Acceptable Use Policies. 2.1 Customer agrees to be bound by and to comply with such policies respecting permitted and prohibited use of the Services as may or may not be posted by 8IT on the 8IT Website from time to time (the “Acceptable Use Policy” or “AUP”). For the purposes of this MSA, the term “AUP Website” refers to the website currently located at ▇▇▇▇://▇▇▇.▇▇▇.▇▇/ in the “Resources” section, and any future or successor site(s). Customer agrees to refer to the Policies section of 8IT’s website on a regular basis, and agrees to be bound to any such policies posted within that section of the webpage. Customer understands that those policies may be updated at any time without notice. Without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇ agrees that it will not use the Services or Equipment (defined as equipment provided by 8IT to facilitate the delivery of Services) to, directly or indirectly: 2.1.1 invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation; 2.1.2 access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”; 2.1.3 upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightsholder; 2.1.4 alter, modify or tamper with the Equipment or Services; 2.1.5 restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment, the Services or the Internet, or create an unusually large burden on our network, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, distributing mass or unsolicited email (“Spamming”), or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information; 2.1.6 collect responses from unsolicited email sent through the Services or from other external systems that violate the restrictions in this MSA; 2.1.7 forge, alter or remove headers information or Customer’s identity; 2.1.8 disrupt backbone network nodes or network services, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver any Services; 2.1.9 interfere with computer networking or telecommunications services to or from any Internet user, host or network, including but not limited to denial-of-service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”), or attempting to “crash” a host; or 2.1.10 operate a server in connection with 8IT or the Services for purposes other than for Customer’s normal business activity, including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums. 2.2 Without limiting the generality of the foregoing, unless otherwise expressly agreed by the Parties in writing, ▇▇▇▇▇▇▇▇ agrees that: 2.2.1 Customer will not resell 8IT Services; 2.2.2 Customer will neither use 8IT or the Services for operation of an Internet Service Providers’ business nor for any other business enterprise in competition with 8IT; 2.2.3 Customer is responsible for any misuse of the Services that it contracted for under this MSA, even if the misuse was caused by its employee, contractor or other third party that had access to the Services; 2.2.4 Customer is responsible for ensuring that others do not gain unauthorized access to the Services; 2.2.5 Customer is solely responsible for obtaining, installing and maintaining all Customer provided equipment and related services necessary to connect to 8IT’s network; 2.2.6 Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without 8IT’s prior written consent and such consent shall not be unreasonably delayed or withheld. 2.2.7 Customer is solely responsible for the security of any device that Customer connects to the Services, including any data stored on that device. 2.2.8 In addition to 8IT’s termination rights as set out herein, Customer engaging in one or more of these activities may result in, at the sole discretion of 8IT, acting reasonably, suspension of Services (in whole or in part) or termination of this MSA. Additionally, 8IT reserves the right to charge Customer for any direct costs incurred by 8IT or its affiliates in connection with Customer breach of any provision of Section 2 of this MSA, including costs incurred to enforce Customer compliance with it.
Appears in 1 contract
Sources: Master Service Agreement
Acceptable Use Policies. 2.1 Customer agrees to be bound by You acknowledge and to comply with such policies respecting permitted and prohibited use of the Services as may or may not be posted by 8IT on the 8IT Website from time to time (the “Acceptable Use Policy” or “AUP”). For the purposes of this MSA, the term “AUP Website” refers to the website currently located at agree that ▇▇▇▇://▇▇▇.▇▇▇.▇▇/ in the “Resources” section, and any future or successor site(s). Customer agrees to refer to the Policies section of 8IT’s website on a regular basis, and agrees to be bound to any such policies posted within that section of the webpage. Customer understands that those policies may be updated at any time without notice. Without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇ agrees that it will not use has certain legal and ethical responsibilities with respect to the Services provision of the Services. Ogdentelnet, therefore, strictly prohibits system abuse, which includes, without limitation, the following actions or Equipment (defined as equipment provided by 8IT the intent to facilitate take the delivery of Services) to, directly or indirectlyfollowing actions:
2.1.1 invade another person’s privacy; unlawfully usea. uploading, possessposting, post, transmit e-mailing or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderousinvasive of another's privacy, defamatory hateful, or racially, ethnically or otherwise offensive objectionable;
b. harming minors in any way;
c. impersonating any person or objectionable; unlawfully promote entity, including, but not limited to, a Ogdentelnet official, forum leader, guide or incite hatred; host, or postfalsely stating or otherwise misrepresenting Your affiliation with a person or entity;
d. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
e. uploading, posting, e-mailing or otherwise transmitting any content that You do not have a right to transmit under any law or disseminate objectionable under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. uploading, posting, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
2.1.2 access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”;
2.1.3 upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightsholder;
2.1.4 alter, modify or tamper with the Equipment or Services;
2.1.5 restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the EquipmentNew York Stock Exchange, the Services American Stock Exchange or the InternetNASDAQ, or create an unusually large burden on our network, including, without limitation: posting or transmitting and any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, distributing mass or unsolicited email (“Spamming”), or otherwise generating levels regulations having the force of traffic sufficient to impede others’ ability to send or retrieve informationlaw;
2.1.6 collect responses from unsolicited email sent through the Services or from other external systems that violate the restrictions in this MSA;
2.1.7 forge, alter or remove headers information or Customer’s identity;
2.1.8 disrupt backbone network nodes or network services, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver any Services;
2.1.9 interfere with computer networking or telecommunications services to or from any Internet user, host or network, including but not limited to denial-of-service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”), or attempting to “crash” a host; or
2.1.10 operate a server in connection with 8IT or the Services for purposes other than for Customer’s normal business activity, including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.
2.2 Without limiting the generality of the foregoing, unless otherwise expressly agreed by the Parties in writing, ▇▇▇▇▇▇▇▇ agrees that:
2.2.1 Customer will not resell 8IT Services;
2.2.2 Customer will neither use 8IT or the Services for operation of an Internet Service Providers’ business nor for any other business enterprise in competition with 8IT;
2.2.3 Customer is responsible for any misuse of the Services that it contracted for under this MSA, even if the misuse was caused by its employee, contractor or other third party that had access to the Services;
2.2.4 Customer is responsible for ensuring that others do not gain unauthorized access to the Services;
2.2.5 Customer is solely responsible for obtaining, installing and maintaining all Customer provided equipment and related services necessary to connect to 8IT’s network;
2.2.6 Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without 8IT’s prior written consent and such consent shall not be unreasonably delayed or withheld.
2.2.7 Customer is solely responsible for the security of any device that Customer connects to the Services, including any data stored on that device.
2.2.8 In addition to 8IT’s termination rights as set out herein, Customer engaging in one or more of these activities may result in, at the sole discretion of 8IT, acting reasonably, suspension of Services (in whole or in part) or termination of this MSA. Additionally, 8IT reserves the right to charge Customer for any direct costs incurred by 8IT or its affiliates in connection with Customer breach of any provision of Section 2 of this MSA, including costs incurred to enforce Customer compliance with it.
Appears in 1 contract
Sources: Customer Agreement
Acceptable Use Policies. 2.1 Customer agrees (a) You acknowledge and agree that LSI has certain legal and ethical responsibilities with respect to be bound by and to comply with such policies respecting permitted and prohibited use the provision of the Services as may or may Services. Accordingly, you agree that you shall not be posted by 8IT on the 8IT Website from time to time (the “Acceptable Use Policy” or “AUP”). For the purposes of this MSA, the term “AUP Website” refers to the website currently located at ▇▇▇▇://▇▇▇.▇▇▇.▇▇/ in the “Resources” section, and do any future or successor site(s). Customer agrees to refer to the Policies section of 8IT’s website on a regular basis, and agrees to be bound to any such policies posted within that section of the webpage. Customer understands that those policies may be updated at any time without notice. Without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇ agrees that it will not use the Services or Equipment following: (defined as equipment provided by 8IT to facilitate the delivery of Servicesi) to, directly or indirectly:
2.1.1 invade another person’s privacy; unlawfully use, possessupload, post, email, or otherwise transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, slanderousor invasive of another's privacy or other rights;
(i) engage in action which might harm any person in any way;
(ii) impersonate any person or entity, defamatory including, but not limited to, an LSI official, or falsely state or otherwise offensive misrepresent your affiliation with a person or objectionable; unlawfully promote entity;
(iii) forge any header or incite hatred; or otherwise manipulate any identifier in order to disguise the origin of any content transmitted through any Service;
(iv) upload, post, transmit email, or disseminate objectionable informationotherwise transmit: (1) any content you do not have a right to transmit; (2) any content that infringes any patent, trademark, trade secret, copyright, or any other proprietary or intellectual property right of any person or entity; (3) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; and/or (4) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, system, hardware, or equipment;
(v) interfere with or disrupt any service or server or network connected to the Service, or disobey any requirement, procedure, policy, or regulation of any network connected to the Service; and/or
(vi) violate any Applicable Law.
(b) LSI may take such actions as it deems appropriate for any violation of these policies including, without limitation, removing any transmissions constituting or encouraging conduct content that would constitute a criminal offenseviolates this Agreement, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
2.1.2 access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge terminating this Agreement and consent of such person, nor your use any tools designed to facilitate such access, such as packet “sniffers”;
2.1.3 upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner Service, and cooperating with law enforcement officials by providing whatever information may be requested upon presentation by such officials of appropriate authorization from a court or rightsholder;
2.1.4 alterregulatory agency having jurisdiction over the subject matter. However, modify you agree and acknowledge there is no promise or tamper with the Equipment or Services;
2.1.5 restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment, the Services or the Internet, or create an unusually large burden obligation on our network, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, distributing mass or unsolicited email (“Spamming”), or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
2.1.6 collect responses from unsolicited email sent through the Services or from other external systems that violate the restrictions in this MSA;
2.1.7 forge, alter or remove headers information or Customer’s identity;
2.1.8 disrupt backbone network nodes or network services, or otherwise restrict, inhibit, disrupt, or impede our ability LSI's part to monitor or deliver police any Services;
2.1.9 interfere with computer networking or telecommunications services to or from any Internet user, host or network, including but not limited to denial-of-service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”), or attempting to “crash” a host; or
2.1.10 operate a server in connection with 8IT or the Services for purposes other than for Customer’s normal business such activity, including but not limited and LSI will have no liability to mail, news, file, gopher, telnet, chat, web, you or host configuration servers, multimedia streamers, any person or multi-user interactive forums.
2.2 Without limiting the generality of the foregoing, unless otherwise expressly agreed by the Parties in writing, ▇▇▇▇▇▇▇▇ agrees that:
2.2.1 Customer will not resell 8IT Services;
2.2.2 Customer will neither use 8IT or the Services for operation of an Internet Service Providers’ business nor entity for any other business enterprise in competition with 8IT;
2.2.3 Customer is responsible for any misuse of the Services that it contracted for under this MSA, even if the misuse was caused by its employee, contractor or other third party that had access to the Services;
2.2.4 Customer is responsible for ensuring that others do not gain unauthorized access to the Services;
2.2.5 Customer is solely responsible for obtaining, installing and maintaining all Customer provided equipment and related services necessary to connect to 8IT’s network;
2.2.6 Customer shall not connect or interconnect the Equipment with any other equipment or services violation of any third party without 8IT’s prior written consent and such consent shall not be unreasonably delayed or withheld.
2.2.7 Customer is solely responsible for the security of any device that Customer connects to the Services, including any data stored on that device.
2.2.8 In addition to 8IT’s termination rights as set out herein, Customer engaging in one or more of these activities may result in, at the sole discretion of 8IT, acting reasonably, suspension of Services (in whole or in part) or termination of this MSA. Additionally, 8IT reserves the right to charge Customer for any direct costs incurred by 8IT or its affiliates in connection with Customer breach of any provision of Section 2 of this MSA, including costs incurred to enforce Customer compliance with itpolicies.
Appears in 1 contract
Sources: End User Services Agreement
Acceptable Use Policies. 2.1 Customer agrees You acknowledge and agree that Sand Creek Internet has certain legal and ethical responsibilities with respect to be bound by and to comply with such policies respecting permitted and prohibited use the provision of the Services as may or may not be posted by 8IT on the 8IT Website from time to time (the “Acceptable Use Policy” or “AUP”)Services. For the purposes of this MSASand Creek Internet, therefore, strictly prohibits system abuse, which includes, without limitation, the term “AUP Website” refers following actions or the intent to take the website currently located at ▇▇▇▇://▇▇▇.▇▇▇.▇▇/ in the “Resources” section, and any future or successor site(s). Customer agrees to refer to the Policies section of 8IT’s website on a regular basis, and agrees to be bound to any such policies posted within that section of the webpage. Customer understands that those policies may be updated at any time without notice. Without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇ agrees that it will not use the Services or Equipment (defined as equipment provided by 8IT to facilitate the delivery of Services) to, directly or indirectlyfollowing actions:
2.1.1 invade another person’s privacy; unlawfully usea. uploading, possessposting, post, transmit e-mailing or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderousinvasive of another's privacy, defamatory hateful, or racially, ethnically or otherwise offensive objectionable;
b. harming minors in any way;
c. impersonating any person or objectionable; unlawfully promote entity, including, but not limited to, a Sand Creek Internet official, forum leader, guide or incite hatred; host, or postfalsely stating or otherwise misrepresenting Your affiliation with a person or entity;
d. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
e. uploading, posting, e-mailing or otherwise transmitting any content that You do not have a right to transmit under any law or disseminate objectionable under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. uploading, posting, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
2.1.2 access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”;
2.1.3 upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightsholder;
2.1.4 alter, modify or tamper with the Equipment or Services;
2.1.5 restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the EquipmentNew York Stock Exchange, the Services American Stock Exchange or the InternetNASDAQ, or create an unusually large burden on our network, including, without limitation: posting or transmitting and any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, distributing mass or unsolicited email (“Spamming”), or otherwise generating levels regulations having the force of traffic sufficient to impede others’ ability to send or retrieve informationlaw;
2.1.6 collect responses from unsolicited email sent through the Services or from other external systems that violate the restrictions in this MSA;
2.1.7 forge, alter or remove headers information or Customer’s identity;
2.1.8 disrupt backbone network nodes or network services, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver any Services;
2.1.9 interfere with computer networking or telecommunications services to or from any Internet user, host or network, including but not limited to denial-of-service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”), or attempting to “crash” a host; or
2.1.10 operate a server in connection with 8IT or the Services for purposes other than for Customer’s normal business activity, including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.
2.2 Without limiting the generality of the foregoing, unless otherwise expressly agreed by the Parties in writing, ▇▇▇▇▇▇▇▇ agrees that:
2.2.1 Customer will not resell 8IT Services;
2.2.2 Customer will neither use 8IT or the Services for operation of an Internet Service Providers’ business nor for any other business enterprise in competition with 8IT;
2.2.3 Customer is responsible for any misuse of the Services that it contracted for under this MSA, even if the misuse was caused by its employee, contractor or other third party that had access to the Services;
2.2.4 Customer is responsible for ensuring that others do not gain unauthorized access to the Services;
2.2.5 Customer is solely responsible for obtaining, installing and maintaining all Customer provided equipment and related services necessary to connect to 8IT’s network;
2.2.6 Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without 8IT’s prior written consent and such consent shall not be unreasonably delayed or withheld.
2.2.7 Customer is solely responsible for the security of any device that Customer connects to the Services, including any data stored on that device.
2.2.8 In addition to 8IT’s termination rights as set out herein, Customer engaging in one or more of these activities may result in, at the sole discretion of 8IT, acting reasonably, suspension of Services (in whole or in part) or termination of this MSA. Additionally, 8IT reserves the right to charge Customer for any direct costs incurred by 8IT or its affiliates in connection with Customer breach of any provision of Section 2 of this MSA, including costs incurred to enforce Customer compliance with it.
Appears in 1 contract
Sources: Customer Agreement
Acceptable Use Policies. 2.1 Customer agrees to be bound by You acknowledge and to comply with such policies respecting permitted and prohibited use of the Services as may or may not be posted by 8IT on the 8IT Website from time to time (the “Acceptable Use Policy” or “AUP”). For the purposes of this MSA, the term “AUP Website” refers to the website currently located at agree that ▇▇▇▇://▇▇▇.▇▇▇.▇▇/ in the “Resources” section, and any future or successor site(s). Customer agrees to refer to the Policies section of 8IT’s website on a regular basis, and agrees to be bound to any such policies posted within that section of the webpage. Customer understands that those policies may be updated at any time without notice. Without limiting the generality of the foregoing, /▇▇▇▇▇▇.▇▇▇ agrees that it will not use has certain legal and ethical responsibilities with respect to the Services provision of the Services. ▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇.▇▇▇, therefore, strictly prohibits system abuse, which includes, without limitation, the following actions or Equipment (defined as equipment provided by 8IT the intent to facilitate take the delivery of Services) tofollowing actions: uploading, directly posting, e-mailing or indirectly:
2.1.1 invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderousinvasive of another's privacy, defamatory hateful, or racially, ethnically or otherwise offensive or objectionable; unlawfully promote harming minors in any way; impersonating any person or incite hatredentity, including, but not limited to, a ▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇.▇▇▇ official, forum leader, guide or host, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity; forging headers or postotherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service; uploading, posting, e-mailing or otherwise transmitting any content that You do not have a right to transmit under any law or disseminate objectionable under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); uploading, posting, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, regulations having the force of law; "stalking" or otherwise violate any municipal, provincial, federal harassing another; or international law, order collecting or regulation;
2.1.2 access any computer, software, data, or any confidential, copyright protected or patent protected material of any storing personal data about other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”;
2.1.3 upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightsholder;
2.1.4 alter, modify or tamper with the Equipment or Services;
2.1.5 restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment, the Services or the Internet, or create an unusually large burden on our network, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, distributing mass or unsolicited email (“Spamming”), or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
2.1.6 collect responses from unsolicited email sent through the Services or from other external systems that violate the restrictions in this MSA;
2.1.7 forge, alter or remove headers information or Customer’s identity;
2.1.8 disrupt backbone network nodes or network services, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver any Services;
2.1.9 interfere with computer networking or telecommunications services to or from any Internet user, host or network, including but not limited to denial-of-service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”), or attempting to “crash” a host; or
2.1.10 operate a server in connection with 8IT or the Services for purposes other than for Customer’s normal business activity, including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forumsusers.
2.2 Without limiting the generality of the foregoing, unless otherwise expressly agreed by the Parties in writing, ▇▇▇▇▇▇▇▇ agrees that:
2.2.1 Customer will not resell 8IT Services;
2.2.2 Customer will neither use 8IT or the Services for operation of an Internet Service Providers’ business nor for any other business enterprise in competition with 8IT;
2.2.3 Customer is responsible for any misuse of the Services that it contracted for under this MSA, even if the misuse was caused by its employee, contractor or other third party that had access to the Services;
2.2.4 Customer is responsible for ensuring that others do not gain unauthorized access to the Services;
2.2.5 Customer is solely responsible for obtaining, installing and maintaining all Customer provided equipment and related services necessary to connect to 8IT’s network;
2.2.6 Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without 8IT’s prior written consent and such consent shall not be unreasonably delayed or withheld.
2.2.7 Customer is solely responsible for the security of any device that Customer connects to the Services, including any data stored on that device.
2.2.8 In addition to 8IT’s termination rights as set out herein, Customer engaging in one or more of these activities may result in, at the sole discretion of 8IT, acting reasonably, suspension of Services (in whole or in part) or termination of this MSA. Additionally, 8IT reserves the right to charge Customer for any direct costs incurred by 8IT or its affiliates in connection with Customer breach of any provision of Section 2 of this MSA, including costs incurred to enforce Customer compliance with it.
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Sources: Customer Agreement