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Ipagio.com Acceptable Use Policies (AUP)
Ipagio.com may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the Ipagio.com web site at: http://www.Ipagio.com/legal.html
Customers should consult this document regularly to ensure that their activities conform to the most recent version. Questions regarding this Policy can be directed to trace@Ipagio.com.
Introduction
Ipagio.com provides a variety of Internet services tailored to meet the needs of the financial community, and businesses. (The "Services").
The Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet, which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience.
Use of the Services is subject to the following rules and guidelines.
Each customer of Ipagio.com is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY CLIENT WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE CUSTOMER SERVICE DEPARTMENT OF IPAGIO.COM SO THAT THE CLIENT'S ACCOUNT MAY BE CLOSED.
ListCenter
ListCenter monthly subscribers are limited to 10,000 emails per month unless otherwise agreed upon by Ipagio.
Illegal Activity
The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:
Posting or disseminating material which is unlawful (such as child pornography or obscene material).
Disseminating material, which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
Pyramid or other illegal soliciting schemes. Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
Security
You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services.
The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited.
You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. Ipagio.com recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.
Inappropriate Content
There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or offensive, particularly for children. Neither Ipagio.com nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service, and neither Ipagio.com nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.
You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Ipagio.com and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Neither Ipagio.com nor any of its distribution affiliates has any obligation to monitor transmissions made on the Service. However, Ipagio.com and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with your customer agreement.
By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Policy and authorizes Ipagio.com and its distribution affiliates to reproduce, publish, distribute, and display such content worldwide.
Electronic Mail
The Services may not be used to send unsolicited bulk or commercial messages, and is banned by the vast majority of Internet service providers worldwide which Ipagio.com is held accountable. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have explicitly requested it.
The Services may not be used to collect responses from unsolicited e-mail (SPAM) sent from accounts on other Internet hosts or e-mail services which violate this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail may not direct the recipient to any web site or other resource that uses the Services.
Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk e-mailers. In this case, your true address must remain obvious to any human viewer.
You may not reference Ipagio.com (e.g. by including "Organization: Ipagio.com" in the header or by listing an IP address that belongs to the Ipagio.com) in any unsolicited e-mail even if that e-mail is not sent through Ipagio.com
"Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
Ipagio.com is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.
Any client found to be using Myers services for spam will be immediately terminated and all Myers services and products will be disabled. If you know of or suspect any violators, please notify us immediately at trace@Ipagio.com.
USENET Newsgroups
Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.
Posting or cross-posting the same or substantially similar messages to more than 9 newsgroups is prohibited. Our news software will automatically cancel any messages posted to nine or more newsgroups.
Binary files may not be posted to newsgroups not specifically named for that purpose.
Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.
Messages may not be canceled, except by the author or by official newsgroup moderators performing their duties.
Bandwidth, Data Storage and Other Limitations
You must comply with the then current bandwidth, data storage and other limitations on the Services.
Users must ensure that their activity does not improperly restrict or inhibit any other user's normal use of the Services.
Ipagio.com customers may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Ipagio.com For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed.
Violation of Acceptable Use Policy
Ipagio.com does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services.
Ipagio.com prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which Ipagio.com or its distribution affiliates, in their sole discretion, believe violate this Policy, Ipagio.com or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Neither Ipagio.com nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not Ipagio.com's exclusive remedies and Ipagio.com may take any other legal or technical action it deems appropriate.
Ipagio.com reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Ipagio.com's servers and network. During an investigation, Ipagio.com may suspend the account or accounts involved and/or remove material that potentially violates this Policy.
You hereby authorize Ipagio.com and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Ipagio.com providing the username, IP address, or other identifying information about a subscriber.
Upon termination of an account, Ipagio.com is authorized to delete any files, programs, data and e-mail messages associated with such account.
The failure of Ipagio.com or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of California.
