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This document defines the Acceptable Usage Policies ("AUP") for the Services of nLayer Communications, Inc.("nLayer"). These policies are designed to ensure the integrity, security, reliability, and privacy of both nLayer customers, and users of the Internet in general.
1. Prohibited Activities.
- violating the Acceptable Use Policies of any networks, machines, or services which are accessed through nLayer's network;
- infringing upon the intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets, of nLayer or others;
- engaging in deceptive online marketing practices or schemes including, without limitation, practices that violate the United States Federal Trade Commission's guidelines;
- attempting to interfere with, degrade, or deny service to any user or host (e.g. denial of service attacks);
- introducing malicious programs into a network or server (e.g. viruses, worms, Trojan horses, etc.);
- breaching or attempting to breach security, including but not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access;
- attempting to circumvent authentication or security of any host, network, or account ("cracking");
- scanning or monitoring the networks of others without permission;
- intercepting data not intended for the Customer (e.g. packet sniffer);
- sending, posting or hosting harassing, abusive, threatening, or defamatory materials;
- intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, mailing headers, and Internet protocol addressees;
- transmitting or facilitating the transmission of unsolicited bulk email
- hosting material or electronic mailboxes advertised via unsolicited bulk email;
- making available any software, program, product, or service that is designed to violate any this AUP;
- collecting email addresses from the Internet for the purpose of sending unsolicited bulk email, or to provide collected addresses to others for that purpose;
- maintaining an open mail relay;
- attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of nLayer products or services;
- using the nLayer connectivity for any illegal purposes, in violation of any applicable laws, regulations, treaties, or tariffs, or in violation of the rules of any other service providers, web sites, chat rooms or the like;
- any activity which violates the privacy of others; or
- assisting or permitting any persons in engaging in any of the activities described above.
2. Third Party Complaint Process.
nLayer receives (at abuse@nlayer.net)
complaints ("Complaints") from third parties regarding
Prohibited Activities allegedly being conducted by a Customer or its
Users. nLayer will take the following actions to document and resolve
each complaint received by nLayer related to a Customer or its
Users:
2.1 First Complaint.
Upon receipt of the initial
complaint from a third party regarding Prohibited Activity by a Customer
or its User, nLayer will send a communication (the "First
Communication") to the Customer notifying them of the Complaint, so
that the Customer can identify and remedy the Prohibited Activity.
2.2 Second Complaint.
Upon receipt of a second
complaint after the date of the First Letter related to the same or
similar Prohibited Activity of Customer described in the First Letter that
clearly indicates that the Prohibited Activity continued after the date of
the First Letter, nLayer will send a second communication (the
"Second Communication") with a copy of the second complaint to
the Customer and request that Customer respond in writing to nLayer with
an explanation and time-line of the actions to be taken by Customer to
remedy Prohibited Activity. If the Customer does not respond to nLayer's
communication within ten (10) business days, nLayer will bill the Customer
$1,000 USD to cover nLayer's administrative costs associated with the
Prohibited Activities of the Customer.
2.3 Third Complaint.
Upon receipt of a third complaint
after the date of the Second Letter related to the same or similar
Prohibited Activity of Customer described in the Second Letter that
clearly indicates that the Prohibited Activity continued after the date of
the Second Letter, nLayer will send a third and final communication (the
"Third Communication") with a copy of the third complaint to the
Customer and request again that the Prohibited Activity cease immediately.
In the event that the Prohibited Activity does not cease within five (5)
business days, nLayer will terminate or suspend its services to the
Customer, and will only resume service when it receives adequate
assurances that such activity will not continue. nLayer will also bill its
Customer $5,000 USD to cover nLayer's administrative costs associated with
the Prohibited Activities.
3. Suspension and Termination of Service,
nLayer reserves the right to suspend and/or terminate a Customer's
Service at any time for any material failure of Customer, its
Representatives or its Users to comply with these Rules and Regulations.
Any such suspension does not relieve Customer of the obligation to pay any
outstanding fees.
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