High Secured.Com® Acceptable Use Policy.
This Acceptable Use Policy applies to all High Secured.Com® co-location customers, dedicated server customers, encrypted mail customers, Blackberry Enterprise Server Customers, VOIP customers, Resellers of any High Secured.Com® products or services, other web hosting customers, and by extension, customers of dedicated servers or Web hosting customers in the third party, as well as all others transiting or using High Secured.Com® network or resources including but not limited to e-mail services and critical data storage.
High Secured.Com® Acceptable Use Policy is intended to supplement the Data Center Service Agreement and explains certain terms and conditions included in each customer's respective Agreement. It is also intended to explain the rights and obligations of all High Secured.Com® Clients, (and their customers) regardless if they have entered into a Data Center Service Agreement or not. This ACCEPTABLE USE POLICY will be revised from time to time. A customer's use of HIGH SECURED.COM® services after changes to the ACCEPTABLE USE POLICY are posted on HIGH SECURED.COM® web site, www.highsecured.com will constitute the Customer's acceptance of any new or additional terms of the ACCEPTABLE USE POLICY that result from those changes.
Clients, who obtain information through the Internet, must be mindful that HIGH SECURED.COM® cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Clients may acquire. Clients must exercise their own judgment in relying on information obtained from the Internet, and should also be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because HIGH SECURED.COM® cannot monitor or censor the Internet, and will not attempt to do so; HIGH SECURED.COM® cannot accept any responsibility for injury to its Clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
Clients disseminating information through the Internet must also be mindful that HIGH SECURED.COM® does not review, edit, censor, or take responsibility for any information its Clients may create. Users placing information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over HIGH SECURED.COM® network and reaches a large number of people, including both Clients and non Clients of HIGH SECURED.COM®, Clients' postings to the Internet may affect other Clients and may harm HIGH SECURED.COM® goodwill, business reputation, and operations. For these reasons, Clients violate HIGH SECURED.COM® policy and the Data Center Service Agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
knowingly interfere with the lawful use by others of any Service;
modify, reverse engineer or, decompile, disassemble, or create derivative works based on software provided by HIGH SECURED.COM® or any HIGH SECURED.COM® service provider or supplier unless expressly permitted; use the HIGH SECURED.COM® name, logo or trademark in any promotional materials, contracts, bills, or similar names or documents, or in association with the Customer's products or services without the express written authorization of HIGH SECURED.COM®;
use the Services to invade the privacy of third parties, impersonate HIGH SECURED.COM® personnel or other HIGH SECURED.COM® customers or tend to damage the name or reputation of HIGH SECURED.COM®, its affiliates or agents;
solicit HIGH SECURED.COM® customers to patronize competing services;
Intentional Harm -- cause or intentionally damage HIGH SECURED.COM® systems or other networks through HIGH SECURED.COM® systems or use any process, program, or tool via the Services for the purposes of guessing, deriving or in any other way attempting to obtain the passwords of HIGH SECURED.COM®, its service providers or customers of HIGH SECURED.COM® or any other service provider;
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). This is viewed as extremely serious, as spamming will not only effect High Secured.Com®, it's Clients and third party providers, it violates HIIGH SECURED.COM® agreement with International Carriers. In addition, it can overload HIGH SECURED.COM® network and disrupt service to HIGH SECURED.COM® Clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HIGH SECURED.COM® has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Hacking -- use the Services to engage in the practice of hacking or any other unauthorized attempt to access or otherwise gain entry to the filter systems or network of HIGH SECURED.COM®, its customers, service providers or any other third party;
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, software piracy, as well as software licensing piracy and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. It is also HIGH SECURED.COM® policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using HIGH SECURED.COM® network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. HIGH SECURED.COM® is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HIGH SECURED.COM® network.
Defamatory or Abusive Language -- Using HIGH SECURED.COM® 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). This specifically includes any attempt to violate or tamper with the security of any computer, equipment or program belonging to HIGH SECURED.COM® or any other service provider participating with or connected to HIGH SECURED.COM® Services;
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, mail bombing, 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 ACCEPTABLE USE POLICY -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this ACCEPTABLE USE POLICY, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Usenet Groups -- HIGH SECURED.COM® reserves the right not to accept postings from newsgroups where High Secured® has actual knowledge that the content of the newsgroup violates the ACCEPTABLE USE POLICY.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including 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 HIGH SECURED.COM® determines to be harmful to its Clients, operations, and reputation, goodwill, or customer relations.
HIGH SECURED.COM® will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with HIGH SECURED.COM® policy or applicable law. When HIGH SECURED.COM® 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.
HIGH SECURED.COM® also is aware that many of its Clients are, themselves, providers of Internet services, and that information reaching HIGH SECURED.COM® facilities from those Clients may have originated from a customer of the Client or from another third-party. HIGH SECURED.COM® does not require its Clients who offer Internet services to monitor or censor transmissions or web sites created by customers of its Clients. HIGH SECURED.COM® has the right to directly take action against a customer of a Client. Also, HIGH SECURED.COM® may take action against the HIGH SECURED.COM® Client because of activities of a customer of the Client, even though the action may affect other customers of the Client. Similarly, HIGH SECURED.COM® requires Clients who offer Internet services to cooperate with HIGH SECURED.COM® in any corrective or preventive action that HIGH SECURED.COM® deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HIGH SECURED.COM® policy.
HIGH SECURED.COM® 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, HIGH SECURED.COM® urges its Clients to assume that all of their on-line communications are insecure. HIGH SECURED.COM® cannot take any responsibility for the security of information transmitted over HIGH SECURED.COM® facilities.
HIGH SECURED.COM® will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law or governmental authority of competent jurisdiction (Republic of Panama), or when public safety is at stake. HIGH SECURED.COM® may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HIGH SECURED.COM® 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 of competent jurisdiction (Republic of Panama). HIGH SECURED.COM® 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, HIGH SECURED.COM® may disclose Client information or information transmitted over its network where necessary to protect HIGH SECURED.COM® and others from harm, or where such disclosure is necessary to the proper operation of the system.
HIGH SECURED.COM® requires its Clients who provide Internet services to others to comply fully with all applicable laws concerning the privacy of on-line communications. A Client's failure to comply with those laws will violate HIGH SECURED.COM® policy. Finally, HIGH SECURED.COM® wishes to emphasize that in signing the Data Center Service Agreement or accepting the terms & conditions as well as this acceptable use policy by enrolling on-line, Clients indemnify HIGH SECURED.COM® for any violation of the Data Center Service Agreement, law, or HIGH SECURED.COM® policy that results in loss to HIGH SECURED.COM® or the bringing of any claim against HIGH SECURED.COM® by any third-party. This means that if HIGH SECURED.COM® is sued because of a Client's or customer of a Client's activity, the Client will pay any damages awarded against HIGH SECURED.COM®, plus costs and reasonable attorneys' fees.
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