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| Customer shall not do any of
the following, or permit any third party under its control (including
its customers and their authorized users) to do the following, and
must include provisions in its service agreements for its customers
and authorized users that restrict them from doing any of the following:
i. restrict or inhibit any other user from using and enjoying the Service and/or the Internet; or ii. upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is PROTECTED BY COPYRIGHT or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or iii. use the SMTP services of a third party for the purposes of relaying or sending electronic mail messages without the express permission of that third party; or iv. host a publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason; or v. post a commercial advertisement to any USENET newsgroup, Internet "chat room", bulletin board, or similar forum, if the target forum is not specifically chartered for public advertisement by non-private parties of items "for sale" or vi. post to any USENET Newsgroup or other newsgroups, forum, email mailing list or similar group or list articles which are off-topic according to the charter or other public statement of the group; or vii. send Unsolicited Commercial E-mail (UCE, also known as SPAM) to any number of e-mail users or lists; or viii. maintain, or send e-mail to, "opt-in targeted marketing lists" if the Customer cannot demonstrate, to REMARKABLE's satisfaction, that the members of the list(s) have knowingly requested to be added to the list(s) in question through direct action of their own doing, and that easily-accessible, automated opt-out/removal mechanisms are in place and available to the members of the list(s); or ix. engage in any activity that is, or appears to be, an attempt to gain unauthorized access to a remote system or network, or to gain information that could later be used to assist in gaining unauthorized access to a remote system or network, such as port scanning, dictionary attacks, Denial of Service attacks, server/service hijacking, etc.; or x. engage in any of the foregoing activities using the service of another provider, but channeling such activities through an REMARKABLE account or remailer, or using an REMARKABLE account as a mail drop for responses to UCE, or hosting a website that is advertised via UCE that originates from a non-remarkablehosting.com-connected source, or otherwise requiring return transit through REMARKABLE's internet backbone; or xi. falsify or "spoof" user information provided to REMARKABLE or to other users of the Service, and for handling all complaints and trouble reports made by its own customers and authorized users; or xii. use the Service in violation or contravention of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above. Further, if customer is notified by REMARKABLE's Abuse Response Team, via e-mail or the Customer discovers on their own or through any other means, that the Customer themselves or any third party under Customers control of a violation of this AUP, the Customer will take whatever steps are necessary to stop such activity, and prevent repeat violations by the offending entity. The customer will respond to all violations reported within 1 (one) business day of the violation being reported, and will have put a stop to the activity within 2 (two) business days of the violation first being reported. REMARKABLE reserves the right to disconnect Customers systems until such abuse has been eliminated. |
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