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ACCEPTABLE USAGE POLICY |
Acceptable Usage Policy
| 1 | Introduction |
| | This Acceptable Usage Policy (“AUP”) sets forth the principles that govern the use by customers of the systems, services and products provided by PubInnGuide (“Company”). The AUP has been created to promote the integrity, security, reliability and privacy of the Company’s systems and networks.
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| 2 | Compliance With Law |
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Customers shall not post, transmit, re-transmit or store material on or through any of the Company’s system services or products that:
- is in violation of any national law or regulation;
- is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”); or
- 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 the customer.
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| 3 | Prohibited Uses of Company’s Systems, Services and Products |
| | This AUP identifies the actions that the Company considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, the Customer may only use the Company’s systems, services and products in a manner that, in the Company’s sole judgement, is consistent with the purposes of such systems, services and products. If a customer is unsure whether a contemplated use or action is permitted under the AUP, the customer should e-mail the Company with a description of the proposed use at policy@PubInnGuide.com for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.
The following uses of Company’s systems, services and products as described in subsections 3.1 and 3.2 are expressly prohibited:
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| 3.1 | Prohibited Actions: General Conduct |
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- Transmitting on or through any of Company’s systems, services, or products any material that is, in Company’s sole discretion, unlawful, obscene, threatening, abusive, libellous, or hateful, or encourages conduct that may constitute a criminal offence, may give rise to civil liability, or otherwise may violate any national or international law.
- Transmission, distribution, or storage of any information, data or material in violation of national law, or by the common law.
- Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
- 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 systems, services or products.
- Resale of the Company’s services and products, without the prior written consent of the Company.
- Deceptive on-line marketing practices.
- Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
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| 3.2 | Prohibited Actions: E-Mail |
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- Harassment, whether through language, frequency, or size of messages, is prohibited. Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (“e-mail spam”). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
- Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings.
- Malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mail).
- Unauthorised use, or forging, or mail header information.
- Using a Company or a customer account to collect replies to messages sent from another provider.
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| 4 | Complaint and Enforcement
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| 4.1 | Complaint |
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Complaints regarding abusive conduct may be reported by mail, marked ATTN: Policy Review Board, to:
PubInnGuide,
PO Box 4283
YEOVIL, Somerset BA20 9EA
Complaints will also be accepted via e-mail, so long as a valid return address is included. PubInnGuide must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.
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| 4.2 | Enforcement |
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The Company may, in its sole discretion, suspend or terminate a customer’s service for violation of any of AUP at any time and without warning. As a general matter, the Company attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.
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| 5 | Liability |
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In no event will the Company be liable to any customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Company was advised of the possibility of such damages.
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| 6 | Miscellaneous
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| 6.1 | Modification of AUP |
| | The Company retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all customers when adopted by the Company.
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| 6.2 | Applicability of AUP |
| | Deceptive marketing is not permitted through the PubInnGuide services or network.
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| 6.3 | The Company Is Not Responsible For Content |
| | The Company is NOT responsible for the content of any USENET posting, whether or not a customer of the Company made the posting.
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| 6.4 | Removal of Materials |
| | At its sole discretion, the Company reserves the right to remove materials from its servers and to terminate business with customers that the Company have determined to have violated this AUP.
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