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Propel's goal is to provide a high quality Internet service to our subscribers ("Subscribers") to the Propel Acceleration Service ("Service"). To help ensure our high standards are met, we have established certain responsibilities regarding the use of the Service. This Acceptable Use Policy ("AUP") describes prohibited Subscriber activities that Propel considers to be violations of the Terms of Service in connection with the Service.

The examples listed below are not exhaustive and may change from time to time.

Propel reserves the right to suspend and/or terminate a Subscriber's access to the Service at any time for any material failure of Subscriber to comply with this AUP, provided, however, Propel shall provide Subscriber notice prior to such suspension or termination and Subscriber shall have 24 hours to cure such non-compliance.

Prohibited activities include:

Passwords

Subscriber will not share user names, passwords or other access credentials that allow Subscribers to access Propel resources with any third party, including contracts, agents and delegates.

Email

Subscriber shall not:

  • send harassing (whether through language, frequency, or size of messages) and/or threatening messages to others;
  • post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
  • omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content;
  • impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
  • engage in any activities intended to withhold or cloak identity or contact information;
  • post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups;
  • engage in "flooding", i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address);
  • use subscriptions to collect replies to messages sent from another Internet Service Provider where those messages violate this AUP or the AUP of that other provider.

Content

Subscriber will not post, disseminate or transmit any content that:

  • is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
  • infringes or violates any party's copyrights, trademarks, trade secrets, patents, service marks or other intellectual property rights of others, which includes failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws; deleting or altering author attributes or copyright notices, unless permitted in writing by the author or owner;
  • contains personally identifiable information belonging to minors;
  • introduces or transmits any viruses, worms, harmful, disruptive or destructive files, code, programs, and/or Trojan horses on the Internet.

Unlawful/Disruptive Behavior

Subscriber shall not:

  • use the Service for any illegal purposes in violation of any applicable laws or regulations;
  • publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material;
  • electronically stalk or otherwise electronically harass another;
  • engage in any Internet activities that would violate the personal privacy rights or others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  • conduct Internet raffles or contests that violate applicable laws.
  • use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours a day;
  • hinder the ability of others to use IRC;
  • disrupt normal flow on the Service of dialogue or otherwise act in a manner that negatively affects other Subscribers' ability to engage in real time exchanges;
  • run any program that makes a service or resource available to others, including, but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons;
  • interfere with, disrupt, or harm in any way the Service or servers or networks connected to the Service;
  • run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided;
  • use the Service in violation of the rules of any other Web site providers, web sites, chat rooms or the like;
  • use the Service to access the accounts of others without permission;
  • attempt to penetrate security measures of Propel or another entity, or obtain or bypass others' passwords;
  • engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
  • attempt to obtain unauthorized access, such as attempts to circumvent user authentication or security of any host, network or account ("cracking"). This includes accessing data not intended for the Subscriber, logging into a server or account the Subscriber is not expressly authorized to access or probing the security or other networks.

Registration

Subscriber agrees to provide true and correct information, to the extent reasonably achievable by Subscriber, about themselves on registration form(s), and to maintain and update their registration information to keep it true, accurate, current and complete.

Copyright, Copyright Agent

Propel respects the intellectual property rights of others, and we ask our Subscribers to do the same. If a copyright owner believes that there has been a copyright infringement, the following information should be provided to Propel's Copyright Agent:

    1. an electronic or physical signature of the person authorized on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that claims to have been infringed;
    3. a description of where the infringing material is located on the Web Site;
    4. the address, telephone number, and email address of the copyright owner or the owner's agent;
    5. a statement by the copyright owner or the owner's agent that the allegation is made in the good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    6. a statement by the copyright owner or the owner's agent, made under penalty of perjury, that the information provided in the infringement notice is accurate and that the complaining party is the copyright owner or authorized to act on the copyright owner's behalf.

Propel's Copyright Agent for Notice of claims of copyright infringement on its site is Andrew E. Newton, who can be reached as follows:

By mail: 1010 Rincon Circle, San Jose, CA 95131-1325
By telephone: (408) 571-6300
By email: copyright@propel.com


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