Acceptable Use
As a provider of Internet access, web site hosting, e-mail and other
Internet-related services, iBeam Solutions offers its customers (also known as
subscribers), and their customers and users, the means to acquire and
disseminate public, private, commercial, and non-commercial information. iBeam
Solutions reserves the right to take certain preventative or corrective actions
as necessary. iBeam Solutions 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 iBeam Solutions' services.
This AUP will be revised from time to time. A customer's use of iBeam
Solutions' services after changes to the AUP are posted on iBeam Solutions' web
site, www.iBeamSolutions.com,
will constitute the customer's acceptance of any new or additional terms of the
AUP that result from those changes.
When subscribers obtain information through the Internet, they must keep in
mind that iBeam Solutions 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 iBeam Solutions cannot monitor or censor the Internet, and will not
attempt to do so, iBeam Solutions 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 iBeam Solutions 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 iBeam Solutions' network and may reach
a large number of people, including both subscribers and non-subscribers of
iBeam Solutions, subscribers' postings to the Internet may affect other
subscribers and may harm iBeam Solutions' goodwill, business reputation, and
operations. For these reasons, subscribers violate iBeam Solutions 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 iBeam Solutions, but also because
it can overload iBeam Solutions' network and disrupt service to iBeam Solutions
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, iBeam Solutions 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.
iBeam Solutions is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright infringement. It is also
iBeam Solutions' policy to terminate the privileges of customers who commit
repeat violations of copyright laws.
Obscene Speech or Materials -- Using iBeam Solutions’ network to advertise,
transmit, store, post, display, or otherwise make available child pornography
or obscene speech or material. iBeam Solutions is required by law to notify law
enforcement agencies when it becomes aware of the presence of child pornography
on or being transmitted through iBeam Solutions' network.
Defamatory or Abusive Language -- Using iBeam Solutions' 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.
Other Illegal Activities -- Engaging in activities that are determined to be
illegal, including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards, and
pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that
iBeam Solutions 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. iBeam Solutions will not,
as an ordinary practice, monitor the communications of its subscribers to
ensure that they comply with iBeam Solutions policy or applicable law. When
iBeam Solutions 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.
iBeam Solutions also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching iBeam Solutions'
facilities from those subscribers may have originated from a customer of the
subscriber or from another third-party. iBeam Solutions does not require its
subscribers who offer Internet services to monitor or censor transmissions or
web sites created by customers of its subscribers. iBeam Solutions has the
right to directly take action against a customer of a subscriber. Also, iBeam
Solutions may take action against the iBeam Solutions subscriber because of
activities of a customer of the subscriber, even though the action may affect
other customers of the subscriber. Similarly, iBeam Solutions anticipates that
subscribers who offer Internet services will cooperate with iBeam Solutions in
any corrective or preventive action that iBeam Solutions deems necessary.
Failure to cooperate with such corrective or preventive measures is a violation
of iBeam Solutions policy.
iBeam Solutions 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. iBeam Solutions may,
however, monitor its service electronically to determine that its facilities
are operating satisfactorily. Also, iBeam Solutions 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. iBeam Solutions 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, iBeam
Solutions may disclose subscriber information or information transmitted over
its network where necessary to protect iBeam Solutions and others from harm, or
where such disclosure is necessary to the proper operation of the system.
iBeam Solutions 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 iBeam Solutions policy. Finally, iBeam Solutions wishes to emphasize
that in signing the service agreement or using iBeam Solutions services,
subscribers indemnify iBeam Solutions for any violation of the service
agreement, law, or iBeam Solutions policy that results in loss to iBeam
Solutions or the bringing of any claim against iBeam Solutions by any
third-party. This means that if iBeam Solutions is sued because of a
subscriber's or customer of a subscriber's activity, the subscriber will pay
any damages awarded against iBeam Solutions, plus costs and reasonable
attorneys' fees.
Any complaints about a subscriber's violation of this AUP should be sent to
abuse@iBeamSolutions.com
|