FULLERENE PRODUCTIONS INC. ACCEPTABLE USE POLICY|
Fullerene Productions Inc's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Fullerene Productions Inc's Hosting Services (the "Services") must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. However, in accordance with our Network Services Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Fullerene Productions Inc may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services or other actions as detailed in Section 3. This AUP should be read in conjunction with our Network Service Agreement and other policies or agreement then in effect.
This Policy recognizes the fundamental fact that no one owns or controls the internet. Fullerene Productions Inc does not have the ability to monitor and control all of the activities of our Customer, and we do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customer. Our Customers, not FP, are solely responsible for and assume all liability relating to their internet activities, including:
A. All aspects of the Customer's business;
B. All content and data provided by or through a Customer for use with the Services;
C. Decisions about Customer's computer and communications systems needed to access the Services;
D. All results obtained from using the Services;
E. Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services;
F. Use of the Services by Customer's end users;
G. Compliance with this Acceptable Use Policy by the Customer and Customer's end users.
2. Activities conducted on the internet are subject to many of the same laws and regulations applicable to the offline environment
In addition, a Customer's activities on the internet may affect other internet users, Fullerene Productions Inc, or the safety or security of the Services. Consequently, our Customer must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customer will violate this Policy when they or their affiliates engage in any of the following activities:
* Using the Services to violate any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, spamming, privacy, data transfer, and telecommunications;
* Using the Services in a manner which presents a material security risk or will interfere materially with the continued operation of a data center or the Services;
* Using the Services in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights of publicity, including failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works or derivative works protected by intellectual property laws or removing or altering applicable copyright, trademark, or patent notices;
* Using the Services in a tortious manner, including without limitation engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved;
* Introducing viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
* Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, in violation of applicable law;
* Using the Services to gain illegal or unauthorized access to other computers or networks through hacking or other means;
* Assisting in or permitting any persons to engage in any of the activities described above.
As stated above, our Customer bears the responsibility for ensuring compliance with this Acceptable Use Policy by the Customer and its end users. FP will not regularly monitor Customer's online activities to ensure compliance with this Policy or applicable law. However when we become of aware of harmful activity, we reserve the right to take remedial action, up to and including termination of the Customer's use of the Services. We anticipate that our Customer will cooperate with us in any reasonable corrective action that we deem necessary to ensure compliance or prevent further harm. Failure to cooperate with such corrective or preventive measures is a violation of this Policy.
3. Reporting Violations of Fullerene Productions Inc's AUP
Anyone who believes that there is a violation of this AUP should send e-mail to firstname.lastname@example.org.
If available, please provide the following information:
A. The IP address used to commit the alleged violation
B. The date and time of the alleged violation
C. Evidence of the alleged violation
E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
Fullerene Productions Inc may take anyone or more of the following actions in response to complaints:
A. Issue warnings: written or verbal
B. Suspend the Client's account
C. Terminate the Client's account
D. Bill the Client for administrative costs and/or reactivation charges
E. Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
It is important for all of our Customer to read and understand this Acceptable Use Policy. By using the Services and signing the Master Customer Agreement, our Customer agree to comply with this Policy and also agree to indemnify Fullerene Productions Inc against any claims by third parties arising from violation of this Policy.
4. Modification of this Policy
Fullerene Productions Inc reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting. Fullerene Productions Inc will send a notification of AUP change e-mail to our customers upon such changes. Continued use of the Services following any changes shall constitute acceptance of the changes.