Acceptable Use Policy

for Web Viewer Access, and other DATAWIND Services

This Acceptable Use Policy specifies the actions prohibited by DATAWIND, Inc. ("DATAWIND") to users of DATAWIND's Web Viewer Access Internet Service. DATAWIND reserves the right to modify this policy at any time, effective upon posting of the modified policy to DATAWIND's web site (www.datawind.com).

Illegal Use

Web Viewer Access may be used only for lawful purposes. Transmission, reproduction, 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 a criminal offense, or otherwise violates or assists another in violating any local, state, national or international law, including without limitation U.S. export control laws.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and/or civil liability. DATAWIND will investigate incidents involving such violations and other illegal uses and may involve and will cooperate with law enforcement if a criminal violation or civil wrong 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, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks and posting or transmitting any information or software that contains a virus or other harmful component.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

SPAM -- Email and Usenet

DATAWIND expressly prohibits sending unsolicited email messages, including without limitation, commercial advertising and informational announcements. A user shall not use another's site mail server to relay mail without the express permission of the site. DATAWIND expressly prohibits posting the same or similar message to one or more newsgroups or impersonating another person to send email or post messages.

Additional Impermissible Use

No customer or user may resell the Web Viewer Access Internet Service, or any other services provided by DATAWIND or its affiliates, to any third parties without prior written consent from DATAWIND. Nor may a user run programs or servers that provide network services to others through Web Viewer Access which includes, but is not limited to, web hosting, multi-user interactive forums, game servers, operating an internal mail/http/ftp/irc/dhcp server to serve external connections or support multi-user interactive forums. The customer is responsible for ensuring that its usage of the Web Viewer Access does not improperly restrict, degrade or adversely affect any other user's use of the such service, nor represent, in DATAWIND's sole judgment, an unusually large burden on the network itself. The customer must comply with the then current bandwidth, data storage and other limitations on the services. If DATAWIND determines that the customer's account is exceeding bandwidth limits, the customer will be notified by e-mail. If the excess use continues for more than 10 days, the services may be suspended or terminated. If excessive bandwidth utilization is determined by DATAWIND to adversely affect DATAWIND's ability to provide the services for its other customers, immediate action may be taken to alleviate the problem. In such event, the customer will be notified by e-mail as soon as practicable.

Violations

INDIRECT OR ATTEMPTED VIOLATIONS OF DATAWIND'S ACCEPTABLE USE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A DATAWIND CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

If DATAWIND becomes aware of any activity by a customer or an end user that, in DATAWIND’s sole discretion, could subject DATAWIND to liability or violates any policy set forth herein, DATAWIND reserves the right to remove any related material and/or terminate the customer's services immediately.

Right to Damages

DATAWIND considers most instances of unsolicited bulk e-mail to be a theft of services and reserves the right to prosecute originators of it in a court of law. DATAWIND reserves the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by DATAWIND, the customer will be billed not less than $500 per individual complaint received by DATAWIND staff. In addition, DATAWIND reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation.

Nothing contained in this document shall be construed to limit action DATAWIND may take or remedies available to us in any way with respect to any of the described conduct. DATAWIND reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Acceptable Use Policy. Without limiting the foregoing, any unused monthly service fees already collected, including any startup fees, may be retained by DATAWIND and applied toward its damages, including attorneys' fees and costs of suit. In addition, DATAWIND reserves at all times all rights and remedies available to us with respect to such conduct, at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and DATAWIND reserves the right to enforce such policy or rule at its sole discretion. To report abuse, please notify customercare@datawind.com