer;
- Suspending the offending Customer from the Services;
- Terminating the offending Customer from the Services;
- Imposing fees or charges on the offending Customer account
in accordance with the applicable service contract;
- Removing the offending content; and
- Taking other action in accordance with this Policy, the applicable
service contract or applicable law.
Beza.net reserves the right to suspend or terminate any customer pursuant to any valid DMCA complaint. Furthermore, Beza.net , in its sole discretion, may suspend or terminate without notice, any User that Beza.net determines is a repeat copyright infringer.
- Disclaimer. Beza.net expressly
disclaims any obligation to monitor its Customers and other Users
with respect to violations of this Policy. Beza.net has no liability
or responsibility for the actions of any of its Customers or other
Users or any content any User may post on any Web site.
- Reservation of Rights. Beza.net reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Beza.net 's Services, Customers and other Users. Beza.net reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Beza.net may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Beza.net is authorized to monitor its communications through Beza.net 's network for such purposes.
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