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As a provider of Internet access, web site hosting,
and other Internet-related services, Lazerlink Internet
Services(Lazerlink) offers its customers (also known as subscribers),
and their customers and users, the means to acquire
and disseminate a wealth of public, private, commercial,
and non-commercial information. Lazerlink Internet Services
respects that the Internet provides a forum for free
and open discussion and dissemination of information,
however, when there are competing interests at issue,
Lazerlink Internet Services reserves the right to take
certain preventative or corrective actions. In order
to protect these competing interests, Lazerlink Internet
Services has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each
customer's respective service agreement and is intended
as a guide to the customer's rights and obligations
when utilizing Lazerlink's services. This AUP will be
revised from time to time. A customer's use of Lazerlink's
services after changes to the AUP are posted on Lazerlink's
web site, www.lazerlink.com, will constitute the customer's
acceptance of any new or additional terms of the AUP
that result from those changes.
One important aspect of the Internet is that no one
party owns or controls it. This fact accounts for much
of the Internet's openness and value, but it also places
a high premium on the judgment and responsibility of
those who use the Internet, both in the information
they acquire and in the information they disseminate
to others. When subscribers obtain information through
the Internet, they must keep in mind that Lazerlink
Internet Services cannot monitor, verify, warrant, or
vouch for the accuracy and quality of the information
that subscribers may acquire. For this reason, the subscriber
must exercise his or her best judgment in relying on
information obtained from the Internet, and also should
be aware that some material posted to the Internet is
sexually explicit or otherwise offensive. Because Lazerlink
Internet Services cannot monitor or censor the Internet,
and will not attempt to do so, Lazerlink Internet Services
cannot accept any responsibility for injury to its subscribers
that results from inaccurate, unsuitable, offensive,
or illegal Internet communications.
When subscribers disseminate information through the
Internet, they also must keep in mind that Lazerlink
Internet Services does not review, edit, censor, or
take responsibility for any information its subscribers
may create. When users place information on the Internet,
they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech.
Also, because the information they create is carried
over Lazerlink's network and may reach a large number
of people, including both subscribers and nonsubscribers
of Lazerlink Internet Services, subscribers' postings
to the Internet may affect other subscribers and may
harm Lazerlink's goodwill, business reputation, and
operations. For these reasons, subscribers violate Lazerlink
Internet Services policy and the service agreement when
they, their customers, affiliates, or subsidiaries engage
in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or
commercial messages over the Internet (known as "spamming").
It is not only harmful because of its negative impact
on consumer attitudes toward Lazerlink Internet Services,
but also because it can overload Lazerlink's network
and disrupt service to Lazerlink Internet Services
subscribers. Also, maintaining an open SMTP relay
is prohibited. When a complaint is received, Lazerlink
Internet Services has the discretion to determine
from all of the evidence whether the email recipients
were from an "opt-in" email list.
Intellectual Property Violations -- Engaging
in any activity that infringes or misappropriates
the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in
activity that violates privacy, publicity, or other
personal rights of others. Lazerlink Internet Services
is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright
infringement. It is also Lazerlink's policy to terminate
the privileges of customers who commit repeat violations
of copyright laws.
Obscene Speech or Materials -- Using Lazerlink's
network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene
speech or material. Lazerlink Internet Services is
required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography
on or being transmitted through Lazerlink's network.
Defamatory or Abusive Language -- Using Lazerlink's
network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting
message headers, whether in whole or in part, to mask
the originator of the message.
Illegal or Unauthorized Access to Other Computers
or Networks -- Accessing illegally or without
authorization computers, accounts, or networks belonging
to another party, or attempting to penetrate security
measures of another individual's system (often known
as "hacking"). Also, any activity that might be used
as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information
gathering activity).
Distribution of Internet Viruses, Worms, Trojan
Horses, or Other Destructive Activities -- Distributing
information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities
that disrupt the use of or interfere with the ability
of others to effectively use the network or any connected
network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising,
transmitting, or otherwise making available any software,
program, product, or service that is designed to violate
this AUP, which includes the facilitation of the means
to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption
software over the Internet or otherwise, to points
outside the United States.
Usenet Groups -- Lazerlink Internet Services
reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of
the newsgroup violates the AUP.
Other Activities -- Engaging in activities,
whether lawful or unlawful, that Lazerlink Internet
Services determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily
with the subscriber. Lazerlink Internet Services will
not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with Lazerlink
Internet Services policy or applicable law. When Lazerlink
Internet Services becomes aware of harmful activities,
however, it may take any action to stop the harmful
activity, including but not limited to, removing information,
shutting down a web site, implementing screening software
designed to block offending transmissions, denying access
to the Internet, or take any other action it deems appropriate.
Lazerlink Internet Services also is aware that many
of its subscribers are, themselves, providers of Internet
services, and that information reaching Lazerlink's
facilities from those subscribers may have originated
from a customer of the subscriber or from another third-party.
Lazerlink Internet Services does not require its subscribers
who offer Internet services to monitor or censor transmissions
or web sites created by customers of its subscribers.
Lazerlink Internet Services has the right to directly
take action against a customer of a subscriber. Also,
Lazerlink Internet Services may take action against
the Lazerlink Internet Services subscriber because of
activities of a customer of the subscriber, even though
the action may effect other customers of the subscriber.
Similarly, Lazerlink Internet Services anticipates that
subscribers who offer Internet services will cooperate
with Lazerlink Internet Services in any corrective or
preventive action that Lazerlink Internet Services deems
necessary. Failure to cooperate with such corrective
or preventive measures is a violation of Lazerlink Internet
Services policy.
Lazerlink Internet Services also is concerned with
the privacy of on-line communications and web sites.
In general, the Internet is neither more nor less secure
than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence,
however, Lazerlink Internet Services urges its subscribers
to assume that all of their on-line communications are
insecure. Lazerlink Internet Services cannot take any
responsibility for the security of information transmitted
over Lazerlink's facilities.
Lazerlink Internet Services will not intentionally
monitor private electronic mail messages sent or received
by its subscribers unless required to do so by law,
governmental authority, or when public safety is at
stake. Lazerlink Internet Services may, however, monitor
its service electronically to determine that its facilities
are operating satisfactorily. Also, Lazerlink Internet
Services may disclose information, including but not
limited to, information concerning a subscriber, a transmission
made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request,
warrant, statute, regulation, or governmental request.
Lazerlink Internet Services assumes no obligation to
inform the subscriber that subscriber information has
been provided and in some cases may be prohibited by
law from giving such notice. Finally, Lazerlink Internet
Services may disclose subscriber information or information
transmitted over its network where necessary to protect
Lazerlink Internet Services and others from harm, or
where such disclosure is necessary to the proper operation
of the system.
Lazerlink Internet Services expects that its subscribers
who provide Internet services to others will comply
fully with all applicable laws concerning the privacy
of on-line communications. A subscriber's failure to
comply with those laws will violate Lazerlink Internet
Services policy. Finally, Lazerlink Internet Services
wishes to emphasize that in signing the service agreement,
subscribers indemnify Lazerlink Internet Services for
any violation of the service agreement, law, or Lazerlink
Internet Services policy, that results in loss to Lazerlink
Internet Services or the bringing of any claim against
Lazerlink Internet Services by any third-party. This
means that if Lazerlink Internet Services is sued because
of a subscriber's or customer of a subscriber's activity,
the subscriber will pay any damages awarded against
Lazerlink Internet Services, plus costs and reasonable
attorneys' fees.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including Lazerlink Internet Services
and its subscribers, as responsible members of the Internet.
Any complaints about a subscriber's violation of this
AUP should be sent to [email protected].
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