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Acceptable Usage Policy

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.

Prohibited Activities

Except as expressly authorized by Omega Systems in writing, the following activities shall be prohibited (the “Prohibited Activities”):

Network Abuse

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:

  • Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
  • Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the User.
  • Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
  • Interfering with or denying service to any user, host, or network other than the User’s host, such as a denial of service attack or distributed denial of service attack.
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
  • Any other use of the Omega Systems Network that could damage, disable, overburden, or impair the Omega Systems Network or the systems of a third-party, or which otherwise interfere with authorized users of such systems.

Compromised Security

  • Users must use reasonable care to ensure the security of the Omega Systems Network. Users are solely responsible for any intrusions into, or security breaches of, any of their own hardware, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by a Customer.
  • Users are responsible for the security of data, accounts, and systems under their control.
  • Users are expected to keep passwords secure and to not share account or password information with anyone, including other Users, family, or friends. Providing access to another individual, either deliberately or through failure to secure its access, is a violation of this AUP.
  • Users shall comply with all applicable password policies adopted by them, their employer, and the Customer from whom access to the Omega Systems Network is provided.

Unlawful Activity

  • Users shall not allow the posting, transmission, or storage of data or content on or through the Omega Systems Network which, in Omega Systems sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Laws”).
  • Prohibited content includes, without limitation: (i) content or code that facilitates any violation of, or describe ways to violate, this AUP or any Applicable Laws; (ii) “harvested” addresses or information; (iii) “phishing” websites; (iv) “spamvertising” sites; (v) any material constituting child pornography under the Applicable Laws.

Intellectual Property Rights and Infringement

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.

Spamming and Mass Mailing

  • Users may not: (i) send unsolicited bulk messages over the Internet (i.e., “spamming”); (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”); or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
  • Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to Omega Systems upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Omega Systems will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

IP Allocation

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.

IRC Policy

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.

Examples of Prohibited Activities

Without limiting the foregoing descriptions of Prohibited Activities, the following examples shall be considered Prohibited Activities:

  • Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message.
  • Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
  • Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems.
  • Soliciting the performance of any illegal activity, even if the activity itself is not performed.
  • Threatening bodily harm, or encouraging bodily harm or property destruction.
  • Harassing another, or encouraging harassing behavior.
  • Engaging in outright fraud or otherwise using the Omega Systems Network to engage in scams like pyramid schemes.
  • Collecting personal information about others without their knowledge or consent.
  • Instructing others in one or more of the Prohibited Activities.
  • Using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality.
  • Acting in any manner that might subject Omega Systems to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect Omega Systems public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
  • Creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
  • Sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.
  • Use of the Omega Systems Network for the receipt of replies to unsolicited mass e-mail.
  • Forgery of e-mail headers (“spoofing”).
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
  • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
  • Hosting web pages or providing services that support spam.
  • Using the Omega Systems Network in a manner that causes Omega Systems to be “blacklisted” or blocked.
  • Using the Omega Systems Network on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at spamhaus.org.

Reporting and Enforcement

Violations of this AUP

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:

  • Disabling access to a User’s content that violates this AUP.
  • Suspending a User’s access to the Omega Systems Network on a temporary or permanent basis.
  • Upon the occurrence of a material violation of this AUP, suspending all access of a Customer to the Omega Systems Network on a temporary or permanent basis.
  • Removing DNS records from the Omega Systems Network.
  • Blocking mail or any other network service.
  • Effecting IP address null routing.
  • Issuing written or verbal warnings.
  • Billing the User for administrative costs and/or reactivation charges.
  • If, as a result of a Customer’s actions, Omega Systems mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Omega Systems may charge Customer $185 upfront and $185 per hour thereafter for any necessary remedial actions.
  • Bringing legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Reporting Violations

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:

  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone or offset from GMT.
  • Evidence of the alleged violation.

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.

Investigations

  • Omega Systems reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with the Omega Systems Network.
  • Users will cooperate and comply with any civil or criminal investigation regarding use of the Omega Systems Network or content located on or transmitted using the Omega Systems Network, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”).
  • Omega Systems may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Omega Systems compliance with any Investigation.
  • Omega Systems reserves the right to comply with any Investigation without notice to a User.
  • Omega Systems also reserves the right to disclose information relating to Users, the Omega Systems Network, or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Omega Systems in its sole discretion.

Indemnification

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.

Non-obligation to Enforce

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.

Miscellaneous

  • This AUP shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree that any cause of action that may arise under this AUP will be brought exclusively in the state or federal courts with jurisdiction in Berks County, Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts. Notwithstanding the foregoing, to the extent that a dispute regarding this AUP relates to a Customer, any jurisdiction selected in a Master Service Agreement between Omega Systems and that Customer shall be controlling.
  • Omega Systems’ failure to exercise or enforce any right or provision of this AUP shall not constitute a waiver of such right or provision.
  • If any provision of this AUP is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to this AUP in accordance with the express purposes set forth above, and that the other provisions of this AUP shall remain in full force and effect.
  • Omega Systems reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of this AUP at any time effective immediately upon written notice to Omega Systems’ Customers and upon the posting of this AUP to Omega Systems’ website. Your continued use of the Omega Systems Network following the posting of changes to this AUP will mean you accept those changes.
A woman speaking to a man while looking at a computer with projected data surrounding it.

Questions

If you have additional questions about this Acceptable Usage Policy or our practices, please contact us at [email protected].

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