AnyWhereUR.Net

Acceptable Use Policy (Download .doc file)

This Acceptable Use Policy (“AUP”) sets forth terms and conditions and specifies actions prohibited by AWUR.Net, Inc. and applies to all AWUR.Net Customers and Customer’s Subscribers (collectively, “Users”).  Use of the AWUR.Net network constitutes on the part of User, acceptance of and agreements to abide by all policies of AWUR.Net including this AUP which is in addition to, and supplements the terms of the applicable Master Services Agreement (“MSA”) and AWUR.Net reserves the right to modify this policy at any time. AWUR.Net does not monitor, verify, warrant, or validate the integrity, accuracy or quality of information or data it receives or transmits. Accordingly, AWUR.Net neither controls nor accepts responsibility for the content of any communications that are transmitted or made available to Users of its network and /or services.

A.           Lawful Use

The AWUR.Net network may be used only strictly in accordance with all international, federal, state and local laws, tariffs, ordinances and regulations and AWUR.Net may report to legal authorities any content that is or is believed to be unlawful, may disclose to such authority the author of such content and will cooperate with law enforcement agencies and other parties investigating or prosecuting claims of illegal or inappropriate activity.  This includes without limitation, material protected by copyright, trademark, trade secret or other intellectual property right, material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful or constitutes an illegal threat or abuse, material that violates export control laws or regulations, and material that encourages conduct that would constitute a criminal offense or give rise to civil liability.

B.            Privacy

AWUR.Net makes no guarantee regarding the security and integrity of any data or information transmitted. Users must respect the privacy of others, shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to others, or represent themselves as another User unless explicitly authorized to do so by that User.  Revealing a User password to others is strictly prohibited. Attempting to obtain access beyond that for which User is authorized is strictly prohibited, including illegal or unauthorized accessing known as “hacking.

C.            Network Integrity

Use of AWUR.Net’s network and or any attached network in a manner that precludes or significantly hampers its use by others is not allowed. Connections which create routing patterns that are inconsistent with the effective and shared use of the network may not be established. Users must respect the integrity of computing and network systems. Examples of prohibited uses include, without limitation:

(i)    Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

(ii)    Unauthorized monitoring of data or traffic on any network or system without express written authorization of the owner of the system or network;

(iii)    Interference with service to any User, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

(iv)    Distribution of internet Viruses, Worms, Trojan Horses or other destructive activities;

(v)    Modification of IP packet content in a malicious manner or forging of any TCP-IP packet header or any part of the header information in an e-mail, chat room or a newsgroup posting.

D.            E-Mail

Unsolicited advertising is prohibited.  Other prohibited activities include:

(i)    Sending unsolicited commercial or bulk e-mail.

(ii)   Using another site’s mail server to relay mail without express permission of the site;

(iii) Repeated, unsolicited and /or unwanted communication of an intrusive nature;

(iv) Posting or e-mailing of scams such as ‘make-money-fast’ schemes or pyramid/chain letters;

(v) Making fraudulent offers of products, items or services originating from your account.

E.             Usenet, Chat

All AWUR.Net Users agree to comply with the guidelines and restrictions of each new or chat group unconditionally as incorporated herein by reference. Without limitation of the foregoing, the following activities are prohibited:        

(i)    Engaging in excessive cross-posting or multi-posting (“spamming”)

(ii)   Making any posting for commercial purposes (including without limitation the posting to specific URL’s for commercial purposes), except where such postings are expressly

(iii)   Canceling of newsgroup postings other than their own, or using auto-responders or cancel-bots (or similar automated or manual routines) which generate excessive network traffic or disrupt Usenet newsgroup/e-mail use by others (except in cases of official newsgroup moderators performing their duties);

(iv)    Disrupting newsgroups and or discussion groups with materials, postings or activities that are frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroups name, FAQ or charter.

F.            Remedial Action

Responsibility for avoiding the harmful activities as described herein rests primarily with the User. When AWUR.Net learns of possible inappropriate use, it may take any of a variety of actions, including but not limited to, removing information that violates its policies, and /or restricting or terminating access to the AWUR.Net network without notice.

How to Report Abuse

If you become aware of inappropriate use, direct the information to abuse@anywhereur.net who will evaluate all information before taking any action and upon evaluation may take any appropriate action, including but not limited to:

(i)   Issuing verbal or written warnings;

(ii) Suspending newsgroup posting privileges;

(iii) Suspending the User account; and

(iv) Terminating the User account;

G.            Customer Use

Customer only has the rights of use as outlined the associated product agreement.

H.            Limitation of liability

AWUR,NET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE USER.  AWUR.NET SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES OF USER, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN AWUR.NET AND CUSTOMER.  AWUR.NET MAKES NO WARRANTIES OR REPRESENTATIVES HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE AWUR.NET NETWORK AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE. THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

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