Pearl Technologies Internet Acceptable Use Policy (AUP)
Introduction
1.1. This Acceptable Use Policy applies to all users (“End Users”) of Pearl Technologies, LLC. ("Pearl Technologies") services (the "Services"). All End Users must comply with this Internet Acceptable Use Policy ("AUP"), Services are provided to an End User on express condition that he or she agrees to comply fully with all provisions of this AUP.
1.2. Pearl Technologies does not monitor under normal circumstances the content of any Web site, electronic mail transmission, news group, or other material created, transmitted, or accessed over or through the Services. However, we reserve the right to suspend or terminate any Services, or take any other action, if we believe that your use of the Services, in our sole discretion, may be illegal, subject Pearl Technologies to liability, or violate this AUP. Pearl Technologies may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Pearl Technologies does not accept responsibility for the content of the materials and information published by others, which are accessible through the Services, and does not accept responsibility for the violation of any laws resulting from such publication.
1.3. End Users must abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, and export controls, treaties and international law.
1.4. Use of Services constitutes an End User’s acceptance of and agreement to abide by all of the policies of Pearl Technologies, including this AUP, as such policies may be modified by Pear Technologies at any time and from time to time, and to use such services for lawful purposes in compliance with all applicable laws. Use of Pearl Technologies' services is at the risk of the End User.
Electronic Communications Privacy Act Notice (18 USC 2701-2711) Pearl Technologies MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY OTHER NETWORK. Pearl Technologies SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON Pearl Technologies' EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY Pearl Technologies, OR OTHERWISE CONNECTED WITH USE OF THE Pearl Technologies NETWORK.
Policies
2.1. Pearl Technologies accounts may be used only by the authorized owners of the accounts, except where specifically authorized by Pearl Technologies system administrators. Revealing your account username or password to others or allowing use of your account by others is prohibited.
2.2. Resale, trade of transfer any account without express written consent from Pearl Technologies is prohibited. Attempting to obtain access beyond that for which a customer is authorized will be grounds for immediate termination of such customer's account.
2.3. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the Pearl Technologies network to gain unlawful or unauthorized entry to another machine on the Internet or any other network; use of an Pearl Technologies account to or attempt to alter or destroy data belonging to Pearl Technologies or another user on any computer network; and use of the Pearl Technologies system as a staging ground to "crack" other systems will be grounds for immediate termination of such customer's account.
2.4. Transmission, redistribution, reproduction or commercial exploitation of information available on Pearl Technologies' network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such customer's account.
2.5. Abusive or inappropriate use of any Service, including any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user form accessing the Internet, interferes with the proper operation of Pearl Technologies' network or impairs the availability, reliability or quality of Pearl Technologies service for other customers will be subject to the sanctions described below.
2.6. General: It is also a violation of this AUP for any End User to affect or participate in any of the following activities:
2.6.1. exporting software or technical information in violation of U.S. export control laws;
2.6.2. making fraudulent offers of items, products, or services originating from a customer's account;
2.6.3. using non-authorized relays through any third party systems, or using or tolerating the use by others of Services as a relay for any use not permitted by this AUP;
2.6.4. "flooding" or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
2.6.5. storing or distributing on Pearl Technologies servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;
2.6.6. using programs such as packet sniffers, host and/or service monitoring or other similar programs;
2.6.7. engaging in any of the above activities using the service of another provider but channeling such activities through an Pearl Technologies account or re-mailer or using Pearl Technologies account as a mail drop for responses;
2.6.8. directing commercial advertising to groups in violation of their charters;
2.6.9. publishing or distributing obscene or defamatory materials; and
2.6.10. willfully violating the posted Acceptable Use Policy of any Internet Service Provider (ISP) or network.
2.6.11. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable federal, state, local or international law, or any rules or regulations promulgated there under, or permitting any other person to do any of the foregoing, whether through action or inaction.
2.6.12. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
2.6.13. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
2.6.14. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
2.6.15. Fraudulent acts. Using the Services to make fraudulent offers to sell or buy goods or services or to conduct any type of financial scam, including without limitation "pyramid schemes," "Ponzi schemes," and "chain letters."
2.7.16. Unsolicited messaging. Using the Services to transmit or facilitate any unsolicited advertising or promotional messaging, or bulk messaging, including but not limited to email and instant messages.
2.7.17. Forgery or impersonation. Adding, removing or modifying identifying network header information to deceive or mislead, or to impersonate any person (excluding using anonymous remailers or nicknames not intended to impersonate and deliberately misleading headers ("munging" headers) in news postings to safeguard against spam email address collectors).
2.7.18. Unauthorized access. Using the Services to access, or attempt to access, accounts of others, or to penetrate, or attempt to penetrate, security systems of Pear Technologies or any other organization, or to access or attempt to access the communications network of Pearl Technologies or any other organization without authority, whether or not such actions disrupt or affect any data or other information.
2.7.19. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of another, including without limitation, unauthorized copying of copyrighted material, digitization and distribution of photographs from publications, web sites, or other copyrighted sources, and unauthorized transmission of copyrighted software.
2.7.20. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about others without their knowledge or consent.
2.7.21. Network disruptions. Using the Services in any manner which adversely affects the ability of other people or systems to use the Services, including without limitation "denial of service" (DoS) attacks against another network host or user, interfering with or disrupting use or enjoyment of the Services by other users, or tampering with any network equipment (whether in or out of the site of use).
2.8. Email, Newsgroups and Internet Relay Chat
2.8.1. Email is a person-to-person medium and not a broadcast medium. Harassing others by "mail-bombing" or "spamming", which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than ten (10) similar mail messages to the same email address, or 10Mb of data to a newsgroup is grounds for termination of a customer's account. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats is also strictly prohibited and is grounds for termination.
2.8.3. Certain restrictions relating to newsgroup postings have been established by Usenet and are respected by Pearl Technologies. Customers of Pearl Technologies unconditionally agree to abide by such restrictions, protocols and policies in using their accounts.
2.8.4. The following activities are specifically prohibited by Pearl Technologies in connection with the use of email, newsgroup or IRC services:
2.8.4.1. distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";
2.8.4.2. sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using Pearl Technologies Internet's email address to collect responses from unsolicited email;
2.8.4.3. attempting to impersonate any person, using forged email or Usenet headers or other identifying information;
2.8.4.4. using a news server for software distribution, cross-posting messages to more than 10 newsgroups and posting off-topic messages and advertising to newsgroups;
2.8.4.4. posting frivolous, excessively vulgar or repetitious messages to newsgroups;
2.8.4.5. posting binary or excessively large unrelated text files to non-binary newsgroups;
2.8.4.6. installing "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others;
2.8.4.7. transmitting blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroups' topics; and
2.8.4.8. using IRC bots in violation of any accepted policies on IRC servers.
2.8.4.9. Posting to any newsgroup in violation of a group's charter, published guidelines, FAQs, "community standards", other "netiquette" standards, this AUP, or any law or regulation, including without limitation continued posting of off-topic articles or advertisements, deleting or canceling another's posting. We reserve the right to delete or cancel any posting which violates this AUP.
If you decide to use our service to offer any public information service, such as running a web server or FTP server, you will experience a diminution in performance. We are not responsible for any diminution of service resulting from your operation of such public information services.
End User Responsibilities
3.1. All End Users who publish materials and information which are accessible through the Services are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information.
3.2. Each Pearl Technologies account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password, and for charges incurred by a person who has obtained such account holder's username and/or password prior to such account holder's notification to Pearl Technologies of such fact.
3.3. Pearl Technologies customers are solely responsible for all traffic emanating from their networks. Each End User is responsible for ensuring that his or her site of use and computer and other network facilities at the End User's premises are protected against unauthorized access and are continuously configured in a secure manner. If an End User is provided a password or other security device by which to access or use the Services, the End User shall safeguard and maintain the integrity and confidentiality of such password or security device.
3.4. Also, each account holder must immediately notify Pearl Technologies of any unauthorized use of such account holder's account, of any breach or attempted breach of security, if it is believed that such account holder's password has been compromised or of any other violations of this AUP.
Actions by Pearl Technologies for Noncompliance or Violation
4.1. Use of an Pearl Technologies account or service in an illegal manner is grounds for immediate termination of such account. End Users should be aware that Pearl Technologies views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom Pearl Technologies will fully cooperate. Pearl Technologies will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.
4.2. Pearl Technologies reserves the right to conduct its own investigation of suspected violations of this AUP.
4.3. Each account holder understands and acknowledges that Pearl Technologies has the right to terminate any account for any reason that Pearl Technologies interprets as a violation of this AUP and such account holder will be liable for any and all costs incurred by Pearl Technologies as result of such violation.
4.4. Pearl Technologies will review alleged violations of this AUP on a case-by-case basis. Violations, which are not promptly remedied, may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. Pearl Technologies's decisions in all such matters are final. Pearl Technologies does not assume any liability to any account holders, users or others for its failure to enforce this AUP.
4.5. Nothing herein is to be construed to limit Pearl Technologies' remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.
4.6. Pearl Technologies may take any one or more of the following actions in response to a reported violation of this AUP:
issue verbal or written warnings to the offending End User.
suspend the End User's Services.
terminate the End User's Services.
invoice the End User for administrative costs and expenses associated with his or her violation of this AUP, all of which costs and expenses shall be paid by the End User in full within twenty-five (25) days of invoice date.
bring legal action against the End User to enjoin violations and/or to collect damages, if any, caused by violations, without prejudice to any other rights at law or in equity which Pearl Technologies may have against the End User or any other party.
Pearl Technologies RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE.
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