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User's Responsibilities. When subscribers
disseminate information through the Internet, they also must keep
in mind that Pacific Online does not review, edit, censor or take
responsibility for any information its subscribers may create.
When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation,
and other harmful speech. Also, because the information they create
is carried over Pacific Online's network and may reach a large
number of people, including both subscribers and nonsubscribers
of Pacific Online, subscribers' postings to the Internet may affect
other subscribers and may harm Pacific Online's goodwill, business
reputation, and operations. For these reasons, subscribers violate
Pacific Online policy and the terms of service agreement when they,
their customers, affiliates, or subsidiaries engage in the following
prohibited activities:
- Spamming. Sending unsolicited bulk and/or
commercial messages over the Internet (known as "spamming").
It is not only harmful because of its negative impact on consumer
attitudes toward Pacific Online, but also because it can overload
Pacific Online's network and disrupt service to Pacific Online
subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Pacific Online has the discretion
to determine from all of the evidence whether the email recipients
were from an "opt-in" email list.
- Intellectual Property Violations. Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents held
by any third party, or engaging in activity that violates privacy,
publicity, or other personal rights of others. Pacific Online
is required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement. It
is also Pacific Online's policy to terminate the privileges of
customers who commit repeat violations of copyright laws.
- Obscene Speech or Materials. Using
Pacific Online's network to advertise, transmit, store, post,
display or otherwise make available any speech or material that
is, under law, pornographic or obscene. Pacific Online is required
by law to notify law enforcement agencies when it becomes aware
of the presence of child pornography on or being transmitted
through Pacific Online's network.
- Defamatory or Abusive Language. Using
Pacific Online's network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
Forging of Headers. Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
- Illegal or Unauthorized Access to Other Computers or Networks. Accessing
illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other information
gathering activity).
- Distribution of Internet Viruses, Worms,
Trojan Horses, or Other Destructive Activities. Distributing
information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing,
or denial of service attacks. Also, activities that disrupt
the use of or interfere with the ability of others to effectively
use the network or any connected network, system, service,
or equipment.
- Facilitating a Violation of this AUP. Advertising,
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP or the
AUP of any other Internet Service Provider, which includes the
facilitation of the means to spam, unsolicited bulk or consumer
email, initiation of pinging, flooding, mail bombing, denial
of service attacks and piracy of software.
Export Control Violations. Exporting encryption software over the Internet
or otherwise, to points outside the United States.
- Usenet Groups. Pacific Online reserves
the right not to accept postings from newsgroups where we have
actual knowledge that the content of the newsgroup violates the
AUP.
- Other Illegal Activities. Engaging
in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
- Other Activities. Engaging in activities,
whether lawful or unlawful, that Pacific Online determines to
be harmful to its subscribers, operations, reputation, goodwill,
or customer relations.
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The primary responsibility for avoiding the harmful activities
just described rests with you. Pacific Online will not, as an ordinary
practice, monitor the communications of its subscribers to ensure
that they comply with Pacific Online policy or applicable law.
When Pacific Online becomes aware of harmful activities, however,
it may take any action to stop the harmful activity, including
but not limited to, removing information, shutting down a web site,
implementing screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems
appropriate.
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