Acceptable Use Policies

By using our services you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users and providers. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegal activities in any form, including but not limited to activities such as harassment, fraud, intellectual property theft of any kind, and denial of service attacks targeting anyone or anything on the Internet.

Interpretation

The Policies set forth herein are not meant to be exhaustive. It is intended that these Policies be used as a guideline for general use of our Services. Generally, conduct that violates any form of law, or the accepted standards of the Internet community, whether or not expressly mentioned in these Policies, is prohibited. Avvanta reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

Avvanta servers 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. This emphatically includes all intellectual property on any of our servers owned by another user, Avvanta, or a third party.

We will be the sole arbiters as to what constitutes a violation of this provision.

DMCA

Owners of copyrighted or trademarked intellectual property (or their authorized agents) should send their Notification of Claimed Infringement to abuse@avvanta.com.

System and Network Security

Violations of system or network security is strictly prohibited and will result in criminal and civil liability. Examples include, but are not limited to the following:

Misuse of System Resources

It is a violation to consume excessive CPU time, storage space, staff time, mail services, or any other resource that is necessary to the system for its continual operation.

Spamming

Sending unsolicited commercial and informational mail messages is explicitly prohibited whether or not the messages are sent directly from our system. Posting unsolicited, noncontextual, nontopical advertisements to USENET newsgroups or to web-based message boards is similarly prohibited whether or not those messages are posted from our system.

Consequences of Violation

When Avvanta becomes aware of an alleged violation of its Acceptable Use Policy Avvanta will initiate an investigation in order to determine the validity of the report of abuse. During the investigation Avvanta may restrict Customer's access in order to prevent further possible unauthorized activity.

Depending on the severity of the violation, Avvanta may, at its sole discretion, suspend, or terminate Customer's account. If such violation is a criminal offense, Avvanta will notify the appropriate law enforcement department of such violation.

WARRANTY

AVVANTA COMMUNICATIONS CORPORATION MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR ITS SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. AVVANTA ASSUMES NO LIABILITY FOR ANY DAMAGES SUFFERED BY CLIENT INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES RESULTING FROM DELAYS, NONDELIVERIES, MIS-DELIVERIES, SERVICE INTERRUPTIONS, ERRORS OR OMISSIONS ON THE PART OF AVVANTA, CLIENT, OR ANY THIRD PARTY.

CLIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND AVVANTA AGAINST ANY AND ALL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, COURT COSTS AND REASONABLE ATTORNEYS' FEES.

Modification

Avvanta reserves the right to add, delete, or modify any provision of this Policy at any time without notice.


Last Modified: Sep, 2009