Any user found in violation of this Policy may be subject to disciplinary action up to and including the following:
- Expulsion from the James Valley network.
- Termination of James Valley network services.
- Forfeiture of all fees paid to date.
- Liability for any legal fees and costs incurred by James Valley due to the Policy violation.
General Prohibitions: James Valley prohibits use of its network (Network) in any way that is unlawful, harmful to or interferes with use of James Valley network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Unlawful Activities: The Network shall be used only for lawful purposes and not in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights: The Network shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of James Valley or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: Network shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those services that utilize James Valley provided web hosting, James Valley reserves the right to decline to provide such services if the content is determined by James Valley to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Other Users: James Valley prohibits engaging in activity that may or will interfere with the service of another user, host or network on the Internet. Users are also prohibited from activity considered a precursor to attempted security violations including, but not limited to, any form of scanning, probing, or other testing or information gathering activity, without prior express written consent from James Valley.
Child Pornography: The Network shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to James Valley at the following e-mail address firstname.lastname@example.org. James Valley will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Network shall not be used to distribute 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.
System and Network Security: Violations of system or Network security are prohibited, and may result in criminal and civil liability. NVC reserves the right to investigate incidents involving such violations and which may result in the involvement of law enforcement if a criminal violation is suspected. Examples of system or Network violation include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network..
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information in an email or newsgroup posting.
USENET: Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple posting, also known as “SPAM”) is explicitly prohibited.
Customer Responsibilities: Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Network. James Valley has no responsibility for any material created on the Network or accessible using the Network, including content provided on third-party websites linked to the James Valley network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by James Valley of the content(s) of such sites.
Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
AUP Enforcement: Customer’s failure to observe the guidelines set forth in this AUP may result in NVC taking actions anywhere from a warning to a suspension or termination of Customer’s use of the Network and NVC reserves the right to act immediately and without notice to suspend or terminate the customers use of the Network in response to a court order or government notice that certain conduct must be stopped or when NVC reasonably determines, that the conduct may: (1) expose James Valley to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of James Valley’s network or networks with which James Valley is interconnected, (3) interfere with another James Valley Customer’s use of the Network or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to James Valley or James Valley Customers.
Incident Reporting: Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by and James Valley Customer (or its user) should be directed to email@example.com. Where possible, include details that would assist James Valley in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).
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