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Acceptable Use Policy

Purpose

This Acceptable Use Policy outlines certain types of activity that are expressly prohibited by PRESS8 Telecom (“PRESS8”) to Users of the PRESS8 Network and related products and Services (the “Services”). This Policy is in addition to any restrictions or other limitations on use that a User may be subject to by virtue of its Service Agreement with PRESS8. PRESS8 may modify this Policy at any time.

Application

This Policy applies to all Users of the PRESS8 Network. For the purposes of this Policy, a User includes, collectively, a PRESS8 customer, its customers or end users, resellers, distributors, or any person or entity that utilizes the PRESS8 Network for any purpose whatsoever. The terms of use contained in this Policy are intended to be in addition to any contractual terms included in a User’s Service Agreement.

Use of the PRESS8 Network

By accessing and utilizing the PRESS8 Network and related services, Users understand and acknowledge that:

PRESS8 does not routinely monitor the content of its User’s communications and except for violations of this Policy, does not attempt to control, edit or otherwise police the content of its Users’ communications or other use of its Network or its Services;
Notwithstanding the foregoing, PRESS8 reserves the right to monitor its Network, including, but not limited to, User communications, and mailboxes, in order to ensure compliance with this Policy, maintain its own network security, or to address and resolve system problems with the PRESS8 Network or Services.

User is responsible for the security of its account(s) and password(s);
Except for products or services identified as being supplied by PRESS8, PRESS8 does not operate, control, or endorse any information, product or services available on the Internet; The Internet contains unedited materials, some of which may be sexually explicit or offensive. A User accesses such materials at its own risk.

Prohibited Activities

Illegal Use

The PRESS8 Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation isprohibited. 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. PRESS8 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 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, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Use of IRC bots or clonebots.

Forging caller ID information.

Utilizing devices or end points not solely purposed for human voice communication.

Sending unsolicited calls if such unsolicited activities could reasonably be expected to or do in fact provoke complaints.

Auto-dialing or predictive-dialing (sometimes may be referred to as “robo-dialing”)

Use of an open telephone line as a monitoring, intercom or similar service

Continuous or extensive conference call participation

Use of free conference calling or similar services that PRESS8 in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges*

Repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or do in fact provoke complaints

Long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers/destinations for the purpose of generating charges or fees for or with a third party

*PRESS8 reserves the right to block any or all calls to selected locations in North America where it suspects that traffic simulation practices are going on. Please contact Customer Care if your business has a legitimate need for conferencing so that we may discuss other conference calling options with you.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site’s mail server to relay mail without the express permission of the site.

Usenet

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited.

Other Types of Misuse

PRESS8 reserves the right to protect its Network and its Users from any activity that it deems, in its sole discretion, to be an abuse or misuse of its Network. Such misuse or abuse may include, but is not limited to, unauthorized attempts to gain root access or access to any account not belonging to that User, use of the PRESS8 Network as a “staging ground” to disable other systems or networks, or any other use that adversely affects the ability of other Users or systems to use the PRESS8 Network.

Indirect or attempted violations of the policy, and actual or attempted violations by a third party on behalf of a PRESS8 user, shall be considered violations of the policy by such user.

Investigation and Remedial Action

Complaints regarding any violation of this Policy should be sent to:
abuse(at)press8(dot)com

It is the PRESS8 policy to investigate complaints in a commercially reasonable and prompt manner. PRESS8 reserves the right to take such actions as it, in its sole discretion, deems necessary to secure the PRESS8 Network or the rights of any User, including, without limitation, suspension of service. A violation of this Policy by a User may also be a breach of its contractual obligations to PRESS8.

Where a User is the subject of multiple or repeated complaints for the same or similar conduct, in addition to any other rights PRESS8 may have, PRESS8 may charge that User the reasonable costs of its investigation into such complaints.

No Warranties; Limitation Of Liability

PRESS8 services are offered on an “as is, as available basis”. PRESS8 hereby disclaims all warranties, whether express or implied, of any kind whatsoever, including, without limitation, the warranties of merchantability or fitness for a particular purpose.

PRESS8 shall not be liable for any claims or damages, whether direct or indirect, consequential, or special, including, without limitation, loss of data or lost profits, arising out of user’s use of the PRESS8 network or its related products and services. In any jurisdiction that does not permit a party to disclaim all liability, then the PRESS8 liability shall be limited to the maximum extent permitted by law.

PRESS8 shall not be liable for any claims or damages, whether direct or indirect, consequential, or special, including, without limitation, loss of data or lost profits, arising out of user’s use of the PRESS8 network or its related products and services. In any jurisdiction that does not permit a party to disclaim all liability, then the PRESS8 liability shall be limited to the maximum extent permitted by law.

Any and all claims by user are governed exclusively by its service agreement with PRESS8.

We may modify the Acceptable Use Policy at any time, and in our sole discretion, by posting a change notice or a new agreement on our site.