Access One, Inc. (“Access One”) has established an Acceptable Use Policy (which may be referred to as the "AUP") for the protection of Access One and its customers for use of certain Access One products and services, including, without limitation, Access One Web sites.
Access One Acceptable Use Policy
This is an agreement between you and Access One and their employees, officers, affiliates and assigns (jointly "Access One") regarding your use of the Access One Internet Service, all Access One Web hosting products, and any Access One Web site (the "Access One Service" or the "Services") and the provision by Access One of such Services to you. By using Access One Services, you are consenting to be bound to the terms of this agreement, which shall be referred to as the "Access One Acceptable Use Policy" or "AUP".
- Unlawful or Unacceptable Use of the Access One Service. You may not use, or permit the use of, the Access One Service for unlawful purposes or for purposes that Access One finds unacceptable. In order to fulfill this obligation, you may not transmit, post or receive certain material, which include but are not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations. Moreover, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; (iii) transmit any bulk email, whether or not solicited; or (iv) transmit any unsolicited bulk email (also known as "spam"). You agree to indemnify Access One and hold Access One harmless from any and all claims, damages, losses, and expenses (including attorney's fees and expenses) resulting from or allegedly resulting from your use of the Access One Service whether or not such use is found to be in violation of any statute, rule or regulation. IMPORTANT NOTE: IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF ACCESS ONE.
- Access to Other Networks. Any time you access another network through the Access One Service, you must comply with that network's rules and policies. You agree to indemnify Access One and hold Access One harmless from any and all claims, damages, losses, and expenses (including attorney's fees and expenses) resulting from or allegedly resulting from your access or use of other networks.
- Control Over Content. Access One provides access to various forms of content that are available over the Internet. Access One does not screen in advance any specific information available over the Internet. Access One reserves the right (but does not assume the responsibility) to block or limit access to general categories of content that Access One deems in its sole discretion to be harmful, offensive, or otherwise in violation of this Access One AUP. Access One shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the Access One Service you acknowledge receiving this warning and will not hold Access One responsible for language, opinions, discussions or graphics which may be viewed on the Internet. Access One has no obligation to monitor the Internet or any service offered via the Internet, including an Access One Service; however, you agree that Access One has the right to monitor electronically, from time to time, and to disclose any information as Access One in its sole discretion deems necessary to satisfy any law, to operate its Services properly, or to protect itself or its subscribers.
- LIABILITY LIMITATIONS. ACCESS ONE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. ACCESS ONE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACCESS ONE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE ACCESS ONE SERVICES IS AT YOUR OWN RISK. ACCESS ONE MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. ACCESS ONE IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES. ACCESS ONE WILL, HOWEVER, REPAY YOU (IF YOU HAVE ALREADY PAID) FOR ANY PERIOD IN WHICH THE SERVICES WERE NOT PROVIDED.
- Additional Information regarding Use of the Access One Internet Service. As a user of the Access One Internet Service, you may be assigned an IP address. This address is controlled by Access One and may be provided to you during the time that you use the Access One Internet Service. Any IP addresses assigned to you are controlled by Access One and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the Access One Internet Service. IMPORTANT NOTE: IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF ACCESS ONE.
- Miscellaneous. Access One reserves the right to modify this Acceptable Use Policy from time to time, which shall become effective upon posting to the Access One Website or its successor site. Continued use of an Access One Service constitutes acceptance of modifications made to this Acceptable Use Policy. In addition to any other available remedies, Access One may suspend your access to and/or terminate your account without refund for any Access One Service immediately and without notice if you engage in any conduct or activities that Access One, in its sole discretion, believes are in violation of this Acceptable Use Policy. If you engage in any activities which cause damage to Access One, its customers, or its suppliers, Access One reserves the right to pursue a claim against you, including, but not limited to, a claim for monetary damages to address economic losses that may occur. Nothing contained in this Acceptable Use Policy shall be construed to limit the rights and remedies of Access One and Access One, hereby reserves all such rights and remedies which may be available to it at law or in equity.
- Enforceability. In the event that any portion of this Acceptable Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Any failure by Access One to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Access One, Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Revised: July 19, 2005