Acceptable
Use Policy
Acceptance: This Agreement, Service Order(s), and Acceptable Use Policy together
supersede all previous representations, understandings or agreements and shall
prevail notwithstanding any variance with terms and conditions of any order
submitted.
API Digital and its affiliates (collectively "API Digital") have formulated
this Acceptable Use Policy in order to encourage the responsible use of API
Digital's services by our customers and other users ("Users"), and
to enable us to provide our Users with secure, reliable and productive services.
General Conduct.: The API Digital network, including the websites operated by
API Digital (collectively, the "API Digital Network"), may be used
only for lawful purposes. Users may not use the API Digital Network in order
to transmit, distribute or store material (a) in violation of any applicable
law, (b) in a manner that will infringe the copyright, trademark, trade secret
or other intellectual property rights of others or the privacy, publicity or
other personal rights of others, (c) that is obscene, threatening, abusive or
hateful or contains a virus, worm, Trojan horse, or other harmful component.
E-Mail: Users may not send unsolicited e-mail messages, including, without limitation,
bulk commercial advertising or informational announcements ("spam")
in a way that could be reasonably expected to adversely impact the API Digital
Network, including, without limitation, using an e-mail account on API Digital'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 the API Digital Network. In addition,
Users may not use the API Digital 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, "mail bombing",
(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.
Usenet: Users 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, Users 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 User, unless such
User 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: Users are prohibited from violating or attempting
to violate the security of the API Digital Network, including, without limitation,
(a) accessing data not intended for such User or logging into a server or account
which such User is not authorized to access, (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with, disrupt
or disable service to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail bombing" or
"crashing", (d) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting, or (e) taking any action
in order to obtain services to which such User is not entitled. Violations of
system or network security may result in civil or criminal liability. API Digital
will investigate occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations.
Suspension or Termination: Any User which API Digital determines, in its sole
discretion, to have violated any element of this Acceptable Use Policy shall
receive a written warning, and may be subject at API Digital's discretion to
a temporary suspension of service pending such User's agreement in writing to
refrain from any further violations; provided, however, that if API Digital
deems it necessary, in its sole discretion, it may immediately suspend or terminate
such User's service without issuing such a warning. Users which API Digital
determines to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination of service
without further notice and API Digital may take such further action as API Digital
solely determines to be appropriate under the circumstances to eliminate or
preclude such violation, and API Digital 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 API Digital’s exercise of its rights under these
policies.
Responsibility: API Digital does not monitor the API Digital Network at all
times, but reserves the right to do so. API Digital takes no responsibility
for any material input by others and not posted to the API Digital Network by
API Digital. API Digital is not responsible for the content of any other websites
linked to the API Digital Network; links are provided as Internet navigation
tools only.
Privacy: Any User interacting with our site and providing API Digital with name,
address, telephone number, e-mail address, domain name or URL or any other personally
identifiable information permits API Digital to use such information for commercial
purposes of its own, including contacting Users about products and services
which may be of interest. All information concerning users of API Digital shall
be kept private.
API Digital reserves the right to modify this Acceptable Use Policy at any time
in its sole and absolute discretion. Changes and modifications will be effective
when posted and any use of the API Digital Network after the posting of any
changes will be considered acceptance of those changes.