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Inyo Networks, Inc. Dba Onward (“Onward”), has adopted the following policy to govern its customers (herein “Customer” or “Customers”) use and access to the Internet (“Acceptable Use Policy”). Capitalized terms not defined herein shall have the meaning as defined in the Terms or Service Agreement.
Please read this Acceptable Use Policy (“AUP”) carefully, prior to signing any Service Agreement(s), as Customer’s access and use of the Internet is conditioned upon its acceptance of these terms which attached to and become a part of the Service Agreement(s) executed between Onward and Customer.
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Use of Services: To the extent any Service is used for access to the Internet, Customer agrees to be bound by and conform to this AUP. In the event of Customer’s breach of this AUP, in addition to all other remedies available to Onward hereunder, at law or in equity, or under any applicable tariff, Onward may suspend or terminate the provision of Service to Customer. Suspension of any Service due to Customer’s breach of this AUP shall not in any way abrogate Customer’s obligations under the Terms or the Service Agreement. The Internet is still evolving as are the laws governing such use, therefore, Onward may, from time to time, amend its AUP upon thirty (30) days’ written notice to Customer. Access to the Internet after the thirty (30) day notice period shall be deemed consent to the changed terms of this AUP. In the event a change to this AUP occurs, Customer shall have thirty (30) days to terminate the affected Services by written notice to Onward, without further obligation or Early Termination Charge, other than payment for the Services used until the date of termination. Such termination shall be effective thirty (30) days after Onward’s receipt of the termination notice. Failure to timely give written notice of termination shall be deemed consent to the changed AUP.
End-User(s): In the event Customer resells any Service, it is solely responsible for ensuring such users also adhere to the terms of this AUP. Customer shall draft an acceptable use policy, to be accepted by each of its customers prior to use of the Service which encompasses, at a minimum, the requirements set forth herein.
Fraudulent Use of Services: Customer is responsible for all charges attributable to Customer incurred respecting Service, even if incurred as the result of fraudulent or unauthorized use of Service by a representative, employee, contractor, agent or end-user of the Customer or by any third party. Service is available for lawful use only. Notwithstanding any other provision hereof, Onward may discontinue Service in the event that it determines, in its sole reasonable discretion, that Service is being used for any fraudulent, unauthorized, abusive, irresponsible behavior or unlawful purpose, including, but not limited to:
Collecting or using e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
Use of the Service which violates any of Onward’s Internet services providers;
Distributing information regarding the creation of or sending Internet viruses, worms, Trojan Horses and other destructive activities;
Use which interferes with any other person or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Advertising, transmitting or otherwise making available any software program, product or service whose function violates this AUP or the CAN-SPAM Act of 2003, including but not limited to, facilitating the sending of unsolicited commercial e-mail (also known as SPAM);
Use of any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting;
Illegal or 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;
Collecting or using material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization;
Use of the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
Collecting or using material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws;
Any conduct that is likely to result in any server owned and/or maintained by Onward’s being the target of a denial of service (DoS) attack; or
Use any Service or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law.
Contents of Communications: Onward shall have no liability or responsibility for the content of any communications transmitted via any Service, or for Customer’s use thereof. To the extent any Service is used for access to the Internet, Onward provides Customer only with access to its backbone network that serves as a transmission conduit through which Customer may connect its data servers to the Internet. Onward does not operate, process or control the information, services, opinions or other content of the Customer’s data servers or the information, services, opinions or other content of the Internet; nor does Onward engage in any protocol or information processing or conversion in connection therewith. Customer acknowledges that Onward is acting as a bandwidth intermediary providing transport to multiple Internet access providers. Should any Internet access provider elect to block Customer’s address space or access to the Intranet, such dispute does not constitute a breach by Onward of its obligations under this AUP and the resolution of such disputes is the sole and exclusive responsibility of Customer.
INDEMNIFICATION: CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD ONWARD HARMLESS FROM ANY AND ALL CLAIMS (INCLUDING CLAIMS BY GOVERNMENTAL ENTITIES SEEKING TO IMPOSE PENAL SANCTIONS) RELATED TO SUCH CONTENT OR FOR CLAIMS BY THIRD PARTIES RELATING TO CUSTOMER’S USE OF SERVICE. CUSTOMER AGREES THAT IT SHALL MAKE NO CLAIM WHATSOEVER AGAINST ONWARD RELATING TO, A) THE CONTENT OF THE INTERNET, OR B) RESPECTING ANY INFORMATION, PRODUCT, SERVICE OR SOFTWARE ORDERED THROUGH OR PROVIDED BY VIRTUE OF THE INTERNET, OR C) THE BLOCKING OF CUSTOMER’S ADDRESS SPACE OR CUSTOMER’S ACCESS TO THE INTERNET.
Offensive Material: Customer agrees to adhere to and to condition the purchase of its services requiring those purchasers to agree that use of Customer’s services to transmit obscene or offensive materials or to harass others is prohibited by federal law, may subject users to civil and/or criminal liability, and is punishable by fines and imprisonment. Customer shall notify users of a mechanism by which user can report violations of any law, including obscenity and child pornography laws. Customer shall also notify users that any violation of any law may result in the immediate termination of its services.
DISCLAIMER: ONWARD IS UNDER NO DUTY, AND DOES NOT BY THIS AUP UNDERTAKE A DUTY, TO MONITOR OR POLICE ITS CUSTOMERS OR CUSTOMERS’ ACTIVITIES, AND DISCLAIM ANY RESPONSIBILITY FOR ANY MISUSE OF, BY SUCH CUSTOMER OR ITS END-USERS.
