ACCEPTABLE USE POLICY
This Acceptable Use Policy ("AUP") specifies the actions prohibited by PowerMedium to users of the PowerMedium.com Network. PowerMedium reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: www.PowerMedium.com .
Rights of PowerMedium:
If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and/or terminate the Service or the User's access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the PowerMedium network is threatened or cases involving UCE/SPAM, advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Acceptable Use Policy.
The PowerMedium Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
System and Network Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. PowerMedium will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation , the following:
- UNAUTHORIZED ACCESS/INTERFERENCE: A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.
- UCE/SPAMMING/MAILBOMBING: A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient, constitutes Unsolicited Commercial E-mail "UCE" and is prohibited. In addition, "spamming" or "mailbombing" is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the PowerMedium network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.
- SPOOFING/FRAUD: A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.
- E-MAIL RELAY: Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.
- USENET POSTINGS: All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.
- UNAUTHORIZED ACTIONS: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- OTHER PROHIBITED ACTIVITIES: The following activities are also prohibited: Attempting to intercept, redirect, or otherwise interfere with communications intended for others. Intentionally transmitting files containing a computer virus or corrupted data. Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User's access to and use of the Service.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A POWERMEDIUM CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY.
Complaints regarding Illegal Use or System or Network Security issues should be sent to:
Complaints regarding email abuse should be sent to: abuse@PowerMedium.com .
Complaints regarding USENET abuse or SPAM should be sent to: abuse@PowerMedium.com .
For live incidents, please contact POWERMEDIUM Internet Abuse Investigations at 1-813-221-4429
Infringement Claims :
It is the policy of PowerMedium to respond promptly to claims of intellectual property infringement. After receiving a claim of infringement, PowerMedium will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, PowerMedium will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Please direct any notices of claimed infringement of intellectual property rights to the following person at the following address or telephone number:
412 East Madison, 11 th Floor, Suite 1100
Tampa, Florida 33602
E-mail Address: legal@PowerMedium.com
Cooperation with Investigations :
We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.
We reserve the right to modify these Policies from time-to-time in our sole discretion. We will notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.
This agreement and the resolution of any dispute related to this Agreement or the web site shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. PowerMedium's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between PowerMedium and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hillsborough County, Florida and/or the Middle District of Florida, Tampa Division. Official correspondence must be sent via postal mail to:
412 East Madison, 11 th Floor, Suite 1100
Tampa, Florida 33602