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1. Welcome to TLC
Network, Inc.
In order to provide its customers quality services, TLC Network requires
that all Customers adhere to the guidelines, policies, terms and
conditions as described herein. TLC Network reserves the right to
change, amend or modify these guidelines, from time to time, without any
prior notice to the Customer. By establishing an account and becoming a
TLC Network customer you hereby acknowledge that you have read,
understood and agreed to adhere to this acceptable use policy. In
addition, you also recognize that failure to comply with these
regulations may result in the termination of your account and services
at any time with or without notice. Your use and/or continued use of the
services and maintenance of your account shall be deemed an acceptance
of this Acceptable Use Policy and any modification that may be amended
thereafter.
The Acceptable Use Policy shall be used in conjunction with any other
terms and conditions or service agreements that are made available to
the Customer.
In an industry that provides and promotes free dissemination of
information, TLC Network must take the necessary precautions and
reserves the right to take certain preventive or corrective actions in
order to protect its own rights and the rights of its Customers. TLC
Network can not and does not monitor, verify, censor, or warrant for the
accuracy or quality of information that is transmitted or disseminated
by its Customers when using its Services. As such, it is the
responsibility of each Customer to exercise its best judgment in relying
on the information obtained via the Internet or the information that it
transmits to others via the Internet. Recognizing that much of the
information may contain sexually explicit or offensive material, TLC
Network disclaims any liability for injury to its Customers or other
third parties that results from inaccurate, unsuitable, offensive or
illegal Internet communications. It is for these reasons that TLC
Network has set forth these guidelines and restrictive policies for its
Customer to adhere to.
2. Acceptable and Restricted Use of Services
All services provided by TLC Network shall be used by the Customer for
lawful purposes and in compliance with all applicable laws. Since TLC
Network is not a content provider and does not monitor the content being
transmitted, posted or stored by the Customer, it’s the Customer’s
responsibility to determine what laws or regulations are applicable to
its use of the Services and Products provided. Customer is strictly
prohibited from storing, posting, transmitting, re-transmitting or
distributing material on or through any of the Services or Products
which in the sole discretion of TLC Network (i) is in violation of any
local, state, federal or non-United States law or regulation, (ii)
threatening, obscene, indecent, defamatory or that other-wise could
adversely affect any individual, group or entity (collectively,
"Persons") (iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not limited to,
the installation or distribution of "pirated" or other software products
that are not appropriately licensed for use by Customer (iv) that is a
direct or indirect threatens physical harm, (v) that displays child
pornography, (vi) information that is determined to be harassing in
nature, (vi) material and programs that contain viruses or Trojans or
tools to compromise the security of others, (vii) deceptive on-line
marketing practices, or (viii) actions that restrict or inhibit any
persons, whether a Customer of TLC Network or otherwise, in its use or
enjoyment of TLC Network’s Services or Products.
3. Network and Systems Security
Customer shall not utilize any of TLC Network’s Services to compromise
the security or tamper with TLC Network’s system, network or accounts on
any of TLC Network’s computers, routers, terminal servers, or other
equipment that is located at TLC Network’s site. Customer shall be
specifically prohibited, without limitation, of the following:
(i) Introduction of malicious programs into the network; (ii) Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not limited to,
accessing data of which the Customer is not an intended recipient or
logging into a server or account that the Customer is not expressly
authorized to access. For purposes of this section "disruption"
includes, but is not limited to, port scans, flood pings, packet
spoofing and forged routing information. (iii) Executing any form of network monitoring which will intercept data
not intended for the Customer's server (iv) Circumventing user authentication or security of any host, network
or account (v) Interfering with or denying service to any user other than the
Customer's host (for example, denial of service attack). (vi) Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable, a user's terminal session,
via any means, locally or via the Internet (vii) Creating an "active" full time connection on a Company-provided
dial-up account for Internet access by using artificial means involving
software, programming or any other method (viii) Utilizing a Company-provided dial-up account for purposes for
Internet access other than facilitating connectivity to the Services and
Products provided by the Company. This includes copying or creating
files utilizing more than 5MB of disk space on the dial-up account
servers (ix) Failing to comply with the Company's procedure relating to the
activities of customers on the Company's premises
4. Penalties
Any and all restrictive activities are subject to immediate termination
of Customer’s account. Customer may also be subject to any and all
criminal and civil penalties available under the law. Accounts that have
been terminated as a result of abuse or violation of the Acceptable Use
Policy shall not be re-opened and Customer shall not be reimbursed for
any fees that may have been paid whose services had been suspended or
terminated for reasons stated herein.
5. Indemnification
Customers agree to indemnify, waive and hold TLC Network, its officers,
directors, shareholders, employees, agents, subsidiaries and affiliates
harmless from any and all claims and expenses related to the Customer’s
violation of this AUP, including any abusive or unlawful behavior on the
part of the Customer or anyone using the Customer’s account or the
infringement of any intellectual property or privacy rights of any
person or entity. This shall mean that Customers can not sue or recover
damages whatsoever from TLC Network as a result of TLC Network’s
decision to remove material from its servers, warn you, suspend or
terminate Customer’s account or take any other action during the
investigation of a suspended violation or as a result of TLC Network’s
conclusion that violation has occurred.
6. Restricted Use of Mail
The following mail practices are strictly prohibited:
(i) Sending unsolicited mail messages, including the sending of "junk
mail" or other advertising material to individuals who did not
specifically request such material, who were not previous customers of
the Customer or with whom the Customer does not have an existing
business relationship ("E-mail spam"). (ii) Harassment, whether through language, frequency or size of
messages. (iii) Unauthorized use, or forging, of mail header information (iv) Solicitations of mail for any other E-mail address other than that
of the poster's account or service with the intent to harass or to
collect replies (v) Creating or forwarding "chain letters" or other "pyramid schemes" of
any type. (vi) Use of unsolicited E-mail originating from within TLC Network’s
network or networks of other Internet Service Providers on behalf of, or
to advertise, any service hosted by TLC Network, or connected via TLC
Network’s network. |