Raffa, PC and Raffa Technology Acceptable Use Policy ("AUP")A. GeneralRaffa, PC and Raffa Technology and its affiliates ("RAFFA") provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting and server collocation arrangements, ATM, Frame Relay, T1, T3, ISDN, aDSL, sDSL, voice and other data, online, Internet-related and telecommunications services (each, a "Service" and collectively the "Services"). This document defines the Acceptable Use of the Services with a view toward ensuring the integrity, security, reliability and privacy of RAFFA’s networks, systems, products, services, server hosting facilities and data contained therein (collectively, the "RAFFA Network"). RAFFA's Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using RAFFA Network and Services, regardless of the source of said content and messages. RAFFA encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org). For the purposes of this policy, a Customer is defined as any party who purchases a Service from RAFFA, or receives a Service from RAFFA on a pro bono basis. B. Prohibited ActivitiesIt is contrary to RAFFA policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service. Each of the below practices (each, a "Prohibited Activity") constitutes abuse of RAFFA's Services, Network and facilities and interferes with other Service users. Accordingly, these practices are prohibited:
C. Rights and RemediesRAFFA may 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 this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by RAFFA, in its reasonable discretion). RAFFA may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources. RAFFA reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, RAFFA reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to RAFFA actual expenses incurred in preventing or responding to such activity, or (ii) up to $500, whichever is greater. For complaints of SPAM only: In addition to any applicable charges described above, RAFFA reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified $10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase RAFFA costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical Internet applications). Nothing in this Acceptable Use Policy limits RAFFA rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity. D. Password ProtectionUsers are responsible for protecting their password(s) and for any authorized or unauthorized use made of their password(s). You will not use or permit anyone to use RAFFA's Service to guess passwords or access other systems or networks without written authorization. In the event a network or network device becomes compromised, RAFFA will assist in the tracking and/or expulsion of said offender at the network level to the extent RAFFA finds reasonable, at its sole and absolute discretion. E. Access to the Internet Data CenterFor Customers accessing the Internet Data Center (“IDC”), in addition to, and to the extent not in conflict with, the rules of the IDC, only those individuals identified in writing by RAFFA or by Customer on a customer registration form ("Authorized Personnel") may access the IDC. Customer shall deliver prior written notice to RAFFA of any changes to the customer registration form and the list of Authorized Personnel. Customer and its representatives shall not allow any unauthorized persons to have access to or enter the IDC. Customer and its representatives may only access that portion of the IDC made available by RAFFA to Customer for the installation or access to Customer's equipment and use of the IDC Services (the "Customer Area"), unless otherwise approved and accompanied by an authorized RAFFA or IDC representative. F. Use of the Internet Data Center FacilityConduct at the Internet Data Center. For Customers accessing the IDC, in addition to, and to the extent not in conflict with, the rules of the IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by RAFFA and the IDC, and provided to Customer. Customer and its representatives shall also not do or participate in any of the following:
G. Equipment and ConnectionsCustomer Equipment. For Customers accessing the IDC, in addition to, and to the extent not in conflict with, the rules of the IDC, 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 RAFFA) 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 RAFFA) 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 RAFFA with at least 72 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment. H. Modification of This PolicyRAFFA reserves the right to change this policy from time to time without prior notice. I. Scheduled MaintenanceThe standard time for Scheduled Maintenance (the “maintenance window”) will be 04:00 to 08:00, Eastern Standard or Eastern Daylight time. |
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