Speedy5

Revision date: 03/14/2008

Speedy5, providing internet-related services, offers its clients (Subscribers) and their clients and users the means to acquire a wealth of public, private, commercial and non-commercial information. As the World Wide Web provides a forum for free, open discussion and dissemination of information, Speedy5 reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Speedy5 has developed this Acceptable Use Policy ("AUP"), which supplements and defines certain terms of each client's respective service agreement, and is intended as a guide to the client's rights and obligations when using Speedy5's services.

Table of Contents

1. Spamming.
2. Adult-Oriented Content.
3. File Size.
4. Obscenity.
5. Defamatory or Abusive Content.
6. Forging of Headers.
7. Unauthorized Access to another Network.
8. Distribution of Illegal Content.
9. Acceptable Use Policy Violation.
10. Other Activities.
11. Summary.
12. Revisions.

Spamming (Sending unsolicited bulk and/or commercial information over the internet)

It is not only harmful because of its negative impact on consumer attitudes toward Speedy5, but also could overload Speedy5's network and disrupt service to Speedy5's Subscribers. Such means of spam could include maintaining an open SMTP relay, or sending mass emails. When a complaint is received, Speedy5 will immediately begin an investigation and the account in question will be suspended.

Adult-Oriented Content

Speedy5 does not allow adult content and will suspend/terminate any offending account.

File Size

Speedy5 is not for file hosting and distribution. As such, clients may not host any files larger than one GB (1024 MB) in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, and .EXE files. If you are unsure of whether your file is against this policy, please e-mail Speedy5.

Obscenity

Using Speedy5's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited. Speedy5 is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Content

Using Speedy5's network as a means to transmit or post negative, 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.

Unauthorized Access to another Network

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"), or any activity that may be used as a precursor to an attempted system penetration (i.e. port scanning, stealth scan or other information-gathering activity).

Distribution of Illegal Content

Distribution of 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.

Acceptable Use Policy Violation

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.

Other 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.

Engaging in activities, whether lawful or unlawful, that Speedy5 determines to be harmful to its subscribers, operations, and reputation.

Summary

The responsibility for avoiding harmful activities defined in this policy rests primarily with the Subscriber. Speedy5 will not, as an ordinary practice, monitor the communications of its Subscribers to ensure that they comply with this policy or applicable law. However, when Speedy5 becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a Website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate.

Speedy5 is also aware that many of its Subscribers are themselves providers of internet services and that information reaching Speedy5's facilities from those Subscribers may have originated from a client of the Subscriber or from another third party. Speedy5 does not require its Subscribers who offer internet services to monitor or censor transmissions or Websites created by their clients. Speedy5 reserves the right to directly take action against a client of its Subscribers if found to violate this policy.

Speedy5 expects that Subscribers who provide internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A Subscriber's failure to comply with those laws will violate this policy.

Finally, Speedy5 wishes to emphasize that Subscribers indemnify Speedy5 for any violation of this policy or law, resulting in loss to Speedy5 or the bringing of any claim against Speedy5 by any third party. This means that, if Speedy5 is sued because of a Subscriber or a client of a Subscriber's activity, the Subscriber will be responsible for payment of any damages awarded against Speedy5, plus costs and reasonable fees.

Revisions

Speedy5 reserves the right to occasionally revise this policy without prior notice to its Subscribers and Subscriber's clients. It is expected that you check this policy periodically.

Any complaints about a Subscriber's violation of this policy, or questions in regards to this policy should be sent to Speedy5.

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