Acceptable Use Policy
1. Use of Services
1.1 The Customer agrees to use the services of Voonami, Inc. (“VOONAMI”) services only for lawful purposes, in compliance with all applicable laws and the provisions of these Guidelines.
1.2 Specific activities that are prohibited include, but are not limited to: a) threatening harm to persons or property or otherwise harassing behavior; b) violating U.S. export control laws for software or technical information; c) fraudulently representing products/services using your account; and d) activities that are prohibited by section 3.0 Use of Material, 4.0 System Security and 6.0 Email of this agreement.
1.3 The Customer is responsible for all use of the services and co-location space, with or without the knowledge or consent of the Customer.
2. Consequence of Violations
2.1 VOONAMI reserves the right to investigate suspected violations of these Guidelines. When VOONAMI becomes aware of a possible violation, VOONAMI may initiate an investigation and gather information from the Customer or Customers involved and the complaining party.
2.2 If a Minor Violation by Customer has occurred, VOONAMI may assess a monetary charge. The amount of the charge shall be VOONAMI’s estimate of the cost of the violation to VOONAMI or its customers not to exceed $500.00 per occurrence and shall be added to the next monthly invoice of the offending customer. Any violation of these Guidelines that is not specifically listed as a Serious Violations shall be considered a Minor Violation.
2.3 Upon reasonable belief that a Serious Violation of these Guidelines has occurred, during an investigation, VOONAMI may block access at the router level to the equipment of the Customer’s equipment involved. If VOONAMI believes, in its sole discretion, that a Serious Violation of these Guidelines has in fact occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of access to Customer’s equipment, and the suspension or termination of the Customer’s Services. Serious Violations shall include any violation of these Guidelines that may result in more than $5,000 damage to VOONAMI or VOONAMI’s other customers or any violation of Sections 1.2, 3.3, 4.1, and 6.3, 6.4 , 6.5 or 7.1.
2.4 The remedy set forth herein is in addition to any other remedies that may be available to VOONAMI by law, equity or contract. Violations of these Guidelines could also subject the Customer to criminal or civil liability.
3. Use of Material
3.1 Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using VOONAMI’s services. The Customers may also re-distribute materials in the public domain.
3.2 The Customer assumes all risks regarding the determination of whether the material is in the public domain
3.3 The Customer is prohibited from storing, distributing or transmitting any unlawful material through VOONAMI’s services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Customer may not post, upload or otherwise distribute copyrighted material on VOONAMI’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Customer to criminal as well as civil liability, in addition to the actions outlined in 2.0 above.
3.4 The Customer is responsible for changing its passwords and access codes regularly. This password allows access to the Customer’s web page and is also used for the Customer to reboot equipment if Power Cycle services are included in their service.
3.5 Each VOONAMI Customer is responsible for the equipment security of its password. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The Customer is responsible for changing its equipment password regularly.
4. System Security
4.1 The Customer is prohibited from utilizing VOONAMI services to compromise the security or tamper with system resources or accounts on computers at VOONAMI or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to Trojan horses, viruses, password guessing programs, cracking tools or network probing tools.
4.2 VOONAMI reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. VOONAMI will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
5. Usenet News Use
5.1 VOONAMI may investigate complaints regarding posts of inappropriate material to Usenet by Customers and may, in its sole discretion, take action based on the rules below. Criteria for determining whether a post is inappropriate include, but are not limited to, the written charter/FAQ of the newsgroup(s) in question, the established Usenet conventions outlined below, the system resources consumed by the posting, and applicable laws.
5.2 Usenet news articles posted using VOONAMI’s services must comply with the written charter/FAQ of the newsgroup to which they are posted. If a newsgroup does not have a charter or FAQ, its title may be considered sufficient to determine the general topic of the newsgroup. VOONAMI Customers are responsible for determining the rules of a newsgroup before posting to it.
5.3 Established Usenet conventions (“Netiquette”) prohibit advertising in most Usenet newsgroups. VOONAMI Customers may post advertisements only in those newsgroups which specifically permit them in the charter or FAQ. Some newsgroups may permit “classified ads” for single transactions between private individuals, but not commercial advertisements. VOONAMI Customers are responsible for determining whether or not a newsgroup permits advertisements before posting.
5.4 Netiquette prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads. VOONAMI Customers may post these types of message only in newsgroups which specifically permit them in the charter or FAQ (if any). VOONAMI Customers are responsible for determining whether or not a newsgroup permits a type of message before posting.
5.5 VOONAMI Customers may not alter the headers of posts to Usenet to conceal their email address or to prevent Customers from responding to posts.
5.6 Only the poster or entity who posts of a Usenet article or VOONAMI has the right to cancel the article. VOONAMI Customers may not use VOONAMI resources to cancel articles which they did not post. The sole exception to this rule is for moderators of formally moderated newsgroups; the moderator of a newsgroup may cancel any articles in a newsgroup that such moderator he or she is moderating.
5.7 VOONAMI Customers may not attempt to “flood” or disrupt Usenet newsgroups. Disruption is defined as posting to a newsgroup a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.
6. Email Use
6.1 VOONAMI may investigate complaints regarding email and may, in its sole discretion, take action based on the rules below.
6.2 Use of email in violation of sections 1.2, 3.3, 4.1 or 6.6 shall be a Serious Violation under section 2.3 hereof. It shall also be considered a Serious Violation under section 2.3 if more than two percent (2) of the emails sent in a Bulk Mailing are in violation of or the Customer shows a pattern of not complying with the rules set forth in 6.7
6.3 VOONAMI Customers may not participate in bulk emailing or email marketing activities (“Bulk Mailings”) without first notifying VOONAMI in writing of the planned purpose and frequency of such activities. Upon notifying VOONAMI, Customers may send Bulk Mailings of the type and frequency specified in the written notice in accordance with these Guidelines.
6.4 Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited.
6.5 Within four (4) business days of VOONAMI’s request, the Customer must provide VOONAMI with records detailing the affirmative action by which a subscriber opted to receive emails from the Customer. Upon the email request of an email recipient or VOONAMIs’ request, the Customer must immediately remove the recipient from all applicable mailing lists and refrain from further transmissions to the recipient. Customers may not alter the headers of email messages to conceal their email address or to prevent recipients from responding to messages.
6.6 For each email sent as part a Bulk Mailing, the Customer must assure that the subject line accurately represents the content of the email and that the owner of each address to which an email is sent has made an affirmative action or statement consenting and requesting to receive emails of the nature being sent. Each email sent as part of a Bulk Mailing must include a statement indicating how the email address was obtained and whether the mailing is a one-time correspondence or part of a recurring distribution, a valid land mail mailing address or phone number for receipt of consumer complaints, and unsubscribe directions and functionality.
6.7 Violations of the VOONAMI policies outlined in this document can sometimes result in massive numbers of email responses. If an VOONAMI Customer receives so much email that VOONAMI resources are affected, VOONAMI staff may block access to the customer’s equipment at the router level.
7. World Wide Web Use
7.1 VOONAMI will investigate complaints regarding inappropriate material on Web pages transmitted using VOONAMI services, in its sole discretion, require that the material be removed or take action as outlined in 2.3 above.
8. Office Suite (only applicable if Office Suite purchased)
8.1 VOONAMI’s pricing on its Office Suite product is based upon the assumption that Customer’s use will not adversely impact the experience of other customers or constitute excess usage of Services. The Office Suite products are designed to meet the typical needs of small and medium businesses. If Internet connectivity exceeds a one to five (1 to 5) data transfer upload to download ratio, then VOONAMI in its discretion may immediately cut back Office Suite Services or terminate Office Suite Services unless adjusted pricing is agreed to by Customer. Also, usage of VOIP cannot exceed typical business use as determined by VOONAMI in its discretion. Office Suite is not intended to support the sustained demand of large enterprises, internationally based businesses, call centers, high users of bandwidth or other non-typical applications better suited to larger bandwidth or VOONAMI’S enterprise products.
8.2 VOONAMI will make commercially reasonable effort to provide additional resources to customers who are using their website(s) consistent with these Guidelines, including moving customers to newer and bigger shared servers or offering increased bandwidth as necessary. However, in order to ensure a consistent and quality experience for all customers, VOONAMI may place safeguards to protect against any customer using excessive bandwidth and/or VOIP until VOONAMI can evaluate said customer’s needs and adjust pricing, if necessary.