Oaks Data Systems, Inc. - Acceptable Use Policy

Acceptable Use Policy

This Acceptable Use Policy specifies the actions prohibited by Oaks Data Systems, Inc. to users of the Oaks Data Systems Network. Oaks Data Systems reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL:

Illegal use: The Oaks Data Systems Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is 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.

System and network security: Violations of system or network security are prohibited, and may result in criminal and civil liability. Oaks Data Systems will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

(A) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

(B) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Email: Sending unsolicited mail messages, 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.

News Groups: Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Oaks Data Systems SUBSCRIBER OR A SUBSCRIBER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH SUBSCRIBER OR END USER.

Noninfringement policy: Neither party hereto shall have the right to use the other's name, trademark, or trade name, to refer to this agreement in connection with any product, promotion, or publication without the prior written consent of the other party.

Confidentiality: No information exchanged between the parties hereto shall be considered confidential unless it is the subject of a separate written confidential non-disclosure agreement.

Rights and obligations; disclaimer of warranties: Provider shall operate and maintain the service subject to the limitations provided herein of this agreement. If data from any source leaves the provider and enters any other network, that data must follow the acceptable use rules of the entered network (including member networks, regional of backbone networks). It is the responsibility of the subscriber where this traffic entered the provider to adhere to this requirement. Provider does not exercise any control whatsoever over the content of the information passing through provider's network. Any traffic which is disruptive or destructive of any source is prohibited.

Under no circumstances shall provider, (or its shareholders, directors, officers, affiliates, employees), agents, representatives or their employees, or contractors be liable for any direct, indirect, incidental, special, consequential or punitive damages that result in any way from subscriber's use of or inability to use the service or to access the internet or any part thereof, or subscriber's reliance on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

Under no circumstances shall provider, (or its shareholders, directors, officers, affiliates, employees), or their employees or contractors be liable for any acts of god, strikes, local exchange carriers' or competitive access providers' disconnection, shut down or otherwise denial of access by provider's upstream.

In no event shall provider be deemed liable or at fault for any failure to perform or any delay in the performance of its obligations hereunder if such failures or delays in that performance of said obligations are due to strikes, compliance with applicable law, inclement weather, actions of god or any other factor or event beyond its reasonable control, foreseeable or unforeseeable.

Default provision; failure to comply with agreement: Provider may deny subscriber access to any and all or part of the service, or may cut off subscriber's access or refuse to post or remove any information or materials proposed to be posted by subscriber or subscriber's authorized users, if subscriber or subscriber's authorized users engage(s) in any conduct or activities that provider, in its sole discretion, reasonably believes violates any law ordinance, etc or any of the terms and conditions in this agreement, including but not limited to nonpayment for services; provided that, in the cause of denial or cut-off access, provider shall give subscriber 5 business days or written notice,( "notice period") of its intention to deny or cut-off access; and if subscriber remedies the violation within such notice period, provider shall not deny or cut-off access.

If provider denies subscriber access to the service under the provisions of this section, neither subscriber nor its authorized users shall have any right to access through provider's materials stored on the internet, to obtain any credit(s) otherwise due to subscriber, and such credit(s) will be forfeited, and to access third-party services, merchandise or information on the internet through provider. Further, in the event that services is denied or cut-off pursuant to the provision herein, provider shall have no responsibility to notify any third-party providers of services, merchandise or information of such action nor shall provider assume any responsibility for any consequences from any lack of notification.

Notwithstanding the foregoing, provider reserves the right to terminate service immediately and without any notice to subscriber in order to maintain system integrity or to comply with any law, regulation, court order or any other governmental request, and no liability shall result therefrom on provider's behalf.

Indemnification: Subscriber agrees to defend, indemnify and hold provider, its directors, shareholders, affiliates, employees, representatives, agents, and contractors harmless from any and all liabilities, costs, expenses, including reasonable attorney's fees, related to or arising from: (a) the use of the service or the internet or the placement or transmission of any message, information, software, or other materials on the internet by subscriber, and/or subscriber's authorized users; (b) negligent acts or omissions of subscriber's officers, employees, representatives, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by provider which are connected or are to be connected to the service; (c) claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by provider in connection with the service, and (d) claims of copyright resulting from the use of internet and/or subscriber's authorized users.

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