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As a provider of Internet-related services, THE GONZALES GROUP ("THE GONZALES GROUP") offers its clients and their clients and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. THE GONZALES GROUP respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, THE GONZALES GROUP reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, THE GONZALES GROUP has developed an Acceptable Use Policy ("AUP"), which supplements and is intended as a guide to the client's rights and obligations when utilizing THE GONZALES GROUP's services. This AUP will be revised from time to time. A client's use of THE GONZALES GROUP's services after changes to the AUP are posted on THE GONZALES GROUP's web site, www.thegonzalesgroup.com, will constitute the client's acceptance of any new or additional terms of the AUP 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 clients obtain information through the Internet, they must keep in mind that THE GONZALES GROUP cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client 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 THE GONZALES GROUP cannot monitor or censor the Internet, and will not attempt to do so, THE GONZALES GROUP cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When clients disseminate information through the Internet, they must also keep in mind that THE GONZALES GROUP does not review, edit, censor, or take responsibility for any information its clients 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. Because the information they create is carried over THE GONZALES GROUP's network and may reach a large number of people, including both clients and nonclients of THE GONZALES GROUP, clients' postings to the Internet may affect other clients and may harm THE GONZALES GROUP's goodwill, business reputation, and operations. For these reasons, clients violate THE GONZALES GROUP's policy and the service agreement when they, their clients, affiliates, or subsidiaries engage in the following prohibited activities:
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. THE GONZALES GROUP is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also THE GONZALES GROUP's policy to terminate, without further notice, the privileges of clients who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using THE GONZALES GROUP's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. THE GONZALES GROUP is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through THE GONZALES GROUP's network.
Defamatory or Abusive Language
Using THE GONZALES GROUP's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
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 THE GONZALES GROUP, but also because it can overload THE GONZALES GROUP's network and disrupt service to THE GONZALES GROUP's clients When a complaint is received, THE GONZALES GROUP has the discretion to determine from all of the evidence submitted by the client whether the email recipients were from an "opt-in" email list. Only opt-in recipients may be targeted with bulk messaging.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Distribution of Internet Viruses, Worms, 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 AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, 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.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including but not limited to: advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that THE GONZALES GROUP determines to be harmful to its clients, operations, reputation, goodwill, or client relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. THE GONZALES GROUP will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with THE GONZALES GROUP's policy or applicable law. When THE GONZALES GROUP 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 taking any other action it deems appropriate. THE GONZALES GROUP is also aware that some of its clients are, themselves, providers of Internet services, and that information reaching THE GONZALES GROUP's facilities from those clients may have originated from a client of the client or from another third-party. THE GONZALES GROUP does not require its clients who offer Internet services to monitor or censor transmissions or web sites created by clients of its clients. THE GONZALES GROUP has the right to take action directly against a client of a client. Also, THE GONZALES GROUP may take action against the THE GONZALES GROUP client because of activities of a client of the client, even though the action may affect other clients of the client. Similarly, THE GONZALES GROUP anticipates that clients who offer Internet services will cooperate with THE GONZALES GROUP in any corrective or preventive action that THE GONZALES GROUP deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of THE GONZALES GROUP's policy.
THE GONZALES GROUP also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, THE GONZALES GROUP urges its clients to assume that all of their on-line communications are insecure. THE GONZALES GROUP cannot take any responsibility for the security of information transmitted over THE GONZALES GROUP's facilities.
THE GONZALES GROUP will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. THE GONZALES GROUP may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, THE GONZALES GROUP may disclose information, including but not limited to information concerning a client, 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. THE GONZALES GROUP assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, THE GONZALES GROUP may disclose client information or information transmitted over its network where necessary to protect THE GONZALES GROUP and others from harm, or where such disclosure is necessary to the proper operation of the system. THE GONZALES GROUP expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client's failure to comply with those laws will violate THE GONZALES GROUP policy. Finally, THE GONZALES GROUP wishes to emphasize that in signing the service agreement, clients indemnify THE GONZALES GROUP for any violation of the service agreement, law, or THE GONZALES GROUP policy that results in loss to THE GONZALES GROUP or the bringing of any claim against THE GONZALES GROUP by any third party. This means that if THE GONZALES GROUP is sued because of a client's or client of a client's activity, the client will pay any damages awarded against THE GONZALES GROUP, plus costs and reasonable attorneys' fees.
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