Attention: please read these terms carefully. Usage of avaria’s network, infrastructure and datcenter facilities by you indicates that you accept these terms. If you do not accept these terms (“Terms”), please do not use purchase or use Avaria’s services.
Purpose and Scope – The policies set forth in the Acceptable Use Policy are, in part, to help protect Avaria Networks, Inc.’s (“AVARIA”) customers from the consequences of malicious users or attacks on Avaria’s resources. When a customer is a victim of Internet abuse, Avaria will do what we can to help them direct their complaint to the proper reporting agency or initiator within our Data Center. If the complaint is against an Avaria customer, we will take appropriate action in accordance with the policies set forth in this document. General Conduct – Avaria’s network must be used in a manner that is consistent with the intended purpose of our network and may be used only for lawful purposes. Customers shall not use our network in order to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Avaria to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy.
Responsibility for Content – Avaria takes no responsibility for any material created or accessible on or through its network. We are not obligated to monitor or exercise any editorial control over such material, but we reserve the right to do so. In the event that we become aware that any such material may violate this Policy and/or expose Avaria to civil or criminal liability, we reserve the right to block access to such material and suspend or terminate any Customer creating, storing or disseminating such material. Avaria further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Avaria deems responsible for the wrongdoing. Inappropriate Content – Customers shall not use the Avaria’s network to transmit, distribute or store material that is inappropriate, as reasonably determined by us. Without limiting the general application of this rule, Users may not:
Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or Utilize the Services in any manner that violates applicable law.
Intellectual Property – Material accessible through the Avaria network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use Avaria’s network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with Avaria’s network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party. Harmful Content – Customers shall not use Avaria’s network to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to our network, any other network or equipment, or other Users. Fraudulent/Misleading Content – Customers shall not use Avaria’s network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Unsolicited Messages – Customers may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“spam”), including, without limitation, actions such as using an e-mail account on Avaria’s network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to Avaria’s network. In addition, Customers may not use Avaria’s network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.
Third party rules; usenet – customers may have access through avaria’s network to search engines, subscription web services, chat areas, bulletin boards, web pages, usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines, or agreements. Customers who post messages to usenet newsgroups are responsible for becoming familiar with any written charter or faq governing use of such newsgroups and complying therewith. Regardless of such policies, customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “usenet spam”), (b) cancel or supersede posts not originally posted by such customer, unless such customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
System and network security – customers are prohibited from violating or attempting to violate the security of avaria’s network, including, without limitation, (a) accessing data not intended for such customer or logging into a server or account which such customer is not authorized to access, (b) impersonating avaria personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing”, “denial of service” attacks or “crashing”, (e) forging any tcp/ip packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such customer is not entitled, or (g) attempting to utilize another user’s account name or persona without authorization from that user. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for avaria services. Violations of system or network security may result in civil or criminal liability. Avaria will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting customers who are involved in such violations.
In no event will avaria, its officers, agents, employees, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of avaria’s network, infrastructure, or datacenter facilities, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use avaria’s network, information or services results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.
Suspension and Termination of Service – Any Customer which Avaria determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if we deem it necessary, immediate suspension or termination of such Customer’s service in accordance with the Customer’s Master Service Agreement. Avaria may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Avaria’s exercise of its rights under this Acceptable Use Policy. Avaria reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Avaria’s web site or provided to the Customer directly.
Avaria may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Note: Anyone linking to Avaria’s Web site must comply with the following guidelines and all applicable laws. If you would like to link to Avaria’s web site, please read and comply with the following guidelines: