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Customer
shall not do any of the following, or
permit any third party under its control
(including its customers and their
authorized users) to do the following, and
must include provisions in its service
agreements for its customers and
authorized users that restrict them from
doing any of the following:
i.
restrict or inhibit any other user from
using and enjoying the Service and / or
the Internet; or
ii. upload, post, publish,
transmit, reproduce, distribute, or
participate in the transfer or sale, or
in any way exploit any information,
software or other material obtained
through the Internet which is PROTECTED
BY COPYRIGHT or other proprietary
rights or derivative works with respect
thereto, without obtaining permission
of the copyright owner or right holder;
or
iii. use the SMTP services of a
third party for the purposes of
relaying or sending electronic mail
messages without the express permission
of that third party; or
iv. host a publicly-accessible
"open relay" SMTP or anonymous remailer
service for any purpose, cause, or
reason; or
v. post a commercial
advertisement to any USENET newsgroup,
Internet "chat room", bulletin board,
or similar forum, if the target forum
is not specifically chartered for
public advertisement by non-private
parties of items "for sale" or
vi. post to any USENET Newsgroup
or other newsgroups, forum, email
mailing list or similar group or list
articles which are off-topic according
to the charter or other public
statement of the group; or
vii. send Unsolicited Commercial
Email (UCE, also known as SPAM) to any
number of email users or lists; or
viii. maintain, or send email
to, "opt-in targeted marketing lists"
if the Customer cannot demonstrate, to
ParagonHost's satisfaction, that the
members of the list(s) have knowingly
requested to be added to the list(s) in
question through direct action of their
own doing, and that easily-accessible,
automated opt-out / removal mechanisms
are in place and available to the
members of the list(s); or
ix. engage in any activity that
is, or appears to be, an attempt to
gain unauthorized access to a remote
system or network, or to gain
information that could later be used to
assist in gaining unauthorized access
to a remote system or network, such as
port scanning, dictionary attacks,
Denial of Service attacks, server /
service hijacking, etc.; or
x. engage in any of the
foregoing activities using the service
of another provider, but channeling
such activities through a ParagonHost
account or remailer, or using a
ParagonHost account as a mail drop for
responses to UCE, or hosting a Web site
that is advertised via UCE that
originates from a
non-ParagonHost-connected source, or
otherwise requiring return transit
through ParagonHost's Internet
backbone; or
xi. falsify or "spoof" user
information provided to ParagonHost or
to other users of the Service, and for
handling all complaints and trouble
reports made by its own customers and
authorized users; or
xii. use the Service in
violation or contravention of the
Communications Act of 1934, as amended
by the Telecommunications Act of 1996,
or any other applicable law,
regulation, order or other governmental
directive, or abuse or fraudulently use
the Service in any way not specifically
set forth above.
Further,
if customer is notified by ParagonHost's
Abuse Response Team, via email or the
Customer discovers on their own or through
any other means, that the Customer
themselves or any third party under
Customers control of a violation of this
AUP, the Customer will take whatever steps
are necessary to stop such activity, and
prevent repeat violations by the offending
entity.
The customer will respond to all
violations reported within 1 (one)
business day of the violation being
reported, and will have put a stop to the
activity within 2 (two) business days of
the violation first being reported.
ParagonHost reserves the right to
disconnect Customers systems until such
abuse has been eliminated.
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