AGR Marketing Solutions, LLC - Acceptable Use Policy
A. General
AGR Marketing Solutions, LLC and its affiliates ("AGR") provide to
business users a variety of information technology related products and
services, including such service as various electronic mail (email)
packages and services, world wide web and image hosting arrangements,
voice and other data, online, internet-related and telecommunications
services (each, a "Service" and collectively the "Services").
This
document defines the Acceptable Use of the Services with a view of
ensuring the integrity, security, reliability and privacy of the AGR
Marketing Solutions network, systems, products, services, server
hosting facilities and data contained therein (collectively, the "AGR
Network").
AGR's Customers are
solely responsible for the content and messages that they post,
distribute or otherwise make available using AGR Network and Services.
For the purposes of this policy, a Customer is defined as any party who
purchases a Service from AGR.
B. Prohibited Activities
It is contrary to AGR policy for any of its Customers or other Service
user to effect or participate in any of the activities listed below
(whether actual or attempted and whether directly or indirectly)
through a Service.
Each
of the below practices (each, a "Prohibited Activity") constitutes
abuse of AGR Services, Network and facilities and interferes with other
Service users. Accordingly, these practices are prohibited.
Posting
or sending messages, articles, or other content to a List which are
off-topic according to the charter or other owner-published FAQs or
descriptions of the List;
Sending unsolicited commercial messages or communications in any form ("SPAM");
Falsifying
user or other Service related information, including, but not limited
to, intentionally omitting, deleting, forging or misrepresenting
transmission information, including headers, return mailing and
Internet protocol addresses, provided to AGR or to other Service users
or engaging in any activities or actions intended to withhold or cloak
Customer's or its End Users identity or contact information;
Engaging in any other activity that:
- violates
a law or regulation (including, but not limited to, libel, slander,
invasion of privacy, harassment, obscenity, child pornography, export
laws and regulations, and infringement or misappropriation of another
party's copyrights, trademarks, patents, trade secrets or other
intellectual property rights);
- threatens
the integrity and/or security of any network or computer system
(including, but not limited to, transmission of worms, viruses and
other malicious codes and accessing any device or data without proper
authorization);
- attempts to use the
Service in such a manner so as to avoid incurring charges for or
otherwise being required to pay for such usage;
- otherwise degrades or interferes with other users' use of a Service;
- breaches
a third party non-disclosure agreement or obligation, or violates
generally accepted standards of Internet or other networks conduct and
usage, including, but not limited to, denial of service attacks, web
page defacement, port and network scanning, and unauthorized system
penetrations.
Engaging
in any of the activities listed above by using another provider's
service, but channeling the activity through a AGR account, remailer,
or otherwise through a Service.
ANY
INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A
CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED
VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END
USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH CUSTOMER OR
CUSTOMER'S END USER.
C. Rights and Remedies
AGR may suspend and/or terminate a Customer's Service at any time for
any material failure of Customer, its representatives or its users to
comply with this policy or for engaging (or permitting others to
engage) in a Prohibited Activity (as determined by AGR, in its
reasonable discretion).
AGR
reserves the right to, where feasible, implement technical mechanisms
to prevent a Prohibited Activity. In addition, AGR reserves the right
to charge the Customer to cover administrative costs associated with
the Prohibited Activities of the Customer including, but not limited
to, recovery of the costs of identifying offenders and removing them
from or discontinuing providing them Service, in an amount (i) equal to
AGR actual expenses incurred in preventing or responding to such
activity, or (ii) up to US$ 500, whichever is greater.
For
complaints of SPAM only: In addition to any applicable charges
described above, AGR reserves the right to charge the Customer the
amount set forth under applicable law or if no amount is specified
US$10.00 per spam e-mail, such messages being not only annoying to
internet users, but also seriously affecting the efficiency and
cost-effectiveness of the Network (they increase AGR costs by clogging
the Network, rendering web-sites inaccessible and potentially leading
to down time of Customers' mission-critical Internet applications).
Nothing
in this Acceptable Use Policy limits AGR rights and remedies (available
at law or in equity) in any way with respect to any Prohibited Activity.
D. Password Protection
Users are responsible for protecting their password and for any
authorized or unauthorized use made of their password. You will not use
or permit anyone to use AGR Service to guess passwords or access other
systems or networks without written authorization. In the event a
network or network device becomes compromised, AGR will assist in the
tracking and/or expulsion of said offender on the network level to the
extent AGR finds reasonable, at its sole and absolute discretion.
E. Modification of This Policy
AGR reserves the right to change this policy from time to time.
