Acceptable Use Policy

This Acceptable Use Policy (“AUP“) between you (“Customer”, “you” or “your”) and Opti9 Technologies, LLC and its affiliates and subsidiaries (“Opti9” or “we”, “our” or “us”) describes prohibited uses of the services offered by Opti9 and the website located at www.opti9tech.com (the “Opti9 Site” ) and, together with the services and the Opti9 owned and operated Internet Protocol (IP) routing infrastructure through which Opti9 provides Internet connectivity and IP routing and transit to its customers and Opti9’s equipment, technology, services, facilities and websites (including Opti9 Site and all other websites which are owned, operated and/or controlled by or on behalf of Opti9, the web pages within those websites and all equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the primary Website, the “Opti9 Network“).

 

Violation of this AUP may result in the suspension or termination of your Service Agreement and/or your use of the Opti9 Network. Please read it carefully, and in its entirety.  By continuing to use the Opti9 Site you are acknowledging and agreeing to these terms. If at any point you do not agree with these terms, please stop using Opti9’s services.

 

This AUP does not cover any other services, websites, webpages, transactions, relationships, activities nor any transactions or relationships that you may have with any of our customers, suppliers, licensors, operational service providers, sponsors or any other person, firm or enterprise, unless specifically stated. This AUP does not cover your rights or responsibilities with respect to third party content or any links that may direct your users to third party sites or pages, even if they participate in the Opti9 Network and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them.

 

Opti9 does not monitor or exercise editorial control over the content of any website, electronic mail transmission, news group, or other material created or accessible over or through the Opti9 Network, except with respect to our own proprietary websites. However, we reserve the right to take down, block, suspend or remove any websites or materials that, in our sole discretion, may be illegal, may subject us to liability, or may violate this AUP.

 

Changes

We have the right, any time and from time to time, for any reason in our discretion, to change this AUP, and any additional terms that apply to the Opti9 Network. We will post notices of material changes on the Opti9 Site homepage and we may also send you an email about any changes. We will send the email to the account that you have provided us. Once we post them, these changes become effective immediately. If you use the Opti9 Network after we post a notice of any change, you will be bound by the change. Please check frequently and review this AUP so you are aware of the most current terms and conditions of your agreement with us.

 

 Prohibited Uses and Content Standards 

You may not use, or encourage, promote, facilitate or instruct others to use, the Opti9 Network for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Your use of the Opti9 Network is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your website(s), services, email addresses or account. Without limiting the generality of the foregoing, you shall not post content or use the Opti9 Network for the operation of your website(s), the provision or promotion of your services or otherwise in any manner that is, attempts or is likely to:

• be libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, discriminatory, or abusive which may or may appear to impersonate any individual or entity;

 

• adversely affect or reflect negatively on Opti9, the Opti9 Network, or on our goodwill, name or reputation;

 

• cause duress, distress or discomfort to us or anyone else or discourage any person, firm or enterprise from using all or any portion of our the Opti9 Network, from becoming a customer or from advertising, linking or becoming a supplier or licensor to us;

 

• publish or share content that is unlawfully pornographic or indecent, or that contains extreme acts of violence, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

 

• advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;

 

• send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, “spamming”, “spamvertising” or “phishing”;

 

• transmit, display, post, host, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, mail-bombs, denial of service attacks, Trojan horses, spyware, malware, adware or other potentially harmful programs or other material or information;

 

• forge any TCP/IP packet header or part of the header information for any reason;

 

• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

 

• gain unauthorized access to the Opti9 Network or other customers’ accounts, passwords, personally identifiable information or other computers, websites or pages connected or linked to the Opti9 Network;

 

• use the Opti9 Network in any manner which violates or is inconsistent with the terms and conditions of this AUP;

 

• modify, disrupt, impair, alter or interfere with the use, features, security, functions, operation or maintenance of the Opti9 Network or the rights or use and enjoyment of the Opti9 Network by any other customer, individual, firm or enterprise; or

 

• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any content, material or information, whether personally identifiable or not, posted by or concerning any other customer, individual, firm or enterprise, in connection with their or your use of the Opti9 Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so

 

Indemnification

 

You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers and suppliers against any and all demands, claims, prosecutions and actions (including, without limitation, any claim that you have improperly displayed, posted, distributed, broadcast, adapted, accessed, exported or transmitted any content or material on your website or otherwise) (“Claims”) and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) (“Losses”) resulting from your breach or violation of this AUP, as well as your violation of any applicable law or regulation or your infringement, misappropriation or any violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise, and you agree to fully cooperate with us.

 

Miscellaneous 

OPTI9 WILL NOT, AS AN ORDINARY PRACTICE, MONITOR THE COMMUNICATIONS OF ITS CUSTOMERS TO ENSURE THAT THEY COMPLY WITH THIS AUP, OPTI9 POLICY OR APPLICABLE LAW. HOWEVER, IF YOU BREACH (OR WE BELIEVE YOU HAVE OR MAY BREACH) THIS AUP OR IF WE ARE NOTIFIED, DETERMINE OR HAVE REASON TO BELIEVE YOU HAVE OR ARE ENGAGING IN CONDUCT THAT VIOLATES ANY OF THE TERMS AND CONDITIONS OF THIS AUP OR ARE ENGAGED IN ANY OTHER CONDUCT WHICH OPTI9 DEEMS TO BE ACTUALLY OR POTENTIALLY HARMFUL OR VIOLATIVE OF ANY APPLICABLE LAW OR REGULATION, WE MAY, IN OUR SOLE DISCRETION, TAKE ANY ACTION WE DEEM NECESSARY TO PREVENT, STOP OR REMEDY ANY SUCH CONDUCT, INCLUDING BUT NOT LIMITED TO, REMOVING INFORMATION, SHUTTING DOWN A WEBSITE, IMPLEMENTING SCREENING SOFTWARE DESIGNED TO BLOCK OFFENDING TRANSMISSIONS, DENYING ACCESS TO THE INTERNET, DEACTIVATING, CANCELING, SUSPENDING OR TERMINATING YOUR ACCOUNT AND ANY OTHER USE OF THE OPTI9 NETWORK, IN WHOLE OR IN PART, WITHOUT NOTICE TO YOU. WE MAY DECLARE ALL MONIES THEN DUE, OWING AND OUTSTANDING IMMEDIATELY DUE AND PAYABLE AND WE WILL HAVE NO LIABILITY OR FURTHER OBLIGATION OF ANY KIND TO YOU OR ANY OTHER PERSON AND YOU WILL NOT BE ENTITLED TO ANY REFUND.

 

Legal

 

WE MAY ALSO REPORT ANY ACTIVITY THAT WE SUSPECT VIOLATES ANY LAW OR REGULATION TO APPROPRIATE LAW ENFORCEMENT OFFICIALS, REGULATORS, OR OTHER APPROPRIATE THIRD PARTIES. OUR REPORTING MAY INCLUDE DISCLOSING APPROPRIATE CUSTOMER INFORMATION. WE MAY ALSO COOPERATE WITH APPROPRIATE LAW ENFORCEMENT AGENCIES, REGULATORS, OR OTHER APPROPRIATE THIRD PARTIES TO HELP WITH THE INVESTIGATION AND PROSECUTION OF ILLEGAL CONDUCT BY PROVIDING NETWORK AND SYSTEMS INFORMATION RELATED TO ALLEGED VIOLATIONS OF THIS AUP.

 

Contact Us

If you have any questions or want to report a violation regarding this AUP, you may use the following contact information:

 501 Franklin Ave. Suite 200

Garden City, NY 11530

Toll Free: 1-866-932-2471

Phone: 516-938-4100

Fax: 516-938-5100

Email:legal@Opti9tech.com.