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| Acceptable Use Policy |
| Overview |
| Datalex has published this Acceptable Use Policy to help ensure
that the Services provided to our customers are of the highest quality, and to help
protect the privacy and security of our customers, systems, and networks, while also
encouraging responsible use, including compliance with applicable laws. This Policy
also describes areas of use of Datalex Services which are prohibited. Datalex may in
its sole discretion determine whether a use of Datalex Service is a violation of this
Policy. Datalex in no way intends to monitor, control, or censor communications on
the Datalex network, however, when we have knowledge of a violation of this Policy,
we reserve the right to take such action as is necessary to address the violation,
as referenced below.
This Policy applies to all Customers of Datalex. The Policy also applies Customers'
clients and/or end users that utilize the Services through Customers. In the event of
any conflict between a Customer Agreement and the Policy, the Agreement will govern. |
| Prohibited Uses |
| The following are prohibited uses of Datalex Services under
this Policy. These descriptions are guidelines and are not intended to be comprehensive
in nature. |
| Illegal/Criminal Activity |
| Datalex Services may not be used in connection with any criminal
or civil violations of state, federal, or international laws, regulations, or other
government requirements. Such violations include, but are not limited to, theft or
infringement of copyrights, trademarks, trade secrets, or intellectual property of any
type; fraud; forgery; theft or misappropriation of funds, credit cards, or personal
information; and threats of physical harm or harassment. |
| Security Violations |
| Datalex Services may not be used in connection with any attempt
to violate the security of any network, service, or other system, including, but not
limited to, hacking, cracking into, monitoring, or using systems or networks without
authorization; scanning ports; conducting denial of service attacks; and distributing
viruses or other harmful software. Datalex customers are responsible for maintaining the
basic security of their systems to prevent use of their system in a manner which may result
in a violation of this Policy, such as properly securing mail servers to prevent
distribution of Spam (as defined below), and properly securing FTP server to prevent
illegal distribution of licensed software. Customers also are responsible for implementing
preventive or remedial actions on vulnerable or exploited systems to prevent continued abuse. |
| Threats |
| Datalex Services may not be used to transmit materials of a
threatening nature, including threats of death or physical harm, harassment, libel,
and defamation. |
| Offensive Materials |
| Datalex Services may not be used for the distribution of
offensive materials, including obscene, pornographic, indecent, and hateful materials. |
| Spam |
| Spam is an unacceptable use of Datalex Services.
Spam includes, but is not limited to, any of the following activities: |
- Posting a single message or messages similar in content, to more than five online forums or newsgroups.
- Posting messages to online forums or newsgroups that violate the rules of the
forums or newsgroups.
- Collecting the responses from unsolicited email.
- Sending any unsolicited email that could be expected, in Datalex's discretion,
to provoke complaints.
- Sending email with charity requests, petitions for signatures, or any chain mail
related materials.
- Sending unsolicited email without identifying in the email a clear and easy means
to be excluded from receiving additional email from the originator of the email.
- Sending email that does not accurately identify the sender, the sender's return
address, and the email address of origin.
- Using Datalex facilities to violate a Common Carrier's or another Internet Service
Provider's acceptable use policy and/or terms of service.
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| Indirect Access |
| A violation of this Policy by someone having only indirect
access to Datalex Services through a Customer or other user will be considered a
violation by the Customer or other user, whether or not with the knowledge or consent
of the Customer or other user. In addition, this Policy applies to any email or content
transmitted by you or on your behalf using a Datalex account as a mailbox for responses
or promoting content hosted or transmitted using Datalex facilities, or indicating in any
way that Datalex was involved in the transmission of such email or content.
The resale of Datalex products and Services is not permitted, unless expressly
permitted in a written agreement with Datalex. |
| Consequences |
| Violations of this Policy may result in a demand for immediate
removal of offending material, immediate temporary or permanent filtering, blocked access,
suspension or termination of the Services, or other action appropriate to the violation,
as determined by Datalex in its sole discretion. When feasible, it is Datalex's preference
to give notice so that violations may be addressed voluntarily; however, Datalex reserves
the right to act without notice when necessary, as determined by Datalex in its sole
discretion. Datalex may involve, and will cooperate with, law enforcement if criminal
activity is suspected. Violators may also be subject to civil or criminal liability under
applicable law. Refunds or credits are not issued in connection with actions taken for
violations of this Policy. |
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