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Wayport Acceptable Use PolicyWayport Acceptable Use Policy
Wayport® Acceptable Use Policy
All users of Wayport's Internet services (the "Services") agree to and must comply with this Acceptable Use Policy (AUP). Neither Wayport nor McDonald?Create|Search's exercises editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Wayport may remove, block, filter, or restrict by any other means any materials that, in Wayport's sole discretion, may be illegal, may subject Wayport to liability, or which may violate this AUP. Wayport and McDonald?Create|Search's may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Wayport account or other actions as detailed below. This AUP should be read in conjunction with our other policies all of which are posted on our website at www.wayport.net. The following constitute violations of this AUP (this list is intended to be illustrative and not exhaustive; other uses may violate the AUP and Wayport remains the sole and final arbiter of acceptable usage of its Services): a. Illegal use: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder. b. Harm to minors: Using the Services to harm, or attempt to harm, minors in any way. c. Threats: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. d. Harassment: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another. e. Fraudulent activity: Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes", unregistered sales of securities, securities fraud and "chain letters." f. Forgery or impersonation: Adding, removing or modifying identifying network, message, or article header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. g. Unsolicited commercial email/Unsolicited?Create|Search bulk email: Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited h. Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Wayport's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data. i. Copyright or trademark infringement: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. j. Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. k. Reselling the services: Reselling the Services without Wayport's authorization. l. Network disruptions and unfriendly activity: Using the Services for any activity which adversely affects the ability of other people or systems to use Wayport Services or the Internet. This includes excessive consumption of network or system resources whether intentional or unintentional. This also includes "denial of service" (DoS?Create|Search) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the user's responsibility to ensure that their system is configured, operated, and used in a manner to avoid excessive consumption of network or system resources. It is the user's responsibility to ensure that their system is configured in a secure manner. A user may not, through action or inaction, allow others to use their system for illegal or inappropriate actions. A user may not permit their system, through action or inaction, to be configured in such a way that gives a third party the capability to use their system in an illegal or inappropriate manner. m. News: Wayport users should use their best judgment when posting to any newsgroup. Many newsgroups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. USENET can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please be familiar with basic USENET "netiquette" before posting to a newsgroup. n. High Volume, Server Hosting, and non-traditional end user activities: The Services are intended for an end user's periodic active use of email, instant messaging, browsing the World Wide Web, and other typical end user activities. High volume data transfers, especially sustained high volume data transfers, are prohibited. Hosting a web server, IRC server, or any other server is prohibited. Accordingly, Wayport maintains the right to terminate any user's connection following the detection of any high volume data transfer, server hosting, or non-traditional end user activity as determined by Wayport. Wayport requests that anyone who believes that there is a violation of this AUP direct the information to: aup-watchdog@Wayport.net. If available, please provide the following information: * The IP address used to commit the alleged violation * The date and time of the alleged violation, including the time zone or offset from GMT * Evidence of the alleged violation When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. Wayport may take any one or more of the following actions, or other actions not listed, at Wayport's sole discretion in response to complaints: * issue warnings: written or verbal * suspend the Member's account * terminate the Member's account * bill the user for administrative costs and/or reactivation charges, with a minimum administrative cost, if assessed, of $250 per incident * bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Wayport reserves the right to revise, amend, or modify this AUP, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Wayport's website and will be effective as to existing users 30 days after posting same.
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