| Rooted Networks Inc.
, and its affiliates have formulated this Acceptable Use Policy
("AUP") in order to encourage the responsible use
of Rooted Networks Inc. networks, systems, services, web sites
and products (collectively, the "Rooted Networks Inc. Network
and Services") by our customers and other users of the
Rooted Networks Inc. Network and Services (collectively, "Users"),
and to enable us to provide Users with secure, reliable and
productive services. By using the Rooted Networks Inc. Network
and Services, Users consent to be bound by the terms of this
AUP. Rooted Networks Inc. reserves the right to modify this
AUP in its discretion at any time. Such modifications will be
effective when posted. Any use of the Rooted Networks Inc. Network
and Services after such modification shall constitute acceptance
of such modification.
General Conduct
The Rooted Networks Inc. Network and Services must be used
in a manner that is consistent with the intended purpose of
the Rooted Networks Inc. Network and Services and may be used
only for lawful purposes. Users shall not use the Rooted Networks
Inc. Network and Services in order to transmit, distribute
or store material: (a) in violation of any applicable law
or regulation, including export or encryption laws or regulations;
or (b) that may expose Rooted Networks, Inc. to criminal or
civil liability. Users may not employ hardware or software
devices that are designed to simulate circuit activity with
the intent of circumventing controls on session time and exceeding
the 150-hour per month usage limit. Users are further prohibited
from assisting any other person in violating any part of this
AUP.
Responsibility for Content
Rooted Networks Inc. takes no responsibility for any material
created or accessible on or through the Rooted Networks Inc.
Network and Services. Rooted Networks Inc. is not obligated
to monitor or exercise any editorial control over such material,
but reserves the right to do so. In the event that Rooted
Networks Inc. becomes aware that any such material may violate
this AUP and/or expose Rooted Networks Inc. to civil or criminal
liability, Rooted Networks Inc. reserves the right to block
access to such material and suspend or terminate any User
creating, storing or disseminating such material. Rooted Networks
Inc. further reserves the right to cooperate with legal authorities
and third parties in the investigation of alleged wrongdoing,
including disclosing the identity of the User that Rooted
Networks Inc. deems responsible for the wrongdoing.
Inappropriate Content
Users shall not use the Rooted Networks Inc. Network and Services
to transmit, distribute or store material that is inappropriate,
as reasonably determined by Rooted Networks Inc., or material
that is indecent, obscene, pornographic (including child pornography),
defamatory, libelous, threatening, abusive, hateful, or excessively
violent.
Intellectual Property
Material accessible through the Rooted Networks Inc. Network
and Services may be subject to protection under privacy, publicity,
or other personal rights and Intellectual Property rights,
including but not limited to, copyrights and laws protecting
patents, trademarks, trade secrets or other proprietary information.
Users shall not use the Rooted Networks Inc. Network and Services
in any manner that would infringe, dilute, misappropriate,
or otherwise violate any such rights. If you use a domain
name in connection with any of the Rooted Networks, Inc. Network
and Services, you must not use that domain name in violation
of the trademark, service mark, or other rights of any third
party.
Harmful Content
Users shall not use the Rooted Networks Inc.Network and Services
to transmit, distribute or store material that contains a
virus, worm, Trojan horse, or other component harmful to the
Rooted Networks, Inc. Network and Services, any other network
or equipment, or other Users.
Fraudulent/Misleading Content
Users shall not use the Rooted Networks Inc. Network and Services
to transmit or distribute material containing fraudulent offers
for goods or services, or any advertising or promotional materials
that contain false, deceptive, or misleading statements, claims,
or representations. In addition, Users are prohibited from
submitting any false or inaccurate data on any order form,
contract or online application, including the fraudulent use
of credit cards.
Email and Unsolicited Messages
Users shall not use the Rooted Networks Inc. Network and Services
to send unsolicited e-mail messages, including, without limitation,
bulk commercial advertising or informational announcements
("spam"). Further, Users are prohibited from using
the service of another provider to send spam or to promote
a site hosted on or connected to the Rooted Networks Inc.
Network and Services. In addition, Users shall not use the
Rooted Networks Inc. Network and Services in order to (a)
send e-mail messages which are excessive and/or intended to
harass or annoy others, (b) continue to send e-mail messages
to a recipient that has indicated that he/she does not wish
to receive them, (c) send e-mail with forged TCP/IP packet
header information, (d) send malicious e-mail, including,
without limitation, "mailbombing", (e) send or receive
e-mail messages in a manner that violates the use policies
of any other internet service provider, or (f) use an e-mail
box exclusively as a storage space for data.
Third Party Rules; Usenet
Users may have access through the Rooted Networks Inc. Network
and Services to search engines, subscription Web services,
chat areas, bulletin boards, Web pages, USENET, or other services
that promulgate rules, guidelines or agreements to govern
their use. Users must adhere to any such rules, guidelines,
or agreements. Users who post messages to Usenet newsgroups
are responsible for becoming familiar with any written charter
or FAQ governing use of such newsgroups and complying therewith.
Regardless of such policies, Users may not (a) post the same
message, or a series of similar messages, to one or more newsgroups
(excessive cross-posting or multiple-posting, also known as
"Usenet spam"), (b) cancel or supersede posts not
originally posted by such User, unless such User does so in
the course of his/her duties as an official newsgroup moderator,
(c) post any message with forged packet header information,
or (d) post messages that are excessive and/or intended to
annoy or harass others, including, without limitation, chain
letters.
System and Network Security
Users are prohibited from violating or attempting to violate
the security of the Rooted Networks Inc.Network and Services,
including, without limitation, (a) accessing data not intended
for such User or logging into a server or account which such
User is not authorized to access, (b) impersonating Rooted
Networks Inc. personnel, (c) attempting to probe, scan or
test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization,
(d) attempting to interfere with, disrupt or disable service
to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mailbombing",
"denial of service" attacks or "crashing",
(e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting, (f) taking
any action in order to obtain services to which such User
is not entitled, or (g) attempting to utilize another User's
account name or persona without authorization from that User.
Users are also prohibited from attempting any action designed
to circumvent or alter any method of measuring or billing
for Rooted Networks, Inc. services. Violations of system or
network security may result in civil or criminal liability.
Rooted Networks Inc. will investigate occurrences that may
involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are involved
in such violations.
Suspension; Termination
Any User which Rooted Networks Inc. determines to have violated
any element of this AUP may be subject to a suspension or
termination of service, and if Rooted Networks Inc. deems
it necessary, immediate suspension or termination of such
User's service without notice. Rooted Networks, Inc. may take
such further action as Rooted Networks Inc. determines to
be appropriate under the circumstances to eliminate or preclude
repeat violations, and Rooted Networks Inc. shall not be liable
for any damages of any nature suffered by any Customer, User,
or any third party resulting in whole or in part from Rooted
Networks Inc. exercise of its rights under this AUP.
Violations of this AUP may be reported at the following link:
abuse@rootednetworks.com
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