Scope. This Acceptable Use Policy (this "Policy") governs the usage of EasyLink Services International Corporation’s and its wholly owned subsidiaries (the “Company”) products and services made available via an Internet connection (the "Services"). This Policy is incorporated by reference into each contract which Company enters into with a customer (each, a "Customer") for access and use of such Services. Company may modify this Policy at any time without notice by posting it on its web site located at www.EasyLink.com (“Company Web Site”) or otherwise making the updated Policy available via the Services. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Company's Web site so that each person who utilizes Company's Web Site or utilizes the Services must comply with this Policy. Each Customer and user is encouraged to review this Policy often for changes or new information.
Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect Company's Customers and users of the Company Web Site from use of the Services or Company systems in connection with illegal, irresponsible, unethical 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 Company or who otherwise access the Company’s website (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Each Customer is responsible for compliance by its Users with this Policy and will be responsible for the actions of any party that acts on behalf of, or for the benefit of, and User or third party that accesses the Services through a Customer computer or using Customer login and password information, whether authorized or unauthorized.
Prohibited Uses. Users may not:
Use the Services to transmit or upload any material that contains software or other material protected by intellectual property rights (including but not limited to copyright, trademark and patent rights), rights of privacy or publicity or any other applicable law unless user owns or controls the rights thereto or has received all necessary consents;
Use the Services to promote illegal activities or for illegal purposes, or otherwise using the Services to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, including, without limitation, laws regarding the transmission of technical data or software exported from the United States;
Interfere with or disrupt the Services, networks or servers connected to the Services, violate the regulations, policies or procedures of such networks or servers, or otherwise interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services, including, without limitation "denial of service" attacks against another network host or individual user;
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
Resell the Services unless under an authorized EasyLink Reseller Agreement;
Use the Services to transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Use the Service to harvest or otherwise collect personal information about others, including without limitation email addresses and email interception, without their consent;
Create or attempting to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or forge message headers or manipulate identifiers to disguise origin of transmission;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of User's use of the Service as permitted under the applicable Customer contract;
Use the Services in connection with surveys, contests, pyramid schemes;
Use the Services to defame (including without limitation libel and slander), abuse, harass, stalk, embarrass, threaten or otherwise violate the legal rights (such as but not limited to rights of privacy and publicity) of others;
Use the Services to publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, adult oriented, pornographic, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
Use the Services to harm or attempt to harm minors in any way; or
Engage in improper use or distribution of email, including, without limitation, sending unsolicited mass or commercial email for any purpose whatsoever, having third parties send out commercial emails on any user's behalf, or using the Services or facilities to receive replies from unsolicited emails.
Violations
Disclaimer. Company expressly disclaims any obligation to monitor its Customers and users with respect to violations of this Policy. Company 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 or any content posted or transmitted through use of the Services. Customer and each of its Users must report any violations of this Policy to the Company at the following address: EasyLink Services International Corporation, 6025 The Corners Parkway, Suite 100, Norcross, Georgia 30092 ATTN: Legal Department.
Reporting Copyright Violations. Company respects the intellectual property of others and requires its Customers and users to do the same. If you believe any work has been copied in a way that constitutes copyright infringement, report such violation to the Company at the following address: EasyLink Services International Corporation, 6025 The Corners Parkway, Suite 100, Norcross, Georgia 30092 ATTN: Legal Department. All such notices should include the following information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work claimed to be infringed;
A description of where the alleged infringing material is located on the site;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company reserves the right to suspend or terminate any Customer or User pursuant to any notice Company deems valid or as otherwise required by law. Furthermore, Company, in its sole discretion may suspend or terminate, without notice, any user that Company determines is a repeat copyright infringer.
Remedies. If Company learns of a violation of this Policy, Company will respond to the applicable Customer or user and may, in Company's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation: i. Warn the Customer or user; ii. Suspend the offending Customer or user from the Services; iii. Terminate the offending Customer from the Services; iv. Impose fees or charges on the offending Customer account in accordance with the applicable service contract; v. Remove the offending content or service; and vi. Take other action in accordance with this Policy, the applicable contract or applicable law.
Reservation of Rights. Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company's Services, Customers and other users. Company 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. Company 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 Company is authorized to monitor its communications through Company's network for such purposes.
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