Atarex Communications: Acceptable Use Policy

Atarex Communications and its affiliates (collectively, "Atarex") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of Atarex's networks, systems, services, web sites and products (collectively, the "Atarex Network and Services") by our customers and other users of the Atarex Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the Atarex Network and Services, Users consent to be bound by the terms of this AUP. Atarex reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Atarex Network and Services after such modification shall constitute acceptance of such modification.

General Conduct

The Atarex Network and Services must be used in a manner that is consistent with the intended purpose of the Atarex Network and Services and may be used only for lawful purposes. Users shall not use the Atarex Network and Services in order to transmit, distribute or store material:

in violation of any applicable law or regulation, including export or encryption laws or regulations; or
that may expose Atarex to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this AUP.

Responsibility for Content

Atarex takes no responsibility for any material created or accessible on or through the Atarex Network and Services. Atarex is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Atarex becomes aware that any such material may violate this AUP and/or expose Atarex to civil or criminal liability, Atarex reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Atarex further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Atarex deems responsible for the wrongdoing.

Inappropriate Content

Users shall not use the Atarex Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Atarex, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property

Material accessible through the Atarex Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Atarex Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Atarex Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content

Users shall not use the Atarex Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Atarex Network and Services, any other network or equipment, or other Users.

Fraudulent or Misleading Content

Users shall not use the Atarex 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. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages

Users shall not use the Atarex Network and Services to send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Users are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the Atarex Network and Services. In addition, Users shall not use the Atarex Network and Services in order to:

send e-mail messages which are excessive and/or intended to harass or annoy others,
continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them,
send e-mail with forged TCP/IP packet header information,
send malicious e-mail, including, without limitation, "mailbombing",
send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or
use an e-mail box exclusively as a storage space for data.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Atarex Network and Services, including, without limitation,

accessing data not intended for such User or logging into a server or account which such User is not authorized to access,
impersonating Atarex personnel,
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
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",
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
taking any action in order to obtain services to which such User is not entitled, or
attempting to utilize another User's account name or persona without authorization from that User.

Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Atarex services. Violations of system or network security may result in civil or criminal liability. Atarex will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension and Termination

Any User which Atarex determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if Atarex deems it necessary, immediate suspension or termination of such User's service without notice. Atarex may take such further action as Atarex determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Atarex 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 Atarex's exercise of its rights under this AUP.

Notice

Violations of this AUP may be reported at the following link: abuse@atarex.com.

This is document http://www.atarex.com/services/aup.shtml, it was last modified on: September 7, 2001.

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