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August, 2001 - (version 1.1)
This represents the Online@ODU™ Acceptable Use Policy ("AUP") in its
entirety and supercedes any other written or oral policy. This policy defines the terms
and conditions all Account Holders and / or Users agree to when using all services
provided by Online@ODU. Online@ODU reserves the exclusive right to revise, change
or amend any portion of this Policy at any time, without advance notice to Users.
Users may view the most current version of this policy at
(http://www.odu.org/AUP.htm). Users using any services offered by
Online@ODU consent to be bound by and must comply with all policies in this AUP. At
the sole discretion of Online@ODU, any violators (User and / or Account Holder) of
this AUP may be permanently prevented from using the service, or face potential legal
prosecution.
1. INTERPRETATION
The provisions of this Policy are intended as guidelines and not meant to be exhaustive.
In general, any conduct that violates any laws, regulations, or any of the accepted norms
of the Internet community, whether or not expressly mentioned in this Policy, is strictly
prohibited. Online@ODU reserves the exclusive right at any and all times to prohibit
activities that in any way damage its commercial reputation and/or goodwill.
2. SYSTEM AND NETWORK SECURITY
Activities strictly prohibited:
- Tampering with other accounts, or committing unauthorized intrusions into any part of
Online@ODU or related systems, or use of any servers, files, accounts, or networks to
intrude without authorization into any other system or systems is strictly prohibited.
- Using accounts not provided or intended for use by User, or circumventing security
provisions in order to access services without incurring charges.
- Using the system in a manner that unfairly encumbers disk space, processors or other
system resources beyond those provided as part of the service or services purchased.
- Making deliberate attempts to interfere with a service, overload a service or attempt to
disable a host.
3. EMAIL
Activities strictly prohibited:
- Sending commercial e-mail to a recipient if recipient has requested that User
discontinue such communication.
- Transmitting e-mail that is harassing, libelous, defamatory, legally obscene or
pornographic, threatening, abusive or hateful to non-consenting recipients.
- Forging e-mail header information in any way.
- Using a User's account, or network connection, to collect e-mail replies of messages
sent from any other provider that violates the rules of this Policy or those of the
originating provider.
- Sending unsolicited e-mail messages ("Spamming"), including, without
limitation, commercial advertising and informational announcements, is explicitly
prohibited. A User shall not use another site's mail server to relay mail without the
express permission of the site.
4. GENERAL
All Users agree to abide by the following general provisions:
1a. Users are defined as authorized individuals who either 1) have paid the
applicable individual subscription rate for their personal use (individual access); or 2)
are obtaining access through the permission of the Account Holder who has paid the
applicable fees. (family access).
1. All e-mail services provided to the User by Online@ODU may only be used for lawful
purposes. Transmission, distribution or storage of any material in violation of any
applicable law or regulation is strictly prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws. Examples of non-acceptable
content or links: "Pirated Software", "Hackers programs or achieves",
"Warez Sites", "IRC Bots", MP3".
2. Online@ODU reserves the right, at its sole discretion, to prevent a User from
accessing the service at anytime if a violation of this AUP is determined.
Online@ODU
will be the sole arbiter as to what constitutes a violation of any and all sections of
this policy.
3. All services provided by Online@ODU are provided on an "as is" basis.
Online@ODU gives absolutely no warranty, expressed or implied, for any service(s)
provided, including, without limitation, warranty of merchantability and warranty of
fitness for a particular purpose. This expressly includes any financial reimbursement, of
any kind, for losses of income due to disruption of service by Online@ODU or its
providers.
4. User acknowledges that Online@ODU is not responsible for any damages arising from
the User's use of any service(s) provided by Online@ODU or User's inability to use any service(s) for any reason.
5. Online@ODU is not responsible in anyway for the content a User hosts on
Online@ODU servers, or for the reliability of the transmission of data across or
through the Online@ODU network.
6. User hereby agrees that any material submitted for publication or transmission on
Online@ODU managed and/or owned servers or network, will not contain anything leading
to an abusive or unethical use of the service. Abusive and unethical materials include,
but are not limited to pornography, obscenity, nudity, violations of privacy, computer
viruses, and any defamatory, harassing and harmful materials or uses. User hereby agrees
to indemnify and hold harmless Online@ODU, its directors, officers and employees from
any claim(s) resulting from your publication of materials or your use of those materials.
Online@ODU, at its sole discretion, may or may not give notice before deactivating or
preventing any customer from accessing Online@ODU when a violation this AUP is
determined in anyway.
7. Due to the public nature of the Internet, all information should be considered
generally accessible to the public and important or private information should be treated
carefully. Online@ODU is not liable for protection or privacy of electronic mail or
other information transferred through the Internet or any other network
Online@ODU or
its Users may utilize.
8. Use of any information obtained via Online@ODU is at your own risk.
Online@ODU
specifically denies any responsibility for the accuracy or quality of information obtained
through its services.
9. Use of other organizations' networks or computing resources is subject to their
respective permission and usage policies.
10. If Online@ODU prevents or permanently bans a User from using the service
for any reason, User agrees not to reregister without Online@ODU's written consent.
11. The User agrees to defend, hold harmless, and expeditiously indemnify
Online@ODU
from any and all liability, claim, loss, damage or expense arising out of User's breach or
violation of any covenant contained in this Policy, or resulting from the User's use of
the service.
12. User agrees to waive and hold Online@ODU harmless from any claims relating to any
action taken by Online@ODU as part of an investigation into a suspected violation of
this Policy or as a result of its conclusion that a violation of this Policy has occurred.
Therefore, User cannot sue or recover any damages whatsoever from Online@ODU as a
result of the decision to remove material from its server, or to suspend or terminate a
User's account.
13. Online@ODU reserves the right to kill off CPU or any other resource intensive
process, including but not limited to bandwidth, disk usage, etc…
5. POLICY ENFORCEMENT
When Online@ODU becomes aware of any alleged violation of this AUP, Online@ODU
will immediately initiate an investigation. Online@ODU, may at its own discretion
anytime during an investigation, restrict a User's access in order to prevent any further
possible unauthorized activity. During this investigation, Online@ODU will not read
any personal e-mail since Online@ODU does not store any passwords and does not have
the ability to login to a user's account for its own use. All user e-mail is considered
strictly private and can not be accessed by Online@ODU at anytime. Depending on the
severity of the violation, Online@ODU may, at its sole discretion, restrict, suspend,
or terminate a User's account and/or pursue other legal remedies. If such violation is a
criminal offense, Online@ODU will promptly notify the appropriate law enforcement
department of such violation.
6. REPORTING ABUSE OF THIS POLICY
Any party seeking to report any violations of this policy may send an e-mail to:
abuse@odu.org
Online@ODU™ is a trademark and brand owned by Access Technology Inc.
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| Access
Technology, Inc.
403 Twinridge Lane -- Richmond, VA 23235
804-355-9999 (Support) 804-355-1119 (Fax -
Support)
804-320-8399 (Business Office) 804-320-8166 (Fax -
Business Office) |
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