As a Value Added Reseller, provider of IT, Business and Internet services
such as but not limited to Internet access, web site hosting, and other
Internet-related services, SysCorp (also known as SysCorp Worldwide LLC,
SysCorp eXchange, SysCorp CompuMax, SysCorp Creative Services Group, SysCorp
Corporate Domain Management or SysCorp CDM) offers its customers (also
known as subscribers), and their customers and users, the means to acquire
and disseminate a wealth of public, private, commercial, and noncommercial
information. SysCorp respects that the Internet provides a forum for free
and open discussion and dissemination of information, however, when there
are competing interests at issue, SysCorp reserves the right to take certain
preventative or corrective actions. In order to protect these competing
interests, SysCorp has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement and is intended as a guide to the customer's rights and
obligations when utilizing SysCorp Worldwide services. This AUP will be
revised from time to time. A customer's use of SysCorp Worldwide services
after changes to the AUP are posted on SysCorp Worldwide's Web site www.syscorp.net, will constitute the customer's acceptance of any new or additional terms
of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value, but
it also places a high premium on the judgment and responsibility of those
who use the Internet, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that SysCorp cannot monitor, verify,
warrant, or vouch for the accuracy and quality of the information that
subscribers may acquire. For this reason, the subscriber must exercise
his or her best judgment in relying on information obtained from the Internet,
and also should be aware that some material posted to the Internet is sexually
explicit or otherwise offensive. Because SysCorp cannot monitor or censor
the Internet, and will not attempt to do so, SysCorp cannot accept any
responsibility for injury to its subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also
must keep in mind that SysCorp does not review, edit, censor, or take responsibility
for any information its subscribers may create. When users place information
on the Internet, they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also, because the information
they create is carried over SysCorp Worldwide network and may reach a large
number of people, including both subscribers and non subscribers of SysCorp
Worldwide, subscribers' postings to the Internet may affect other subscribers
and may harm SysCorp Worldwide goodwill, business reputation, and operations.
For these reasons, subscribers violate SysCorp policy and the service agreement
when they, their customers, affiliates, or subsidiaries engage in the following
prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward SysCorp Worldwide, but also
because it can overload SysCorp Worldwide network and disrupt service to
SysCorp subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, SysCorp has the discretion to determine from
all of the evidence whether the e-mail recipients were from an "opt-in"
e-mail list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service marks,
trade secrets, software piracy, and patents held by individuals, corporations,
or other entities. Also, engaging in activity that violates privacy, publicity,
or other personal rights of others. SysCorp is required by law to remove
or block access to customer content upon receipt of a proper notice of
copyright infringement. It is also SysCorp Worldwide policy to terminate
the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using SysCorp Worldwide network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech
or material. SysCorp is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or being
transmitted through SysCorp Worldwide network.
Defamatory or Abusive Language -- Using SysCorp Worldwide network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in
part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that might be used as a precursor to an attempted system
penetration (i.e. port scan, stealth scan, or other information gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities -- Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups -- SysCorp reserves the right not to accept postings from newsgroups where
we have actual knowledge that the content of the newsgroup violates the
AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that SysCorp determines
to be harmful to its subscribers, operations, reputation, goodwill, or
customer relations. As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily with the subscriber.
SysCorp will not, as an ordinary practice, monitor the communications of
its subscribers to ensure that they comply with SysCorp policy or applicable
law. When SysCorp becomes aware of harmful activities, however, it may
take any action to stop the harmful activity, including but not limited
to, removing information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to the
Internet, or take any other action it deems appropriate.
SysCorp also is aware that many of its subscribers are, themselves, providers
of Internet services, and that information reaching SysCorp Worldwide facilities
from those subscribers may have originated from a customer of the subscriber
or from another third-party. SysCorp does not require its subscribers who
offer Internet services to monitor or censor transmissions or web sites
created by customers of its subscribers. SysCorp has the right to directly
take action against a customer of a subscriber. Also, SysCorp may take
action against the SysCorp subscriber because of activities of a customer
of the subscriber, even though the action may effect other customers of
the subscriber. Similarly, SysCorp anticipates that subscribers who offer
Internet services will cooperate with SysCorp in any corrective or preventive
action that SysCorp deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of SysCorp policy.
SysCorp also is concerned with the privacy of on-line communications and
web sites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise compromised. As
a matter of prudence, however, SysCorp urges its subscribers to assume
that all of their on-line communications are insecure. SysCorp cannot take
any responsibility for the security of information transmitted over SysCorp
Worldwide PartnerGroup facilities
SysCorp will not intentionally monitor private electronic mail messages
sent or received by its subscribers unless required to do so by law, governmental
authority, or when public safety is at stake. SysCorp may, however, monitor
its service electronically to determine that its facilities are operating
satisfactorily. Also, SysCorp may disclose information, including but not
limited to, information concerning a subscriber, a transmission made using
our network, or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation, or governmental
request. SysCorp assumes no obligation to inform the subscriber that subscriber
information has been provided and in some cases may be prohibited by law
from giving such notice. Finally, SysCorp may disclose subscriber information
or information transmitted over its network where necessary to protect
SysCorp and others from harm, or where such disclosure is necessary to
the proper operation of the system.
SysCorp expects that its subscribers who provide Internet services to others
will comply fully with all applicable laws concerning the privacy of on-line
communications. A subscriber's failure to comply with those laws will violate
SysCorp policy. Finally, SysCorp wishes to emphasize that in signing the
service agreement, subscribers indemnify SysCorp for any violation of the
service agreement, law, or SysCorp policy, that results in loss to SysCorp
or the bringing of any claim against SysCorp by any third-party. This means
that if SysCorp is sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded against SysCorp Worldwide,
plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including SysCorp and its subscribers, as responsible members of the Internet.
Any complaints about a subscriber's violation of this AUP should be sent
to: cs.support@SysCorp.net
Child Online Protection Act
In compliance with the Child Online Protection Act, the following is a
vendor who provides software that limits access to materials that are harmful
to minors:
The above child protection links offer you a host of flexible features
that can help you manage the level of filtering that's appropriate for
your family. CyberPatrol lets you:
Customize filtering, to your needs with the CyberLIST, a researched list of web sites that let's you choose which Internet sites
are appropriate for your family
Have different filtering levels for different members of your family. Up to nine members of your family
can have their own separate selections and passwords. Restrict access to certain times of day or limit total time spent online with the Time Settings feature.
Block those descriptive search engine results with our optional keyword enhancement.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for making claims of copyright infringement pursuant
to title 17, United States Code, Section 512(c)(2), all notifications of
claimed copyright infringement on the SysCorp system or Web site should
be sent only to our designated agent. Note: The following information is
provided solely for notifying SysCorp that your copyrighted material may
have been infringed. We caution that under federal law, if you knowingly
misrepresent that online material is infringing, you may be subject to
heavy civil penalties. These include monetary damages, court costs and
attorneys fees incurred by us as a result of our relying upon your misrepresentation.
You may also be subject to criminal prosecution for perjury. Do not send
any inquires unrelated to the copyright infringement (e.g. requests for
technical assistance or customer service, reports of e-mail abuse, etc.,
to the contact listed below. You will not receive a response if sent to
that contact.
Written notification must be submitted to the following Designated Agent:
Copyright Manager,
cs.support@syscorp.net
(subject line: copyright)
Under Title 17, United States Code, section 512(c)(3)(A), the notification
of claimed infringement must include the following:
Physical or electronic signature of a person authorized to act on behalf
of the copyright owner. Identification of the copyrighted work claimed
to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should
be removed or access to disabled and information reasonably sufficient
to enable the online service provider to locate the material (usually a
URL to the relevant page). Information reasonably sufficient to allow the
online service provider to contact the complaining party (address, phone
number, e-mail address). Statement that the complaining party has "a
good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent or the law." Statement
that the information in the notice is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the
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