NetCasters, Inc.
Acceptable Use Policy
This document defines the Acceptable Use Policy ("Policy") of products and
services provided by NetCasters, Inc. ("NetCasters") to all of its clients
and other users (collectively, "Client"). This Policy will ensure the integrity,
security, reliability and privacy of NetCasters’ network, systems, products,
services, server hosting facilities and data contained within (collectively,
the "NetCasters’ Network"). Client is responsible for continual compliance
of this Policy.
Client is prohibited from violating, or attempting to violate, the security
of NetCasters’ Network. Any violations may result in criminal and civil liabilities
to the Client. NetCasters will investigate any alleged violations and will
cooperate with law enforcement agencies if a criminal violation is suspected.
Examples of violations of the security of NetCasters’ Network include, without
limitation, the following:
- Accessing data not intended for such Client
- Logging into a server or account which the Client is not authorized
to access
- Attempting to probe, scan or test the vulnerability of a system
- Attempting to interfere with service to any user, host or network including,
without limitation, via means of overloading, "flooding", "email-bombing"
or "ping-bombing"
- Taking any action in order to obtain services to which the Client is
not entitled
NetCasters’ Network may only be used for lawful purposes. For example, Client
may not use the NetCasters’ Network to create, transmit, distribute, or store
material that:
- Violates a trademark, copyright, trade secret or other intellectual
property rights of others
- Violates the privacy, publicity or other personal rights of others
- Impairs the privacy of communications
- Contains obscene, offensive or inappropriate content
- Constitutes pornography
- May be threatening, abusive or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal offense or give
rise to civil liability
- Causes technical disturbances to NetCasters’ Network, including, but
not limited to, introduction of viruses, worms or other destructive computer
software
If Client becomes aware of any such activities, Client is obligated to immediately
notify NetCasters and take all other appropriate actions to cause such activities
to cease.
To ensure network viability and throughput, Client will transmit no more
than three (3) gigabytes of information during any particular calendar month,
unless otherwise agreed to by the parties in writing.
Posting the same or similar unsolicited e-mail messages, bulk commercial
advertising or informal announcements to one or more groups (known as "Spam")
is prohibited. Spam is not only annoying to Internet users, it seriously
affects the efficiency and cost-effectiveness of NetCasters’ Network. These
unsolicited messages can increase your costs by clogging NetCasters’ Network,
rendering your web site and/or applications inaccessible and potentially
leading to down time of your mission-critical Internet applications.
In addition, both UseNet AND E-Mail USERS may not:
- Send or post e-mail messages which are excessive and/or intended to
harass or annoy others
- Continue to send e-mail to a recipient that has indicated that he/she
does not wish to receive it
- Send e-mail with forged TCP/IP packet header information
- Take any other actions intended to cloak the Client's identity or contact
information
Client is responsible for all its content hosted by NetCasters. NetCasters
exercises no control over, and accepts no responsibility for, the content
of the information passing through NetCasters’ Network, including content
provided on any third party websites linked to NetCasters’ Network. Any website
links are provided as Internet navigation tools for informational purposes
only and not as an endorsement by NetCasters of the contents of such web
sites. NetCasters does not adopt, nor warrant the accuracy of, the content
of any linked website and undertakes no responsibility to update the content.
Use of any information obtained via NetCasters’ Network is at Client's own
risk.
NetCasters does not screen communications and is not responsible for screening
or monitoring content used by Client.
NetCasters reserves the right to suspend or terminate access to NetCasters’
Network upon notice of a violation of this Policy.
Indirect or attempted violations of this Policy, and actual or attempted
violations by a third party on behalf of a Client, shall be considered violations
of this Policy by such Client.
Client agrees to indemnify and hold harmless NetCasters, its officers, directors,
employees and agents from any losses, damages, costs or expenses resulting
from any third party claim or allegation ("Claim") arising out of or relating
to any use of NetCasters’ Network, including any Claim which, if true, would
constitute a violation of this Policy.
Under no circumstances shall NetCasters’ liability for any damages to Client
under this Policy exceed the amount Client paid for one (1) month's access
to NetCasters’ Network.
NetCasters reserves the right to modify this Policy at any time. If you are
unsure whether any contemplated use is permitted or have any comments regarding
prohibited use or other abuse of NetCasters’ Network, please direct questions
or comments to: legal@netcasters.com.