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These Rules and Regulations cover InteleNet's customers' use of and access to
InteleNet facilities and services, as well as InteleNet's maintenance of our facilities
and services. The terms here apply as well to the customers, agents and users
of InteleNet's customers.
ACCESS TO DATA CENTER
Only those individuals identified in writing by an InteleNet customer (the
"Customer") on Customer Registration Forms ("Representatives")
may access the InteleNet Data Center. Customer shall deliver prior written notice
to InteleNet of any changes to the Customer Registration Form and the list of
Representatives. Customer and its Representatives shall not allow any unauthorized
persons to have access to or enter Data Center. Customer and its Representatives
may only access that portion of the InteleNet Data Center made available by
InteleNet to Customer for the placement of Customer's equipment and use of the
Data Center Services (the "Customer Area"), unless otherwise approved
and accompanied by an authorized InteleNet representative.
USE OF THE InteleNet DATA CENTER FACILITY
Conduct at The InteleNet Data Center
Customer and its representatives agree to adhere to and abide by all security
and safety measures established by InteleNet and set forth in this document.
Customer and its Representatives shall also not do or participate in any of
the following:
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Misuse or abuse any InteleNet property or equipment or third
party equipment |
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Make any unauthorized use of or interfere with any property
or equipment of any other InteleNet Customer |
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Harass any individual, including InteleNet personnel and representatives
of other InteleNet Customers |
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Engage in any activity that is in violation of the law or
aid or assist any criminal activity while on InteleNet property or in connection
with the Data Center Services |
Prohibited Items
Customer and its Representatives shall keep each Customer
Area clean at all times. It is each Customer's responsibility
to keep its area clean and free and clear of debris
and refuse. Customer shall not, except as otherwise
agreed to in writing by InteleNet, (1) place any computer
hardware or other equipment in the Customer Area that
has not been identified in writing to InteleNet; (2)
store any paper products or other combustible materials
(e.g., cardboard boxes) of any kind in the Customer
Area (other than equipment manuals); and (3) bring any
Prohibited Materials (as defined below) into the InteleNet
Data Center. "Prohibited Materials" shall
include, but be not limited to, the following and any
similar items:
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Food and drink |
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Tobacco products |
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Explosives and weapons |
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Hazardous materials |
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Alcohol, illegal drugs and other intoxicants |
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Electro-magnetic devices which could unreasonably interfere with computer
and telecommunications equipment |
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Radioactive materials |
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Photographic or recording equipment of any kind (other than tape back-up
equipment) |
EQUIPMENT AND CONNECTIONS
Customer Equipment
Each piece of equipment installed in a Customer Area
(the "Customer Equipment") must be clearly
labeled with Customer's name (or code name provided
in writing to InteleNet) and individual component identification.
Each connection to and from a piece of Customer Equipment
shall be clearly labeled with Customer's name (or code
name provided in writing to InteleNet) and the starting
and ending point of the connection. Customer Equipment
must be configured and run at all times in compliance
with the manufacturer's specifications, including power
outlet, power consumption and clearance requirements.
Customer must use its best efforts to provide InteleNet
with at least 48 hours prior notice any time it intends
to connect or disconnect any Customer Equipment or other
equipment.
SCHEDULED MAINTENANCE
InteleNet will conduct routine scheduled maintenance of its Data Center and
Data Center Services according to the maintenance schedule posted here.
In the event a mission critical maintenance situation arises, InteleNet may
be required to perform emergency maintenance at any time. During these scheduled
and emergency maintenance periods, Customer's Equipment may be unable to transmit
and receive data and Customer may be unable to access the Customer Equipment.
Customer agrees to cooperate with InteleNet during the scheduled and emergency
maintenance periods.
ONLINE CONDUCT
Customer Content
Customer acknowledges that InteleNet exercises no control
whatsoever over the content of the information passing
through Customer's site(s) and e-mail and that it is
the sole responsibility of Customer to ensure that the
information it and its users transmit and receive complies
with all applicable laws and regulations and these Rules
and Regulations.
Prohibited Activities
Customer will not, and will not permit any persons ("Users")
using Customer's online facilities and/or services,
including, but not limited to, Customer's Web site(s)
and transmission capabilities, to do any of the following
("Prohibited Activities"):
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Send unsolicited commercial messages or communications in any form ("SPAM")
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Engage in any activities or actions that infringe or misappropriate the
intellectual property rights of others, including, but not limited to, using
third party copyrighted materials without appropriate permission, using
third party trademarks without appropriate permission or attribution, and
using or distributing third party information protected as a trade secret
information in violation of a duty of confidentiality |
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Engage in any activities or actions that would violate the personal privacy
rights of others, including, but not limited to, collecting and distributing
information about Internet users without their permission, except as permitted
by applicable law |
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Send, post or host harassing, abusive, libelous or obscene materials or
assist in any similar activities related thereto |
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Intentionally omit, delete, forge or misrepresent transmission information,
including headers, return mailing and Internet protocol addresses |
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Engage in any activities or actions intended to withhold or cloak Customer's
or its Users' identity or contact information |
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Use the InteleNet connectivity services for any illegal purposes, in violation
of any applicable laws or regulations or in violation of the rules of any
other service providers, web sites, chat rooms or the like |
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Assist or permit any persons in engaging in any of the activities described
above. |
If Customer becomes aware of any Prohibited Activities,
Customer will use best efforts to remedy such Prohibited
Activities immediately, including, if necessary, limiting
or terminating User's access to Customer's online facilities
Third Party Complaint Process
Third Party Complaint Process InteleNet routinely receives (at abuse@InteleNet.com)
written complaints ("Complaints") from third parties regarding Prohibited
Activities allegedly being conducted by a Customer or its Users. InteleNet requires
its Customers to use policies similar to these Rules and Regulations and will
work with its Customers to resolve violations. InteleNet will take the following
actions to document and resolve each Complaint received by InteleNet related
to a Customer or its Users.
• First Complaint
Upon receipt of the initial complaint from a third party regarding Prohibited
Activity by a Customer or its User, InteleNet will send a letter (the "First
Letter") to the complaining third party that describes InteleNet's policies
related to the Prohibited Activity and lists the contact information for the
Customer and encloses a copy of the original Complaint received by InteleNet.
InteleNet also will deliver notice of the Complaint to the Customer by sending
a copy of the same letter to the Customer via e-mail to its abuse address so
that Customer can identify and remedy the Prohibited Activity. InteleNet's goal
is to put the complainant directly in touch with the party in the best position
to remedy the problem, InteleNet's Customer who has the relationship with the
alleged violator.
• Second Complaint
Upon receipt of a second complaint after the date of the First Letter related
to the same or similar Prohibited Activity of Customer described in the First
Letter that clearly indicates that the Prohibited Activity continued after the
date of the First Letter, InteleNet will send a second letter (the "Second
Letter") with a copy of the second complaint to the Customer and request
that Customer respond in writing to InteleNet with an explanation and timeline
of the actions to be taken by Customer to remedy Prohibited Activity. In the
event that Customer does not respond to InteleNet's letter and remedy the Prohibited
Activity within ten (10) business days, InteleNet will bill Customer in the
following month $500 to cover InteleNet's administrative costs associated with
the Prohibited Activities of Customer.
• Third Complaint
Upon receipt of a third complaint after the date of the Second Letter related
to the same or similar Prohibited Activity of Customer described in the Second
Letter that clearly indicates that the Prohibited Activity continued after the
date of the First Letter, InteleNet will send a third and final letter (the
"Third Letter") with a copy of the third complaint to the Customer
and request again that the Prohibited Activity cease immediately. In the event
that the Prohibited Activity does not cease within five (5) business days, InteleNet
will terminate or suspend its connectivity service to its Customer, and will
only resume providing service when it receives adequate assurances that such
activity will not continue. InteleNet will also bill its Customer $5,000 to
cover InteleNet's administrative costs associated with the Prohibited Activities.
Suspension and Termination of Service
InteleNet reserves the right to suspend and/or terminate
a Customer's Service at any time for any material failure
of Customer, its Representatives or its Users to comply
with these Rules and Regulations.
SUPPLEMENTAL SERVICES
Subject to the terms and conditions set forth in the Master Services between
InteleNet and the Customer, InteleNet may, from time to time, provide Customer
with certain limited services and equipment needed and requested by Customer
on a "one-off" or emergency basis ("Supplemental Services")
where such services are not included within the scope of the Services purchased
by Customer. Customer will be charged for all Supplemental Services provided
to the Customer. InteleNet has no obligation to determine the need for or provide
Supplemental Services. All Supplemental Services are provided on an "as-is"
basis and exclude warranties of any kind, whether express or implied.
MODIFICATION OF RULES AND REGULATIONS
InteleNet may change these Rules and Regulations upon fifteen (15) days notice
to Customer, which notice shall be provided by posting such new Rules and Regulations.
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