ELM and its affiliates provide to business and consumer users a variety of information technology related services, including such service as various electronic mail (email) packages and services, world wide web hosting arrangements, online, and internet-related services (each, a "Service").
ELM customers are solely responsible for the content and messages that they post, distribute or otherwise make available using ELM networks and Services. ELM encourages its customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).
B. Prohibited Activities:
It is contrary to ELM policy for any of its customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
- Posting messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List");
- Posting messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
- Sending unsolicited email to more than 25 email users if the emails could reasonably be expected to provoke complaints. Except as otherwise defined under applicable law, "unsolicited email" does not include;
(i) a message addressed to an individual with whom the sender has a pre-existing and ongoing business or personal relationship;
(ii) a message addressed to an individual from a non-commercial organization or entity of which the individual is a member; or
(iii) a posting to a List that does not otherwise violate this Acceptable Use Policy.
- Falsifying user information provided to ELM or to other Service users;
- Engaging in any of the activities listed above by using another provider's service, but channelling the activity through an ELM account, remailer, or otherwise through a Service;
- Using an ELM account as a mail drop for responses or otherwise using another provider's services for the purpose of facilitating any of the activities listed above if the use of another provider's service could reasonably be expected to adversely affect a Service; or
- Engaging in any other activity that:
(i) violates a law or regulation (such as libel, slander, invasion of privacy, harassment, and infringement or misappropriation of another party's intellectual property rights such as copyrights, trademarks, and trade secrets);
(ii) threatens the integrity of any network or computer system (such as transmission of worms, viruses and other malicious codes);
(iii) attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
(iv) otherwise degrades or interferes with other users' use of a Service; or
(v) violates generally accepted standards of internet or other network conduct and usage such as denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.
Each of the above practices (each, a "Prohibited Activity") constitutes abuse of ELM Services, networks and facilities and interferes with other Service users. Accordingly, these practices are prohibited.
C. Responsibility for Third Parties:
Any Prohibited Activity effected or participated in (whether actual or attempted and whether directly or indirectly) by a third party on behalf of or otherwise for the benefit of an ELM customer or any customer or end user of an ELM customer will be considered a Prohibited Activity engaged in by the ELM customer.
D. Rights and Remedies:
Engaging (or permitting others to engage) in Prohibited Activity may result in termination or suspension of the ELM customers and/or other offender's account and/or access to Services.
ELM may, where feasible, implement technical mechanisms to prevent a Prohibited Activity.
Nothing here limits ELM's rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity, and ELM may take any additional actions it may deem appropriate with respect to a Prohibited Activity, including taking action to recover the costs of identifying offenders and removing them from or discontinuing providing them Service.