ACCEPTABLE USE POLICY
1. Introduction.
This document sets forth the principles, guidelines and requirements
of the Acceptable Use Policy of ePagos, Inc. and its direct and indirect subsidiaries,
including, but not to limited to, Telcom.net and Sitanium Designs (collectively
and individually, the “Company”) governing the use by the customer (“Customer”)
of the Company’s services and products (“Services and Products”). The Acceptable
Use Policy has been created to promote the integrity, security, reliability
and privacy of Company's Web Site Management Facility, network, and Customer
data contained within. Company retains the right to modify the Acceptable
Use Policy at any time and any such modification shall be automatically effective
as to all customers when adopted by the Company. Questions or comments regarding the Acceptable
Use Policy should be forwarded to the Company via:
E-mail:
abuse@epagos.com
Telephone:
305-931-7270
2.
Compliance With Law.
Customer shall not post, transmit, re-transmit or store material
on or through any of Services or Products which, in the sole judgment of the
Company (i) is in violation of any local, state, federal or non-United States
law or regulation, (ii) threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or entity (collectively,
"Persons") or (iii) violates the rights of any person, including
rights protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not limited to, the
installation or distribution of "pirated" or other software products
that are not appropriately licensed for use by Customer. Customer shall be
responsible for determining what laws or regulations are applicable to its
use of the Services and Products.
3.
Prohibited Uses of Services and Products.
In addition to the other requirements of this Acceptable Use Policy, the Customer
may only use the Services and Products in a manner that, in the Company's
sole judgment, is consistent with the purposes of such Services and Products.
If the Customer is unsure of whether any contemplated use or action is permitted,
please contact the Company as provided above. By way of example, and not limitation,
uses described below of the Services and Products are expressly prohibited.
3.1.
General.
|
3.1.1. |
Resale
of Services and Products, without the prior written consent of the Company. |
|
3.1.2. |
Deceptive
on-line marketing practices. |
|
3.1.3. |
Violations
of the rights of any Person protected by copyright, trade secret, patent
or other intellectual property or similar laws or regulations, including,
but not limited to, the installation or distribution of "pirated"
or other software products that are not appropriately licensed for use
by Customer. |
|
3.1.4. |
Actions
that restrict or inhibit any Person, whether a customer of the Company
or otherwise, in its use or enjoyment of any of the Company's Services
or Products. |
3.2.
System and Network.
|
3.2.1. |
Introduction
of malicious programs into the network or server (e.g., viruses and
worms). |
|
3.2.2. |
Effecting
security breaches or disruptions of Internet communication. Security
breaches include, but are not limited to, accessing data of which the
Customer is not an intended recipient or logging into a server or account
that the Customer is not expressly authorized to access. For purposes
of this Section 3.2.2., "disruption" includes, but is not
limited to, port scans, flood pings, packet spoofing and forged routing
information. |
|
3.2.3. |
Executing
any form of network monitoring which will intercept data not intended
for the Customer's server. |
|
3.2.4. |
Circumventing
user authentication or security of any host, network or account. |
|
3.2.5. |
Interfering
with or denying service to any user other than the Customer’s host (for
example, denial of service attack). |
|
3.2.6. |
Using
any program/script/command, or sending messages of any kind, designed
to interfere with, or- 2 - to disable, a user's terminal session, via
any means, locally or via the Internet. |
|
3.2.7. |
Creating
an "active" full time connection on a Company-provided dial-up
account for Internet access by using artificial means involving software,
programming or any other method. |
|
3.2.8. |
Utilizing
a Company-provided dial-up account for purposes for Internet access
other than facilitating connectivity to the Services and Products provided
by the Company. This includes copying or creating files utilizing more
than 5MB of disk space on the dial-up account servers. |
|
3.2.9. |
Failing
to comply with the Company's procedure relating to the activities of
customers on the Company's premises. |
3.3.
Billing.
|
3.3.1. |
Furnishing
false or incorrect data on the order form, contract or online application,
including fraudulent use of credit card numbers. |
|
3.3.2. |
Attempting
to circumvent or alter the processes or procedures to measure time,
bandwidth utilization, or other methods to document "use"
of the Company's Services and Products. |
3.4. Mail.
|
3.4.1. |
Sending
unsolicited mail messages, including the sending of "junk mail"
or other advertising material to individuals who did not specifically
request such material, who were not previous customers of the Customer
or with whom the Customer does not have an existing business relationship
("E-mail spam"). |
|
|
3.4.2. |
Harassment,
whether through language, frequency or size of messages. |
|
|
3.4.3. |
Unauthorized
use, or forging, of mail header information. |
|
|
3.4.4. |
Solicitations
of mail for any other E-mail address other than that of the poster's
account or service with the intent to harass or to collect replies. |
|
|
3.4.5. |
Creating
or forwarding "chain letters" or other "pyramid schemes"
of any type. |
|
|
3.4.6. |
Use
of unsolicited E-mail originating from within the Company’s network
or networks of other Internet Service Providers on behalf of, or to
advertise, any service hosted by the Company, or connected via the Company’s
network. |
3.5.
Usenet Newsgroups.
|
3.5.1. |
Posting
the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup
spams”). |
|
|
3.5.2. |
Posting
of exccessive numbers of identical or similar Emails to any number of
Usenet newsgroups from the Company's network or networks of other Internet
Service Providers on behalf of, or to advertise, any service hosted
by the Company, or connected via the Company's network. |
|
|
3.5.3. |
Posting
chain letters of any type. |
|
|
3.5.4. |
Posting
encoded binary files to newsgroups not specifically named for that purpose. |
|
|
3.5.5. |
Cancellation
or superseding of posts other than your own. |
|
|
3.5.6. |
Forging
of header information. |
|
|
3.5.7. |
Solicitations
of mail for any other E-mail address other than that of the poster's
account or service, with intent to harass or to collect replies. |
|
|
3.5.8. |
Use
of unsolicited E-mail originating from within the Company’s network
or networks of other Internet Service Providers on behalf of, or to
advertise, any service hosted by the Company, or connected via the Company’s
network. |
4.
Abusable Resources.
Upon notification
of the existence of an abusable resource, for example, and without limitation,
an open newsserver, an unsecured mail relay or a smurf amplifier, Customer
shall immediately take all necessary steps to avoid any further abuse of such
resource. Any abuse of an open resource that occurs after Customer has received
such notification shall be considered a violation of this Acceptable Use Policy
and enforced as such.
5.
Enforcement.
Company may immediately
suspend and/or terminate the Customer’s service for violation of any provision
of the Acceptable Use Policy upon verbal or written notice, which notice may
be provided by voicemail or E-mail. However, the Company attempts to work
with the Customer to cure violations of the Acceptable Use Policy and to ensure
that there is no re-occurrence of violations prior to suspension and/or termination.