By accessing and using the Omega Systems Network, as defined below, you agree to and are bound by this Acceptable Usage Policy (the “AUP”). For purposes of this AUP, the “Omega Systems Network” shall mean all hardware, software, and other physical infrastructure: (i) owned or controlled by Omega Systems; (ii) used or accessed pursuant to one or more agreements between Omega Systems and its customers (hereinafter as “Customers”); and (iii) every server or network owned by a Customer, or by users obtaining access by way of a Customer, connected directly with the Omega Systems Network. Each individual or entity accessing the Omega Systems Network shall be referred to in this AUP as a “User,” regardless of whether such Users are Customers of Omega Systems. Customers are responsible for ensuring compliance with this AUP by their respective customers, employees, and any other entities or individuals obtaining access to the Omega Systems Network by way of such Customer.
This AUP is intended to and shall be interpreted in favor of: (i) the protection of Omega Systems and Omega Systems’ Customers; (ii) the protection of the Omega Systems Network; (iii) maintaining the security and privacy of all data and information stored or accessed via the Omega Systems Network; and (iv) maintaining compliance with all relevant laws and regulations.
Except as expressly authorized by Omega Systems in writing, the following activities shall be prohibited (the “Prohibited Activities”):
Users are prohibited from engaging in any activities that Omega Systems determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a the Omega Systems Network any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Omega Systems has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998, as amended.
Omega Systems owns each IP address that it assigns to a Customer. Customers shall not use IP addresses that were not assigned to it by Omega Systems. Omega Systems reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.
Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Omega Systems may null-route, filter, suspend, or terminate that Customer’s service.
Without limiting the foregoing descriptions of Prohibited Activities, the following examples shall be considered Prohibited Activities:
Omega Systems may enforce this AUP, with or without notice to a User, by any action it deems reasonably necessary, in its sole discretion, including, without limitation:
If there is a violation of this AUP, direct the information to the Abuse Department at [email protected]. If available, please provide the following information:
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Omega Systems may take to enforce and ensure compliance with this AUP, including, without limitations, remedies available as a matter of law or pursuant to one or more agreements with a Customer. Omega Systems reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP from the violating User and from the Customer who provided that User access to the Omega Systems Network. No refund or service credits will be issued to any Customer for any interruption in service resulting from violations of this AUP by that Customer or by Users provided access to the Omega Systems Network by that Customer.
This AUP does not: (i) obligate Omega Systems to monitor, review, or police the data and content residing on the Omega Systems Network; or (ii) create any obligation or duty of Omega Systems to any party that is not a Customer, including, but not limited to, any third party user. Unless and until notified, Omega Systems is not likely to be aware of any violations of this AUP or any violations of law. Omega Systems expects all Users to notify us of any violations of law or violations of this AUP. OMEGA SYSTEMS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON THE OMEGA SYSTEMS NETWORK AND FOR THE ACTIONS OR OMISSIONS OF USERS.