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Acceptable Use Policy
Customer
shall not do any of the following, or permit any third party under its
control (including its customers and their authorized users) to do the
following, and must include provisions in its service agreements for its
customers and authorized users that restrict them from doing any of the
following:
i.
restrict or inhibit any other user from using and enjoying the
Service and/or the Internet; or
ii.
upload, post, publish, transmit, reproduce, distribute, or
participate in the transfer or sale, or in any way exploit any
information, software or other material obtained through the Internet
which is PROTECTED BY COPYRIGHT or other proprietary rights or derivative
works with respect thereto, without obtaining permission of the copyright
owner or right holder; or
iii.
use the SMTP services of a third party for the purposes of relaying
or sending electronic mail messages without the express permission of that
third party; or
iv.
host a publicly-accessible "open relay" SMTP or anonymous
remailer service for any purpose, cause, or reason; or
v.
post a commercial advertisement to any USENET newsgroup, Internet
"chat room", bulletin board, or similar forum, if the target
forum is not specifically chartered for public advertisement by
non-private parties of items "for sale" or
vi.
post to any USENET Newsgroup or other newsgroups, forum, email
mailing list or similar group or list articles which are off-topic
according to the charter or other public statement of the group; or
vii.
send Unsolicited Commercial E-mail
(UCE, also known as SPAM)
to any number of e-mail users or lists; or
viii.
maintain, or send e-mail to, "opt-in targeted marketing
lists" if the Customer cannot demonstrate, to GendyXpro's
satisfaction, that the members of the list(s) have knowingly requested to
be added to the list(s) in question through direct action of their own
doing, and that easily-accessible, automated opt-out/removal mechanisms
are in place and available to the members of the list(s); or
ix.
engage in any activity that is, or appears to be, an attempt to
gain unauthorized access to a remote system or network, or to gain
information that could later be used to assist in gaining unauthorized
access to a remote system or network, such as port scanning, dictionary
attacks, Denial of Service attacks, server/service hijacking, etc.; or
x.
engage in any of the foregoing activities using the service of
another provider, but channeling such activities through an GendyXpro account or remailer, or using an
GendyXpro account as a mail drop for
responses to UCE, or hosting a website that is advertised via UCE that
originates from a non-gendyXpro.com-connected source, or otherwise
requiring return transit through gendyXpro's internet backbone; or
xi.
falsify or "spoof" user information provided to GendyXpro
or to other users of the Service, and for handling all
complaints and trouble reports made by its own customers and authorized
users; or
xii.
use the Service in violation or contravention of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, or any
other applicable law, regulation, order or other governmental directive,
or abuse or fraudulently use the Service in any way not specifically set
forth above.
Further,
if customer is notified by GendyXpro's Abuse Response Team, via e-mail or
the Customer discovers on their own or through any other means, that the
Customer themselves or any third party under Customers control of a
violation of this AUP, the Customer will take whatever steps are necessary
to stop such activity, and prevent repeat violations by the offending
entity.
The
customer will respond to all violations reported within 1 (one) business
day of the violation being reported, and will have put a stop to the
activity within 2 (two) business days of the violation first being
reported.
GendyXpro
reserves the right to disconnect Customers systems until such abuse has
been eliminated.
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