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GarageISP LLC
Acceptable Use Policy
(Version 1.0 – Drafted March 10, 2006)
1. Scope.
This Acceptable Use Policy (this "Policy") governs the usage of
GarageISP LLC's products and services (the "Services"). This Policy
is incorporated by reference into each contract GarageISP LLC enters into with
a customer (each, a "Customer") for the use of such Services.
GarageISP LLC may modify this Policy at any time without notice. In addition,
this Policy is incorporated by reference into the Terms and Conditions applicable
to GarageISP LLC's Web site so that no person who utilizes GarageISP LLC's Web
site (regardless of whether that person is a Customer) may take any action
utilizing GarageISP LLC's Web site that a Customer would be prohibited to take
utilizing the Services.
2. Purpose.
The purpose of this Policy is to enhance the quality of the Services and to
protect GarageISP LLC's customers, and the Internet community as a whole, from
illegal, irresponsible, or disruptive Internet activities. This Policy applies
to each Customer and its employees, agents, contractors or other users of such
Customer who obtain Services from GarageISP LLC (each such person being a
"User"). Each User should use common sense and good judgment in
connection with the Services. Parents or guardians should always supervise
minors in using the Internet. Parents and guardians should remain aware at all
times of what is on the Internet and how the minors under their care are using
the Services and the Internet.
3. Prohibited
Uses. Users may not:
a) Utilize
the Services to send mass unsolicited e-mail to third parties.
Provided, however, that Users may use software programs or services provided by
GarageISP LLC to send unsolicited commercial e-mail so long as the User ensures
that such transmissions comply with all applicable regulations, rules and laws,
including, without limitation, the U.S. CAN-SPAM Act of 2003
b) Utilize
the Services in connection with any illegal activity.
Without limiting the general application of this rule, Users may not:
i.
Utilize the Services to copy material
from third parties (including text, graphics, music, videos or other
copyrightable material) without proper authorization;
ii. Utilize
the Services to misappropriate or infringe the patents, copyrights, trademarks
or other intellectual property rights of any third party;
iii. Utilize
the Services to traffic in illegal drugs, illegal gambling, or other any
products or services that are prohibited under applicable law;
iv. Utilize
the Services to export encryption software to points outside the
v. Utilize
the Services in any manner that violates applicable law.
c) Utilize
the Services in connection with any tortious or
actionable activity. Without limiting the general
application of this rule, Users may not:
i.
Utilize the Services to publish or
disseminate information that (A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of a person without that
person’s consent or (C) otherwise violates the privacy rights of any person.
ii. Utilize
the Services to threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or services that
are illegal under applicable law.
d) Utilize
the Services in connection with any other disruptive or abusive activity.
Without limiting the general application of this rule, Users may not:
i.
Utilize the Services to cause denial of
service attacks against GarageISP LLC or other network hosts or Internet users
or to otherwise degrade or impair the operation of GarageISP LLC’s servers and
facilities or the servers and facilities of other network hosts or Internet
users;
ii. Post
messages or software programs that consume excessive CPU time or storage space;
iii. Utilize
the Services to offer mail services, mail forwarding capabilities, POP accounts
or autoresponders other than for the User’s own
account;
iv. Utilize
the Services to resell access to CGI scripts installed on GarageISP LLC’s
servers;
v. Utilize
the Services to subvert, or assist others in subverting, the security or
integrity of any GarageISP LLC systems, facilities or equipment;
vi. Utilize
the Services to gain unauthorized access to the computer networks of GarageISP
LLC or any other person;
vii. Utilize
the Services to provide passwords or access codes to persons not authorized to
receive such materials by the operator of the system requiring the password or
access code;
viii.
Utilize the Services to (A) forge the
signature or other identifying mark or code of any other person, (B) impersonate
or assume the identity or any other person, or (C) engage in any other activity
(including "spoofing") to attempt to deceive or mislead other persons
regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
ix. Utilize
the Services to distribute or post any virus, worm, Trojan horse, or computer
code intended to disrupt services, destroy data, destroy or damage equipment,
or disrupt the operation of the Services;
x. Utilize
the Services to conduct port scans or other invasive procedures against any
server (except any server for which the User is an authorized system
administrator);
xi. Utilize
the Services to distribute, advertise or promote software or services that have
the primary purpose of encouraging or facilitating unsolicited commercial
e-mail or spam;
xii. Utilize
the Services to solicit or collect, or distribute, advertise or promote, e-mail
address lists for the purpose of encouraging or facilitating unsolicited
commercial e-mail or spam;
xiii.
Utilize the Services in any manner that
might subject GarageISP LLC to unfavorable regulatory action, subject GarageISP
LLC to any liability for any reason, or adversely affect GarageISP LLC’s public
image, reputation or goodwill, including, without limitation, sending or
distributing hateful, vulgar, racially, ethnically or otherwise objectionable
materials as determined by GarageISP LLC in its sole discretion; or
xiv.
Utilize the Services in any other
manner to interrupt or interfere with the Internet usage of other persons.
4. Violations
a) Disclaimer.
GarageISP LLC expressly disclaims any obligation to monitor
its Customers and other Users with respect to violations of this Policy.
GarageISP LLC has no liability or responsibility for the actions of any of its
Customers or other Users or any content any User may post on any Web site.
b) Reporting
Non-Copyright Violations. GarageISP LLC
encourages Users to report violations of this policy by e-mail to: abuse@garageisp.com,
including in any such report the name of the offending domain (for
example, xyz.com) and the type of abuse (for example, spam, illegal acts,
harassment, etc.) in the "subject" field of the e-mail.
c) Reporting
Copyright Violations. GarageISP LLC complies with the
Digital Millennium Copyright Act ("DMCA"). GarageISP LLC encourages
Users to report an alleged copyright infringement involving a user by sending a
notice that complies with the DMCA to:
DMCA Notices
GarageISP LLC
GarageISP LLC
reserves the right to suspend or terminate any customer pursuant to any valid
DMCA complaint. Furthermore, GarageISP LLC, in its sole discretion, may suspend
or terminate without notice, any User that GarageISP LLC determines is a repeat
copyright infringer.
d) Remedies.
If GarageISP LLC learns of a violation of this Policy, GarageISP LLC will
respond to the applicable Customer and may, in GarageISP LLC’s sole discretion,
take any of the following actions, in accordance with the severity and duration
of the violation:
i.
Warning the Customer;
ii. Suspending
the offending Customer from the Services;
iii. Terminating
the offending Customer from the Services;
iv. Imposing
fees or charges on the offending Customer account in accordance with the
applicable service contract;
v. Removing
the offending content; and
vi. Taking
other action in accordance with this Policy, the applicable service contract or
applicable law.
5. Reservation
of Rights. GarageISP LLC reserves the right to cooperate with
appropriate legal authorities in investigations of claims of illegal activity
involving GarageISP LLC's Services, Customers and other Users. GarageISP LLC
reserves all other rights to respond to violations of this Policy to the extent
of applicable law and in accordance with any applicable contractual
obligations. GarageISP LLC may utilize technical means to monitor
communications into, and out of, its network facilities to prevent the
introduction of viruses or other hostile code, to prevent intrusions and
otherwise to enforce this Policy and each Customer agrees that GarageISP LLC is
authorized to monitor its communications through GarageISP LLC's network for
such purposes.
Copyright © 2006 GarageISP LLC, All Rights Reserved