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Acceptable Use Policy
Acceptable Use Policy

Acceptable Use Policy

As a provider of Internet access, web site hosting, and other  Internet-related services, e.media.it offers its customers, their customers,  and end-users (collectively known as “Subscribers”), the means to  acquire and disseminate public, private, commercial, and  non-commercial information.

e.media.it respects that the Internet provides a  forum for free and open discussion and dissemination of information,  however, when there are competing interests at issue, e.media.it reserves the  right to take certain preventative or corrective actions. In order to  protect these competing interests, e.media.it has developed an Acceptable Use Policy (”AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to  the customer’s rights and obligations when utilizing e.media.it’s services. This AUP will be revised from time to time. A customer’s use of e.media.it’s  services after changes to the AUP are posted on e.media.it’s web site, www.e-mediait.com will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

e.media.it Customers agree to and are responsible for regularly reviewing  this Policy. Continued use of e.media.it services following any changes  shall constitute acceptance of those changes by Customer.

This policy recognizes the fundamental fact that no one owns or  controls the Internet. e.media.it cannot monitor or control all activities  of our Customers and their clients. We do not intend to actively screen,  review, censor, edit or take responsibility for the activities or  content of our Customers. Customers, not e.media.it, assume all  responsibility relating to their Internet activities including, but not  limited to:

  • Aspects of the Customer’s business
  • Content and data provided by or through a Customer
  • Customer’s computer and communications systems needed to access the Services
  • Results obtained from using e.media.it Services
  • Compliance with all applicable laws and governmental regulations regarding Customer’s business or use of the Services
  • Use of the e.media.it services by Customer’s end users
  • Compliance with this Acceptable Use Policy by the Customer and Customer’s end users

Activities conducted on the Internet are subject to many of the same  laws and regulations applicable to the offline environment. Customers  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.

Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Spamming — Sending unsolicited bulk and/or  commercial messages over the Internet (known as “Spamming”) is prohibited. It is not  only harmful because of its negative impact on consumer attitudes toward  e.media.it, but also because it can overload e.media.it’s network and disrupt  service to e.media.it Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, e.media.it has the discretion to  determine from all of the evidence whether the email recipients were  from a “Confirmed Opt-in” email list.  With Confirmed Opt-in (also  called Closed-Loop Opt-in) the email recipient has verifiably confirmed  permission (also known as “Verifiable Confirmation Information”) for the  address to be included on the specific mailing list, by confirming  (responding to) the list subscription request verification. This is the  standard practice for all responsible Internet mailing lists, as it  ensures users are properly subscribed, from a working address, and with  the address owner’s consent.  e.media.it reserves the right to request from  Subscriber the Verifiable Confirmation Information and to verify this  information with the email recipient.

Intellectual Property Violations — Engaging in any  activity that infringes or misappropriates the intellectual property  rights of others, including copyrights, trademarks, service marks, trade  secrets, software piracy, and patents held by individuals,  corporations, or other entities. Also, engaging in activity that  violates privacy, publicity, or other personal rights of others. e.media.it is required by law to remove or block access to customer content upon  receipt of a proper notice of copyright infringement. It is also e.media.it’s  policy to terminate the privileges of customers who commit repeat  violations of copyright laws.

Obscene Speech or Materials — Using e.media.it’s network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.

Child Pornography — Using e.media.it’s network to  advertise, transmit, store, post, display, or otherwise make available  child pornography.  e.media.it has a no tolerance policy  for child pornography, and accounts reported to e.media.it as potentially  containing child pornography will be immediately disabled and/or  terminated and reported to proper authorities.

Defamatory or Abusive Language — Using e.media.it’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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).

Security Scans —  e.media.it understands the needs of our  Subscribers to meet certain industry requirements that require  Subscriber or a third party engaged by Subscriber to conduct security  scans of the Subscriber account or web site.  In order to prevent scans  from affecting other customers and harming e.media.it’s systems, any scan  must be coordinated in advance with e.media.it. Please e-mail [email protected] to make arrangements at least one week prior to security scan.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive 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.

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.  This  can include failure to update software used on Subscriber account or web  site that is known to be vulnerable to malicious activity or  exploitation.  e.media.it also expects Subscriber to use secure passwords to  protect Subscriber account and associated email accounts.

Usenet Groups — e.media.it reserves the right not to  accept postings from newsgroups where we have actual knowledge that the  content of the newsgroup violates the AUP.

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.

Other Activities — Engaging in activities, whether  lawful or unlawful, that e.media.it determines to be harmful to its  Subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful  activities just described rests primarily with the Subscriber. e.media.it will not, as an ordinary practice, monitor the communications or content  of its Subscribers to ensure that they comply with e.media.it policy or  applicable law. When e.media.it becomes aware of harmful activities, however,  it 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 Internet, or take any other action it deems appropriate.

e.media.it will not intentionally monitor private electronic mail messages  sent or received by its Subscribers unless required to do so by law,  governmental authority, or when public safety is at stake. e.media.it may,  however, monitor its service electronically to determine that its  facilities are operating satisfactorily. Also, e.media.it may disclose  information, including but not limited to, information concerning a  Subscriber, a transmission made using our network, or a web site, in  order to comply with a court order, subpoena, summons, discovery  request, warrant, statute, regulation, or governmental request. e.media.it assumes no obligation to inform the Subscriber that Subscriber  information has been provided and in some cases may be prohibited by law  from giving such notice. Finally, e.media.it may disclose Subscriber  information or information transmitted over its network where necessary  to protect e.media.it and others from harm, or where such disclosure is  necessary to the proper operation of the system.

e.media.it expects that its Subscribers who provide Internet services to  others will comply fully with all applicable laws concerning the privacy  of on-line communications. A Subscriber’s failure to comply with those  laws will violate e.media.it policy. Finally, e.media.it wishes to emphasize that  in accepting the service agreement, Subscribers indemnify e.media.it for any  violation of the service agreement, law, or e.media.it policy, that results  in loss to e.media.it or the bringing of any claim against e.media.it by any  third-party. Additionally, if there is any dispute about or involving  the services, subscribers agree that any such dispute will be governed  by the laws of the Province of Alberta  without regard to its conflict of  law provisions. This means that if e.media.it is sued because of a  Subscriber’s or customer of a Subscriber’s activity, the Subscriber will  pay any damages awarded against e.media.it, plus costs and reasonable  attorneys’ fees.

We hope this AUP is helpful in clarifying the obligations of Internet  users, including e.media.it and its Subscribers, as responsible members of  the Internet. Any complaints about a Subscriber’s violation of this AUP  should be sent to [email protected].

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