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Home : Company Profile : Acceptable Use
Policy
Please read our
Acceptable Use Policy below:
This document
explains the Acceptable Use Policy for use of services provided by
ColocationNY.com. (hereinafter known as ColocationNY.com) by the
client/user (hereinafter known as Customer). This document
supersedes all forms of this document previously published by
ColocationNY.com. This document is maintained and published on-line
on the colocationny.com home page at
http://www.colocationny.com/aup.asp.
All Customers of ColocationNY.com are required to be familiar with
this policy. Use of ColocationNY.com services in any form
constitutes acceptance of this Acceptable Use Policy and agreement
to adhere to it.
This Acceptable Use Policy may be known hereinafter as policy, AUP
or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable
Use Policy is the date of acceptance by the Customer of services
from ColocationNY.com, and they shall remain in effect until
Customer terminates his/her account or ColocationNY.com cancels
Customer's account.
ColocationNY.com reserves the right to change the terms and
conditions of use or its Acceptable Use Policy at any time.
Notification of changes will be announced via email. If customer
does not agree to changes, Customer may cancel services by giving
ColocationNY.com proper written notice as directed herein.
Termination for Cause
ColocationNY.com may terminate an account at any time for any
violation of this Acceptable Use Policy. Such termination generally
means that all files are deleted and all services are rescinded. All
losses and expenses suffered by Customer as a result of such
termination will be Customer's to bear alone, and ColocationNY.com
will have no liability whatsoever.
Provision of Services
ColocationNY.com will provide services on its host computing systems
to customers in exchange for banner advertising on Customer's
ColocationNY.com-hosted sites and compliance with this Acceptable
Use Policy. ColocationNY.com services are defined as the use by
Customer of computing, telecommunications, software, and information
services provided by ColocationNY.com. These services also include
the provision of access to computing, telecommunications, software,
and information services provided by others via the worldwide
computer network known as the Internet.
Security of Accounts
ColocationNY.com accounts are for individual Customers. Customer
therefore agrees not to share the password of the account with
others. Customer agrees to maintain a secure password to the account
and is responsible for any use of his/her account. Customer agrees
not to use any ColocationNY.com services to obtain the passwords of
other customers on ColocationNY.com or other systems. Customer
agrees not to use ColocationNY.com services to make unauthorized
attempts to access any systems and networks.
Use of Internet Services
Customer agrees not to use ColocationNY.com services to violate
copyright or other intellectual property rights. For example,
Customer may not upload or download commercial software in violation
of software license agreements. Customer agrees to use the services
provided by ColocationNY.com as permitted by applicable local,
state, and federal laws. Customer agrees, therefore, not to use
these services to conduct any business or activity that is
prohibited by law.
Specific Acceptable Use Policies
ColocationNY.com believes that the First Amendment rights of free
speech, freedom of the press, and freedom of association apply to
the Internet to the same degree as they do to print media.
ColocationNY.com has no intention of infringing upon those rights.
Unauthorized use of other people's accounts or computers
ColocationNY.com will react strongly to any unauthorized use or
attempted unauthorized use of an Internet account or computer
without the owner's authorization. Whether or not the attacked
account or computer belongs to ColocationNY.com, such attempts
include but are not limited to "social engineering" (tricking other
people into releasing their passwords), password cracking, security
hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or
cancellation, and legal action, according to the seriousness of the
attack.
Commercial advertisements
Commercial advertising is an accepted and welcome use of the
Internet. However, there is appropriate and inappropriate Internet
advertising. ISPs that don't abide by this Internet standard may be
denied access to newsgroups and in some cases to the Internet
entirely.
Commercial advertisements are unwelcome in most Usenet discussion
groups and on most E-mail mailing lists. Inappropriate postings may
result in account suspension or cancellation. See the newsgroup or
mailing list's charter for whether advertising is allowed or not.
Unsolicited commercial advertisements sent out via E-mail or to many
off-topic newsgroups are not allowed. Generally ads should be placed
in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an
un-requested advertisement, to multiple recipients is by itself
"spamming," unauthorized use of E-mail, unless the individuals have
specifically requested to be added to a mailing list on that topic.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or
pyramid schemes or chain letters of any sort will result in quick
account termination. Pyramid schemes are illegal no matter how the
message is presented. Pyramid schemes are NOT permitted.
Illegal Material
ColocationNY.com assumes no legal liabilities relating to Customer's
use of the computer network and equipment. However, ColocationNY.com
requires that its customers not use the network for illegal
purposes. In any legal matters that result from a Customers action,
ColocationNY.com is under no obligation to defend itself rather than
settle. Any losses suffered by ColocationNY.com to settle or defend
legal action, and all civil or criminal penalties inflicted on
ColocationNY.com as a result of any Customers act are payable by the
customer. Customer shall have no defense against prompt and full
repayment to ColocationNY.com. When presented with a search warrant,
ColocationNY.com is obligated to release appropriate information
requested, and will cooperate with the authorities in any criminal
investigation.
While ColocationNY.com recognizes that the legal status of the
Internet has not yet been fully resolved, ColocationNY.com considers
certain actions illegal and therefore not allowed on its network,
for example; unauthorized distribution of copyrighted material;
exploitation of minors; and unauthorized use of computer resources.
ColocationNY.com makes no representations concerning any attempt to
review the content of sites hosted on its servers, and so
ColocationNY.com is not responsible for the accuracy, copyright
compliance, legality or decency of material contained in sites
hosted on its servers.
Harassment
Harassment or abusive use of E-mail and other Internet services is a
serious misuse of Internet resources. ColocationNY.com will handle
incidents of harassment on a case-by-case basis, consulting with the
parties involved.
Inappropriate use of Web Service
ColocationNY.com provides space for commercial web pages with some
services. ColocationNY.com maintains no responsibility for the
content of such pages. ColocationNY.com will handle complaints about
inappropriate web pages on a case-by-case basis. Examples of
inappropriate information include downloadable virus code, bulk
E-mail lists, illicit advertising, and web-based services that allow
members of the public to send E-mail or post news anonymously.
Abuse of ColocationNY.com Services
Any use of ColocationNY.com system resources that disrupts the
normal operation of the system or the use by other ColocationNY.com
customers is considered to be abuse of system resources and is
grounds for administrative intervention. Use of ColocationNY.com
computers or Internet connection to send ping or other packets in an
attempt to deny service to another user is considered abuse.
Depending on the nature and the severity of the abuse, the customer
may receive an E-mail warning, have his processes halted, or have
his account suspended. If the misuse is unintentional or has other
mitigating circumstances, the suspension may be rescinded but may
require a reconnection charge. Customers who believe their activity
has been inappropriately handled may appeal to ColocationNY.com
Management.
Reporting Abuse
To report abuse of ColocationNY.com systems, please send a message
to
abuse@colocationny.com. Please include the URL of the site in
question, as well as any other pertinent information.
Offensive or Adult Materials
ColocationNY.com does not censor on the basis of politics, religion,
sexual themes, or artistic content. ColocationNY.com has no control
over the content of materials accessed. Some materials may be
offensive or adult in nature. Parents are responsible for monitoring
children's exposure to any material. ColocationNY.com assumes no
responsibility for any material or for monitoring or controlling
access to such material.
Warranties
ColocationNY.com makes no warranties of any kind, whether expressed
or implied, for its services. ColocationNY.com specifically
disclaims any implied warranties of merchantability or fitness for
any particular purpose. ColocationNY.com will not be held
responsible for any losses or damages resulting from delays,
non-deliveries, miss-deliveries, service interruption, or Customer's
or FH's errors or omissions. ColocationNY.com will not under any
circumstances be responsible for consequential damages.
ColocationNY.com reserves the right to suspend or terminate accounts
for any reason, if, in our opinion, the Customer is disrupting or
threatening the operation of this site and/or the Internet or its
components. In the context of this AUP, using other sites or servers
to abuse the net via ColocationNY.com access is regarded the same as
using ColocationNY.com's site.
Applicability
These rules cannot be superseded by any verbal agreements of
ColocationNY.com employees or customers. Any agreement modification
or special changes to this AUP must be in writing and signed by an
officer of the Company.
Jurisdiction
The laws of Washington State shall govern the validity, construction
and performance of this AUP and Customer's agreement to abide by
this AUP.
Severability
If any provision of this policy is held by a court to be contrary to
law, the remaining provisions will remain in full force and effect.
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