Acceptable Use Policy
Copyright © 1999 - 2008 nexSIP.com, Inc.
Note: nexSIP.com reserves the right to make changes to this Acceptable Use Policy from time to time at its sole discretion. Customer is solely responsible for complying with the terms of any such modified Acceptable Use Policy.
This Acceptable Use Policy ("Policy") describes actions by Users that are prohibited by nexSIP.com. "Users" means any user of the Internet related services ("Services") that are provided by nexSIP.com pursuant to the Customer Agreement (which Users must accept as a condition to receiving any Services from nexSIP.com). User acknowledges and agrees that this policy may be revised from time to time by nexSIP.com at its discretion, with any such modifications effective when the revised Policy is posted to http://www.nexSIP.com. nexSIP.com may in its sole discretion determine whether a User is in violation of this Policy. As specified below, nexSIP.com believes that illegal usage, abusive usage and/or use of the Services to interfere with other Users' enjoyment of the Services is unacceptable.
Illegal Use Prohibited
The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitation, effecting or participating in any of the following activities via the Services provided by nexSIP.com:
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(i)
storing, posting or transmitting
unlawful materials, e-mail or
information; |
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(ii) storing, posting or
transmitting harassing, threatening
or abusive materials, e-mail or
information; |
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(iii) storing, posting or
transmitting defamatory, libelous,
slanderous or scandalous materials,
email or information; |
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(iv) storing, posting or
transmitting obscene, pornographic,
profane or otherwise objectionable
information of any kind; |
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(v)
storing, posting or transmitting
materials, e-mail or information
that would constitute an
infringement upon the patents,
copyrights, trademarks, trade
secrets or other intellectual
property rights of others; |
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(vi) storing, posting or
transmitting materials constituting
or encouraging conduct that would
constitute a criminal offense, give
rise to civil liability, or
otherwise violate any local, state,
national or international law,
including without limitation the
U.S. export control laws and
regulations; |
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(vii) storing, posting or
transmitting materials that would
give rise to liability under the
Computer Fraud and Abuse Act. |
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(viii) storing, collecting, posting
or transmitting credit card, debit
card, electronic funds transfer
numbers or other similar types of
data for either a fraudulent or
illegal purpose, or in a manner that
would permit others to use such data
for a fraudulent or illegal purpose;
and (ix) collecting, without
adequate security and a legitimate
purpose (as determined by
nexSIP.com), any of the
following: (a) information from
Users under the age of sixteen (16)
without consent from such Users'
parents or legal guardians; (b)
User's personal health information
or personal financial information
without informed consent from such
User; or (c) other personal
information without the advising the
User. |
Abusive Use Prohibited
The Services may not be used for abusive purposes, as determined by nexSIP.com. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by nexSIP.com:
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(i) posting
five (5) or more messages similar in
content to Usenet or other
newsgroups, listservs, forums,
e-mail mailing lists or other
similar groups or lists; |
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(ii) storing,
posting or transmitting harassing,
threatening or abusive materials,
e-mail or information; |
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(iii) sending
unsolicited e-mailings (including,
without limitation, commercial
advertising and informational
announcements) to more than five (5)
e-mail addresses within a
forty-eight (48) hour period, if
such unsolicited e-mailings could
reasonably be expected to or do in
fact provoke complaints; |
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(iv) falsifying
User information provided to
nexSIP.com or to other Users of
the Services; |
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(v) engaging in
any of the foregoing activities by
using the services of another
provider, but channeling such
activities through an account
provided by nexSIP.com,
re-mailer, or otherwise through the
Services or using an account
provided by nexSIP.com as a mail
drop for responses or otherwise
using the services of another
provider for the purpose of
facilitating the foregoing
activities if such use of another
party's service could reasonably be
expected to adversely affect the
provider of Services or its
supplier. |
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(vi) operating
a server in connection with the
Services in an "open relay"
configuration (a configuration
whereby a mail server processes
email messages where neither the
sender nor the recipient is a local
user). Servers configured in this
manner expose both nexSIP.com's
network and the User's personal
account to fraudulent and abusive
use by third parties. User hereby
acknowledges and agrees that it will
not operate servers with in an open
relay configuration. |
Interfering With Other Users Prohibited
No User shall interfere with any other person's use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by nexSIP.com:
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(i) restricting
or inhibiting any other User or any
other person from using and enjoying
Services and/or the Internet; |
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(ii) posting or
transmitting any information or
software that contains a virus worm,
cancelbot or other harmful
component; |
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(iii) without
permission from the owner of a
system or network, doing any of the
following: (a) accessing the system
or network, (b) monitoring data or
traffic, (c) probing, scanning,
testing firewalls, (d) testing the
vulnerability of a system or network
or (e) breaching the security or
authentication routines of a system
or network; |
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(iv) conducting
or forwarding surveys, contests,
pyramid schemes, charity requests or
chain letters; |
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(v)
relaying e-mail in an anonymous
fashion or forging any TCP-IP packet
header; or |
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(vi) mailbombing, flooding,
overloading, attacking or otherwise
interfering with a system or
network. |
Remedies
Violation of this Policy may result in civil or criminal liability, and nexSIP.com may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, nexSIP.com may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to nexSIP.com stating that they have been harmed by a User's failure to abide by this Policy or the policies listed above. nexSIP.com's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of nexSIP.com's rights.