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Acceptable Use Policy |
| This is Our Acceptable Use Policy (AUP). This document contains information about what type of behavior is and is not permitted on our Network. This AUP applicable is to all the agreements and renewals. If you have any questions, please contact us at law@palcomonline.com |
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| The Internet is not owned or controlled by any single party, its openness and value is available without any prejudice, it therefore places an individual as well as collective responsibility on those who use the Internet, both in the information they receive and in the information they display to others. When users obtain information through the Internet, they must keep in mind that we cannot review, edit, censor, monitor, verify, warrant, or vouch or take responsibility for the accuracy and quality of the information that users may receive. For this reason, the users must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet and will not attempt to do so, we cannot accept any responsibility for any damage(s) to its users that results from inaccurate, unsuitable, offensive, or illegal Internet communications of any nature. |
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| Amendments to AUP |
| As a provider of web site hosting and other Internet-related services, we offer our customers and their customers and users, the means to receive and display a wealth of information. We believe that the Internet provides a platform for free exchange and display of information, however, when there are conflicts of interests, we reserve the right to take certain preventative or corrective actions. To protect these conflicting interests, We have developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is used as a guide to the customer's rights and obligations when utilizing Our services. This AUP will be revised from time to time based on the development-taking place in the Internet and its use. A customer's use of our services after changes to the AUP are posted on our web site, www.palcomonline.com will constitute the customer's acceptance of all new or additional terms of the AUP that result from those changes. |
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| Consequences of Violation of AUP |
| We will not, as an ordinary practice, monitor the communications of its customers and users to ensure that they comply with our policy or applicable law. When We become aware of harmful activities, however, we 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 network or take any other action we deems fit. 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 our network and may reach a large number of people, including both customers and users of our, customers' contents in the Internet may affect other customers and users and may harm our goodwill, business reputation, and operations. For such reasons, customers and users shall deem to violate our policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the prohibited activities including but not limited to the following: |
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| Violations of Intellectual Property Rights |
| Engaging in any activity that violates privacy, publicity, or other personal rights of others and or infringes, misappropriates the intellectual property rights of others, including trademarks, service marks, trade secrets, copyrights, software piracy and patents legally rightly held by individuals, corporations or other entities. We are required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is included in our policy to terminate the privileges of customers who commit repeat violations of copyright laws. |
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| Display and Transmission of Obscene Speech or Materials |
| Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network. You may not publish or transmit via our network and equipment any content that we reasonably believe: |
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Constitutes child pornography |
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Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; |
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Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; |
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Is defamatory or violates a person's privacy; |
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Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; |
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Improperly exposes trade secrets or other confidential or proprietary information of another person; |
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Is intended to assist others in defeating technical copyright protections; |
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Clearly infringes on another person's trade or service mark, patent, or other property right; |
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Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; |
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Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Palcom; or |
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Is otherwise malicious, fraudulent, or may result in retaliation against Palcom by offended viewers. |
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| Spamming |
| Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is harmful because it can overload our network and disrupt service to our customers and users. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we have the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Y ou must obtain our advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to our reasonable satisfaction: |
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Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure. |
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Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given |
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You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipients and our requests to produce consent evidence within 72 hours of receipt of the request. |
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The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at law@yourdomain.com ." |
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You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours. |
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You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address. |
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You must have a Privacy Policy posted for each domain associated with the mailing. |
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You have the means to track anonymous complaints and |
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You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail. |
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| 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). |
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| Distribution of Internet Viruses, Worms or Other Destructive or obstructive Activities |
| Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, 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. |
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| Defamatory or Abusive Language |
| Using our network as a means to transmit or post defamatory, harassing, abusive, or threatening language. |
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| Forging of Headers |
| Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. |
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| 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, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. |
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| Usenet Groups |
| Users must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. |
You must comply with the rules of any other network you access or participate in using our services.
We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. |
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| Illegal Drugs Trading Activities |
| Engaging in activities that are determined to be illegal, including but not limited to on-line trading of banned drugs including Diazepam tablets and other psychotropic substances and on-line treading or activities leading to trade, import or export of banned drugs and other psychotropic substances as per the provisions of NDPC Act 1985. |
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| 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. |
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| Other Activities |
| Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our users, operations, reputation, goodwill, or customer relations. |
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| As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the users. We also are aware that many of our customers and users are, themselves, providers of Internet services, and that information reaching our facilities from those customers and users may have originated from a customer of the users or from another third-party. We do not require our customers and users who offer Internet services to monitor or censor transmissions or web sites created by customers of its customers and users. We have the right to directly take action against a customer of users. Also, we may take action against our users because of activities of a customer of the users, even though the action may affect other customers of the users. Similarly, we expect that our customers and users who offer Internet services will cooperate with us in any corrective or preventive action that we deems fit under the law. Failure to cooperate with such corrective or preventive measures is a violation of Our AUP. |
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| Disclaimer |
| We will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. We may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. We may disclose information, including but not limited to, information concerning a users, a transmission made using our network, or a web site, in order to comply with a court order, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform the users that users' information has been provided and in some cases may be prohibited by law from giving such notice. Finally, we may disclose users' information or information transmitted over its network where necessary to protect others and ourselves from harm, or where such disclosure is necessary to the proper operation of the system. |
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| We hope this AUP is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet. Any complaints about a user's violation of this AUP should be sent to law@palcomonline.com |
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