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Acceptable Use Policy
As a provider of web design, web site hosting, and other
Internet-related services, Immix Technology LLC offers its customers,
their customers and other users, the means to acquire and disseminate a
wealth of public, private, commercial, and non-commercial information.
Immix Technology LLC respects that the Internet provides a forum for
free and open discussion and dissemination of information, however,
when there are competing interests at issue, Immix Technology LLC
reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, Immix Technology LLC has
developed an Terms of Use Policy, 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 Immix Technology LLC's services. This Policy will be revised
from occasionally. A customer's use of Immix Technology LLC's services
after changes to this Policy are posted on Immix Technology LLC's web
site, www.immix.net, will constitute the customer's acceptance of any
new or additional terms of the Policy that result from those changes.
One important aspect of the Internet is that no one party owns or
controls it. This fact accounts for much of the Internet's openness and
value, but it also places a high premium on the judgment and
responsibility of those who use the Internet, both in the information
they acquire and in the information they disseminate to others. When
Users obtain information through the Internet, they must keep in mind
that Immix Technology LLC cannot monitor, verify, warrant, or vouch for
the accuracy and quality of the information that users may acquire. For
this reason, the user must exercise his or her best judgment in relying
on information obtained from the Internet, and also should be aware
that some material posted to the Internet is sexually explicit or
otherwise offensive. Because Immix Technology LLC cannot monitor or
censor the Internet, and will not attempt to do so, Immix Technology
LLC cannot accept any responsibility for injury to its users that
results from inaccurate, unsuitable, offensive, or illegal Internet
communications.
When users disseminate information through the Internet, they also must
keep in mind that Immix Technology LLC cannot review, edit, censor, or
take responsibility for all information its users may create. When
users place information on the Internet, they have the same liability
as other authors for copyright infringement, defamation, and other
harmful speech. Also, because the information they create is carried
over Immix Technology LLC's network and may reach a large number of
people, including both users and nonusers of Immix Technology LLC.
Users' posting this information on the Internet may affect other users
and may harm Immix Technology LLC's goodwill, business reputation, or
even our operation's effectiveness. For this reason, any user of Immix
Technology LLC's services does and will agree that they, their
customers, affiliates, or subsidiaries are not to engage in the
following prohibited activities:
Spamming --
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward Immix Technology LLC, but also
because it can overload Immix Technology LLC's network and disrupt
service to Immix Technology LLC users. Also, maintaining an open SMTP
relay is prohibited. When a complaint is received, Immix Technology LLC
has the discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
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. Immix Technology LLC is required by law to remove or block
access to customer content upon receipt of a proper notice of copyright
infringement. It is also Immix Technology LLC's policy to terminate the
privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using
Immix Technology LLC's network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene
speech or material. Immix Technology LLC is required by law to notify
law enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through Immix Technology LLC's
network.
Defamatory or Abusive Language -- Using Immix Technology LLC'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).
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 Policy --
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this policy,
which includes the facilitation of the means to spam, initiation of
pinging, flooding, mailbombing, denial of service attacks, and piracy
of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups --
Immix Technology LLC reserves the right not to accept postings from
newsgroups where we have actual knowledge that the content of the
newsgroup violates this policy.
Other Illegal Activities --
Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available pyramid
schemes, fraudulently charging credit cards, and pirating software.
Other Activities --
Engaging in activities, whether lawful or unlawful, that Immix
Technology LLC determines to be harmful to its users, operations,
reputation, goodwill, or customer relations.
As we have
pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the user. Immix Technology LLC will
not, as an ordinary practice, monitor the communications of its users
to ensure that they comply with Immix Technology LLC policy or
applicable law. When Immix Technology LLC 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.
Immix Technology LLC also is aware that many of its users are,
themselves, providers of Internet services, and that information
reaching Immix Technology LLC's facilities from those users may have
originated from a customer of the user or from another third-party.
Immix Technology LLC does not require its users who offer Internet
services to monitor or censor transmissions or web sites created by
customers of its users. Immix Technology LLC has the right to directly
take action against a customer of a subscriber. Also, Immix Technology
LLC may take action against the Immix Technology LLC user because of
activities of a customer of that user, even though the action may
effect other customers of said user. Similarly, Immix Technology LLC
anticipates that users who offer Internet services will cooperate with
Immix Technology LLC in any corrective or preventive action that Immix
Technology LLC deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of Immix Technology
LLC policy.
Immix Technology LLC will not intentionally monitor private electronic
mail messages sent or received by its users unless required to do so by
law, governmental authority, or when public safety is at stake. Immix
Technology LLC may, however, monitor its service electronically to
determine that its facilities are operating correctly. Immix Technology
LLC may also disclose information, including but not limited to,
information concerning a user, 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. Immix Technology LLC assumes no obligation to
inform the users that his/her information has been provided and in some
cases may be prohibited by law from giving such notice. Finally, Immix
Technology LLC may disclose subscriber information or information
transmitted over its network where necessary to protect Immix
Technology LLC and others from harm, or where such disclosure is
necessary to the proper operation of the system.
Immix Technology LLC expects that its users who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A user's failure to
comply with those laws will violate Immix Technology LLC's policy.
Finally, Immix Technology LLC wishes to emphasize that in signing the
service agreement, users indemnify Immix Technology LLC for any
violation of the service agreement, law, or Immix Technology LLC
policy, that results in loss to Immix Technology LLC or the bringing of
any claim against Immix Technology LLC by any third-party. This means
that if Immix Technology LLC is sued because of a user's or customer of
a users' activity, the user will pay any damages awarded against Immix
Technology LLC, plus costs and reasonable attorneys' fees.
We hope this policy is helpful in clarifying the obligations of
Internet users, including Immix Technology LLC and its users, as
responsible members of the Internet. Any complaints about a
subscriber's violation of this policy should be sent to abuse@Immix.net.
Last Modified December 19, 2001
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