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Acceptable Use Policy


Sidetrips provides accounts to many clients around the world. We have a responsibility to protect these clients and to provide the best service available. The following guidelines were designed to insure that all clients receive quality service.

Scope. This Acceptable Use Policy ("Policy") governs the usage of Sidetrips’ products and services ("Services"). This Policy is incorporated by reference into each contract Sidetrips enters into with a customer (each, a "Customer") for the use of such Services. Sidetrips may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Sidetrips’s Web site so that no person who utilizes Sidetrips’s Web site (regardless of whether that person is a Customer) may take any action utilizing Sidetrips’s Web site that a Customer would be prohibited to take utilizing the Services. USE OF SERVICES shall constitute your approval of this policy.

Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect Sidetrips’s customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Sidetrips (each such person being a "User").

Prohibited Uses

Users may not Utilize the Services:
  1. to send mass unsolicited e-mail to third parties:

  2. in connection with any illegal activity: Without limiting the general application of this rule, Users may not Utilize the Services:

    1. to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

    2. to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

    3. to participate in unauthorized distribution or copying of copyrighted software;

    4. to violate U.S. export restrictions;

    5. to harass or defraud;

    6. to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or

    7. to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.

    8. in any manner that violates applicable law.

  3. in connection with any tortious or actionable activity: Without limiting the general application of this rule, Users may not Utilize the Services:

    1. to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.

    2. to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

  4. in connection with any other disruptive or abusive activity: Without limiting the general application of this rule, Users may not Utilize the Services:

    1. to cause denial of service attacks against Sidetrips or other network hosts or Internet users or to otherwise degrade or impair the operation of Sidetrips’s servers and facilities or the servers and facilities of other network hosts or Internet users;

    2. to Post content, scripts or software programs (including chat programs) that consume excessive CPU time, Memory or storage space;

    3. to Post content that consumes excessive Network or Bandwidth usage including but not limited to streaming audio/video and file download services;

    4. to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;

    5. to resell access to CGI scripts installed on Sidetrips’s servers;

    6. to subvert, or assist others in subverting, the security or integrity of any Sidetrips systems, facilities or equipment;

    7. to gain unauthorized access to the computer networks of Sidetrips or any other person;

    8. to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

    9. to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity to attempt to deceive or mislead other persons regarding the true identity of the User;

    10. to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;

    11. to conduct port scans or other invasive procedures against any server;

    12. to distribute, advertise or promote software, e-mail address lists or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

    13. in any manner that might subject Sidetrips to unfavorable regulatory action, subject Sidetrips to any liability for any reason, or adversely affect Sidetrips’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Sidetrips in its sole discretion; or

    14. in any other manner to interrupt or interfere with the Internet usage of other persons.



Violations

  1. Disclaimer: Sidetrips expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Sidetrips has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

  2. Remedies: If Sidetrips learns of a violation of this Policy, Sidetrips will respond to the applicable Customer and may, in Sidetrips’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

    1. Warning the Customer;

    2. Suspending the offending Customer from the Services;

    3. Terminating the offending Customer from the Services;

    4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;

    5. Removing the offending content; and

    6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.

  3. Complaints about violators of our policies should be referred to abuse@sidetrips.com. Each complaint will be investigated immediately.

  4. Reservation of Rights: Sidetrips reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Sidetrips’s Services, Customers and other Users. Sidetrips reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.





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