ACCEPTABLE USE POLICY
JMC Consulting Ltd.
I. Introduction
This Acceptable Use Policy ("AUP") has been created by JMC Consulting
Ltd. and all of the entities controlling, controlled by, or under common
control with JMC Consulting Ltd. ("JMC Consulting Ltd.") to promote
the integrity, security, reliability and protection of JMC Consulting
Ltd.'s network, facilities, offerings, and customers. JMC Consulting
Ltd. may modify, without prior notice, this AUP as JMC Consulting Ltd.
deems appropriate and such modified AUP will be effective upon posting
on JMC Consulting Ltd.'s website. Throughout the term of its Agreement
with JMC Consulting Ltd., Customer must ensure that the use of any service,
product, or resource offered, owned, or controlled by JMC Consulting
Ltd. to Customer ("Service") conforms to JMC Consulting Ltd.'s then-current
AUP. Customer will be held responsible for its use, its systems, the
users of its systems and offerings, and, in the case of resellers, any
third-party use.
II. Prohibited Uses
The Internet is a global interconnection of multiple networks that physically
exist in multiple counties with diverse laws, regulations, and orders
("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal"
apply to Laws globally and within the framework of applicable governing
bodies. It is Customer's responsibility to be aware of the Laws that
apply to the use of the Service and to ensure compliance with such Laws.
JMC Consulting Ltd. will cooperate with all court orders, subpoenas,
and other similar government requests ordering JMC Consulting Ltd. to
disclose information about use of the Service.
The Service shall not be used to post, transmit, re-transmit or store
material which, in the judgment of JMC Consulting Ltd.:
Violates local, provincial, state, federal, foreign, or international
Law;
Could be considered threatening, obscene, indecent, defamatory, threatening
or that otherwise could adversely affect any individual, group or entity
("Person").
In addition to the other requirements of this
AUP, the Service may be used only in a manner that in JMC Consulting
Ltd.'s sole discretion is consistent the purposes of such Service. Customer
should contact JMC Consulting Ltd. if it is unsure of whether any contemplated
use or action is permitted.
By way of example, and not limitation, uses described below are expressly
prohibited:
General:
Deceptive or fraudulent practices.
Any activity infringing on the intellectual property rights of others,
including, but not limited to, copyrights, trademarks, service marks,
trade secrets, patents. Actions that restrict or inhibit any Person,
whether a customer, JMC Consulting Ltd., or otherwise, in its use or
enjoyment of any JMC Consulting Ltd. Service.
System and Network:
The deliberate transmission of computer viruses worms, trojan software,
or other malicious programs.
Interfering with, disrupting, or denying service including, but is not
limited to, using any technique to intentionally degrade or disable
the delivery of any legitimate data (e.g., denial of service attacks).
Attempting to gain unauthorized entry to any site or network including
but not limited to executing any form of network probing, monitoring
or other information-gathering on someone else's site or network.
Attempting to circumvent host or user authentication or other security
measures of any host, network or account.
Maintaining an Open Email Relay/Open Data Relay or allowing any data
to be sent through one's system by an unrelated third party, including,
but is not limited to, via open email gateways and open proxy servers.
Mail:
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 or with whom
the sender did not have an existing business relationship ("E-mail spam").
JMC Consulting Ltd. reserves the right to determine in its sole discretion
and based on the information available (1) what constitutes spam as
well as (2) what measures are necessary in response to spamming complaints.
Harassment including, but not limited to, through language, frequency
or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than of the
poster's account or service with the intent to harass or to collect
replies.
Creating or forwarding "chain letters" or other "schemes" of any type.
Use of unsolicited E-mail originating from within JMC Consulting Ltd.'s
network or networks of other Internet Service Providers on behalf of,
or to advertise any service hosted by JMC Consulting Ltd., or connected
via JMC Consulting Ltd.'s network.
Usenet Newsgroups:
Posting the same or similar messages to large numbers of Usenet newsgroup
("Newsgroup spam").
Posting excessive numbers of identical or similar messages to any number
of Usenet newsgroups from JMC Consulting Ltd.'s network or networks
of other Internet Service Providers on behalf of, to advertise, any
service hosted by JMC Consulting Ltd., or via JMC Consulting Ltd.'s
network.
Posting chain letters of any type.
Posting encoded binary files to newsgroups not named for that purpose
Cancellation or superseding of posts other than your own
Forging of header information of the poster's account or service.
III. Additional Obligations
Bulk Email:
Bulk email must provide recipients with an easy and effective mechanism
for removal from bulk email lists. The source of the addressee's address
must be included in each bulk email message. Senders of bulk email must
take effective steps to confirm that the actual owner of each email
address on a list has agreed to receive bulk mailings from the sender
before sending email to that list.
Service Resale:
Service or any portion of Service will not be resold unless authorized
by JMC Consulting Ltd. in an executed wholesale contract.
Password Protection:
Customer is responsible for protecting passwords and for any authorized
or unauthorized use of its systems and/or networks.
Content Protection:
Customer must provide appropriate protection to prevent minors (persons
under 21 years of age) from accessing any unsuitable material published
via any Service.
Content Ownership:
Customer is responsible for all content or information residing on,
obtained or transmitted via the Service.
Vulnerable Systems:
JMC Consulting Ltd. reserves the right, without prior notice, to perform
vulnerability tests on systems residing on IP address space belonging
to JMC Consulting Ltd. which may be allocated for Customer use. The
purpose of such testing includes, but is not limited to, testing of
mail servers or proxy servers for unrestricted third party relaying.
JMC Consulting Ltd. will use commercial reasonable efforts to ensure
that such testing (1) will be non-intrusive in nature, and (2) will
not adversely affect Service provided to Customer or compromise the
security of Customer's network.
Customer is responsible for correcting any system vulnerability upon
notification. Customer must terminate operations of a known compromised
system.
Service Provided Equipment:
Customer is responsible for any modification of, alteration to, or other
tampering with any hardware provided with the Service.
IV. AUP Enforcement
Violation of this AUP may subject Customer to international, federal,
and/or provincial, and/or state civil and/or criminal liability. Customer
activity that facilitates a violation of this AUP by any party constitutes
a violation of this AUP by Customer. JMC Consulting Ltd. reserves the
right immediately and without prior notice to filter, block, suspend,
and /or terminate access to the Service at any time for any conduct
that JMC Consulting Ltd., in its sole discretion, determines violates
or which may violate this AUP or is otherwise harmful to JMC Consulting
Ltd.'s interests or the interests of others. If access is terminated,
JMC Consulting Ltd., in its sole discretion, may refuse to accept all
new e-mail sent to the terminated e-mail address and delete Customer's
data stored on Service.
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