Acceptable Use Policy

Liberty Center One’s (“LCO”) Acceptable Use Policy (“AUP”) is designed to help protect LCO’s customers and the Internet community from irresponsible or illegal activities and to provide a high quality of service to LCO’s customers. LCO reserves the right to modify this AUP at any time. In such cases, LCO agrees to notify Customer of change in writing at least 30 days prior to the effective date. By purchasing the Services provided by LCO, Customer agrees to abide by this AUP as modified from time to time. If Customer violates, in the sole determination of LCO, one or more of these acceptable use policies, LCO reserves the right to suspend and/or terminate Service without notice. Customer is solely liable and responsible for the use of the Services and for any content that is displayed, downloaded, or transmitted through the use of the Services. LCO does not host or promote any sites which contain pornographic, gambling, or “hate group” content of any type. Any Customer or site in violation of this policy is subject to immediate termination without notice.

Customer may not use the Services for illegal activities or for conduct harmful to others, including, but not limited to:

• The creation or distribution of any material illegal under federal, state, or local laws or regulations.
• Infringement of intellectual property rights or other proprietary rights including, without limitation, materials protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
• Transmission, dissemination, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive or privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
• Dissemination of hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routings that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
• Offering or dissemination fraudulent goods, services, schemes, or promotions (i.e. make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.

Sending unsolicited commercial or advertising material (also referred to as spam) is strictly prohibited. Using any email address hosted by LCO to collect responses from unsolicited commercial email is also prohibited. In addition, Customer may not distribute and /or publish the following types of email:

• Harassing and malicious e-mail, whether through language, frequency, or size of messages, including without limitation “mailbombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses).
• E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
• Any use of LCO’s mail servers or another website’s mail server to relay mail without the express permission of the account holder of the website. Posting the same or similar messages to one or more newsgroups (excessive cross-posting or multi-posting) also is explicitly prohibited. Multiposting is defined as posting to 10 or more groups within a two-week sliding window.

Using a personal email or new group account for high volume or commercial use is prohibited.

Activities which adversely affect the ability of other customers or systems to use LCO Services are prohibited. This includes any attempts, whether successful or not, to gain access to any computer system, or customer’s data, without consent, which are prohibited. Any attempt to violate any third party server, system or network through the use of the Services is prohibited and may result in criminal and/or civil liability. Examples of server, system, or network security violations include, without limitation, the following:

• Deliberate unauthorized access to facilities or services accessible via LCOs network infrastructure, or any activity designed, either intentionally or unintentionally, to disrupt network or host resources or to degrade network performance to any users connected to either LCO’s network or to those networks LCO connects to.
• Unauthorized access to or use of data, systems or server or networks, including any attempt to probe, scan or test the vulnerability of a system server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
• Unauthorized monitoring of data or traffic on any network server or system without express authorization of the owner of the system, server or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/scrip/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
• Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of nicknames, aliases or anonymous remailers.
• Using manual or electronic means to avoid any use limitations place on the Services such as timing out.
• Failing to prevent unauthorized access to accounts, including any account passwords.

Other prohibited activities include:

• Any belligerence, hostility, use of profanity, abuse or antagonism on the part of, or lack of cooperation from, individuals at or in Customer’s organization or premises when dealing with any LCO personnel during enforcement of the Agreement, network troubleshooting, accounting or any other dialog – written, verbal or otherwise or in connection with use of LCO products or services.
• Any use after LCO has requested that use cease because it is causing disruption to the correct functioning of LCO equipment or service or the equipment or service of third parties. Untimely payment of any and all amounts due may result in account suspension and/or cancellation. If this occurs, LCO accepts no liability for lost web site traffic, lost email, or any other business interruption.

In the event that an account is inactivated or suspended as a result of any prohibited activities, the account may be subject to deactivation charges, reactivation charges and/or deposit requirements. Due to the administrative cost associated with violations of these policies, LCO reserves the right to make a minimum administrative charge of up to $5,000 for each violation of this AUP. Accounts may be subject to other deactivation/reactivation charges and/or deposit requirements for repeated deactivations/reactivations.

It may be necessary for LCO to examine system logs and other records to resolve system problems.

LCO will cooperate with appropriate legal authorities in investigating any claims of illegal activity, including but not limited to transfer or use of copyrighted or illegal material, postings or email containing threats of violence, or other illegal activity.

If Customer is aware of or suspects any violation(s) of this policy, Customer agrees to report the suspected violation to LCO management. LCO will look into the matter and take appropriate action.

Compliance 

It is the responsibility of the Customer to take all reasonable steps to ensure compliance with the conditions set out in this Policy, and to ensure that unacceptable use of equipment and services does not occur. The discharge of this responsibility must include informing LCO of unacceptable use. Customer will inform its customers, employees and other authorized users of Customer’s service or equipment of their obligations under this Policy.

Notwithstanding any provision of any Agreement to the contrary, LCO may suspend service under or terminate any Agreement with Customer immediately in case of violations of this Acceptable Use Policy. Should the Customer fail to correct any violations promptly, and in any event, within 5 business days after being informed verbally or in writing by LCO of violation of this policy, LCO may terminate any Agreement with Customer.

Violations of this Policy which violate any law or regulation or which result in loss or damage to LCO or third parties may also result in a referral for appropriate civil or criminal legal action.

All costs, expenses and attorney fees that LCO incurs to pursue enforcement of the Policy or its Agreement with Customer shall be paid by the Customer or reimbursed to LCO by the Customer. LCO shall invoice Customer for such costs, expenses and attorney fees and said amount shall be payable by Customer within thirty (30) calendar days at the date of such invoice.