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By your continued use of any offering, or of any resources owned or controlled by Aikorn Internet Services (the "Service"), you agree to be bound by this Acceptable Use Policy (the "AUP"). Aikorn may modify, without prior notice, the AUP on the Service, as Aikorn deems appropriate. Any references to "you" found within this AUP means Aikorn's customer of record.
B. Legal Use
You must not use the Service to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which you do not have authorization or authority to possess or distribute. You must not use the Service in any way for unlawful purposes or for activities Aikorn deems harmful to its customers or Service. Such activities may include, but are not limited to: distribution of unsolicited commercial/bulk electronic mail, news postings or chain letters ("spamming"), the distribution of child pornography, the deliberate transmission of computer viruses, requesting unlawful service or materials, pyramid/multi-level marketing, using a false identity, or attempting to gain unauthorized entry to any site or network which you do not own.
C. Content & Use of the Service
You acknowledge that you are aware that areas accessible through the Service may contain material unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors whom you permit to use the Service. You acknowledge that, when accessing the Internet, you are accessing content that is not controlled by Aikorn. The reliability, availability, and content of such resources accessed through the Internet are beyond Aikorn's control and are not in any way warranted or supported by Aikorn. You acknowledge that safeguards relative to copyright, ownership, decency, reliability, and integrity of content may be entirely lacking with respect to content accessible through the Internet and the Service. You assume all risk and liability of your use of the Internet, including your continuous compliance with the AUP. You agree not to resell your dedicated line service or any portion of the Service unless authorized by Aikorn in writing under a reseller agreement.
D. Service Termination and Suspension
Aikorn reserves the right in its sole discretion and without prior notice to suspend and/or terminate your access to the Service at any time for violating the AUP. Aikorn also reserves the right to suspend, filter or block, and/or terminate your access if your account is being used to exploit or attack the Service or the networks of others. If your account has been compromised and attempts to reach you and/or to have you repair a breach of security fail, Aikorn reserves the right to suspend or terminate your service. If your access is suspended or terminated, Aikorn, in its sole discretion, may refuse to accept all new e-mail sent to your terminated e-mail address and delete your data stored on the Service.
E. Unauthorized Access
Unauthorized access to the Service is strictly prohibited. You agree that you will not engage in such activity or attempt to break into the Service or any services or computer systems for any unauthorized use of any kind. You acknowledge that you are responsible for your passwords and any access to the Service for which you have been granted. You agree that you will be responsible for and indemnify Aikorn, it's directors, managers, employees and agents for any liability of any kind arising from the use of your password or access.
You agree to indemnify and hold Aikorn, it's directors, managers, employees and agents harmless from any claims and expenses, including reasonable attorneys' fees, for your violation of the AUP, applicable laws or unauthorized use of any software or other content obtained by you from the Internet using the Service. Violation of the AUP may subject you to civil or criminal liability, including without limitation, California Business & Professional Code Section 17538.45. You agree that users of your service are your sole responsibility, and you will be liable for their actions. Aikorn reserves the right to collect damages for such items as software, hardware, labor, or reputation if any damage is done to our Service that requires any repair or reconfiguration of any kind.
G. Hard Drive Space and E-Mail Use
Due to limitations of hard drive space, hard drive quotas may be assigned and are enforced on a per-service basis. On Aikorn e-mail servers, you are restricted to eight (8) gigabytes of e-mail storage including attached files. Aikorn has no liability and takes no responsibility for lost e-mail.
Aikorn believes that all mail messages must remain absolutely private so that you will have the confidence to regularly use the Service. Aikorn does not monitor any e-mail, and Aikorn employees are prohibited from disclosing e-mail communications under any circumstances, including disclosing information while performing his or her job (such as a technician aiding in customer problem resolutions). Aikorn will not release any information regarding our customers (other than that which is public knowledge) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. In addition, Aikorn reserves the right to cooperate with law enforcement and other legal authorities in investigating claims against you for illegal activity, without notifying you.
I. Use of Personal Web Pages
Personal web pages, which may be provided to you as part of your dialup line service, may be used for commercial announcements and advertising. However, personal web pages may not be used for interactive commerce or interactive commercial activities including, but not limited to processing orders, sending goods, and performing credit card and currency transactions.