A. Introduction
By your continued use of any offering, or of any resources
owned or controlled by Aikorn Internet Services (the "Service"), you agree to be bound by
this Acceptable Use Policy (the "AUP"). Aikorn may modify, without prior
notice, the AUP on the Service, as Aikorn deems appropriate. Any references
to "you" found within this AUP means Aikorn's customer of record.
B. Legal Use
You must not use the Service to publish, post, distribute
or otherwise disseminate unlawful material or information including, but not
limited to: threatening, harassing, defamatory, obscene, or fraudulent information
and materials, or proprietary, copyrighted, or otherwise intellectually protected
information and materials for which you do not have authorization or authority
to possess or distribute. You must not use the Service in any way for unlawful
purposes or for activities Aikorn deems harmful to its customers or Service.
Such activities may include, but are not limited to: distribution of unsolicited
commercial/bulk electronic mail, news postings or chain letters ("spamming"),
the distribution of child pornography, the deliberate transmission of computer
viruses, requesting unlawful service or materials, pyramid/multi-level marketing,
using a false identity, or attempting to gain unauthorized entry to any site
or network which you do not own.
C. Content & Use of the Service
You acknowledge that you are aware that areas accessible
through the Service may contain material unsuitable for minors (persons under
18 years of age). You agree to supervise usage of the Service by minors whom
you permit to use the Service. You acknowledge that, when accessing the Internet,
you are accessing content that is not controlled by Aikorn. The reliability,
availability, and content of such resources accessed through the Internet are
beyond Aikorn's control and are not in any way warranted or supported by
Aikorn. You acknowledge that safeguards relative to copyright, ownership,
decency, reliability, and integrity of content may be entirely lacking with
respect to content accessible through the Internet and the Service. You assume
all risk and liability of your use of the Internet, including your continuous
compliance with the AUP. You agree not to resell your dedicated line service
or any portion of the Service unless authorized by Aikorn in writing under
a reseller agreement.
D. Service Termination and Suspension
Aikorn reserves the right in its sole discretion
and without prior notice to suspend and/or terminate your access to the Service
at any time for violating the AUP. Aikorn also reserves the right to suspend,
filter or block, and/or terminate your access if your account is being used
to exploit or attack the Service or the networks of others. If your account
has been compromised and attempts to reach you and/or to have you repair a breach
of security fail, Aikorn reserves the right to suspend or terminate your
service. If your access is suspended or terminated, Aikorn, in its sole
discretion, may refuse to accept all new e-mail sent to your terminated e-mail
address and delete your data stored on the Service.
E. Unauthorized Access
Unauthorized access to the Service is strictly prohibited.
You agree that you will not engage in such activity or attempt to break into
the Service or any services or computer systems for any unauthorized use of
any kind. You acknowledge that you are responsible for your passwords and any
access to the Service for which you have been granted. You agree that you will
be responsible for and indemnify Aikorn, it's directors, managers, employees
and agents for any liability of any kind arising from the use of your password
or access.
F. Liability
You agree to indemnify and hold Aikorn, it's directors,
managers, employees and agents harmless from any claims and expenses, including
reasonable attorneys' fees, for your violation of the AUP, applicable laws or
unauthorized use of any software or other content obtained by you from the Internet
using the Service. Violation of the AUP may subject you to civil or criminal
liability, including without limitation, California Business & Professional
Code Section 17538.45. You agree that users of your service are your sole responsibility,
and you will be liable for their actions. Aikorn reserves the right to collect
damages for such items as software, hardware, labor, or reputation if any damage
is done to our Service that requires any repair or reconfiguration of any kind.
G. Hard Drive Space and E-Mail Use
Due to limitations of hard drive space, hard drive
quotas may be assigned and are enforced on a per-service basis. On Aikorn mail servers,
you are restricted to thirty (30) megabytes of undelivered e-mail
and attached files. Should a server overload and reset due to violations of
this rule, or otherwise fail or error, you may lose undelivered e-mail. Aikorn has no
liability and takes no responsibility for lost e-mail.
H. Privacy
Aikorn believes that all mail messages must remain
absolutely private so that you will have the confidence to regularly use the
Service. Aikorn does not monitor any e-mail, and Aikorn employees are
prohibited from disclosing e-mail communications under any circumstances, including
disclosing information while performing his or her job (such as a technician
aiding in customer problem resolutions). Aikorn will not release any information regarding our
customers (other than that which is public knowledge) to any third party except upon
presentation of a valid court order from a government or legal entity with proper
jurisdiction. In addition, Aikorn reserves the right to cooperate with law enforcement
and other legal authorities in investigating claims against you for illegal
activity, without notifying you.
I. Use of Personal Web Pages
Personal web pages, which may be provided to you as
part of your dialup line service, may be used for commercial announcements and
advertising. However, personal web pages may not be used for interactive commerce
or interactive commercial activities including, but not limited to processing
orders, sending goods, and performing credit card and currency transactions.
J. Dialup Service Usage
Your right to use your Aikorn dialup service is
personal to you alone and is not transferable or usable by more than one person
at a time. You may not lease or otherwise assign or sublet your dialup line
service to others. You may not, under any circumstances resell the service you
receive through your dialup line service, nor may you use your dialup service
as a dedicated link. Multiple members of the same household may share a single
dialup line service. However, only one person is authorized to access the Service
at any given time on one dialup line service. You understand that you are solely
responsible for determining whether a Aikorn phone number is within your
local calling area. You, and not Aikorn, are responsible for any long distance
charges you may incur while connecting to Aikorn. If using one of Aikorn's
dialup line services, you agree not to provide any public information services
over this connection, to refrain from using any automatic reconnection method
due to inactivity disconnection, and to stay connected to the Service only when
actively using it. You may cancel your account at any time and the termination
will occur by the end of the current billing cycle. All cancellation requests
must be submitted in writing via email, fax or postal mail.