Acceptable Use Policy of WWW.IKMSGROUP.COM and all related sites owned, operated or controlled by IKMS Group, Inc. ("IKMS website")

Acceptance of Terms Through Use

 

This site provides the ability to consolidate and transmit data and files to/from multiple units within your organization through your internet connections and IKMS™ and its products and services as well as the ability to access our network and services ("IKMS "). By using this site, or any other site owned and operated by IKMS, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the IKMS Customer of record and IKMS Customer end users.

This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants IKMS the authority to take action to restrict or terminate your access to IKMS Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any IKMS website, and any product offerings or programs described on any IKMS website. Please check back periodically to review any changes to this policy.

IKMS disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. IKMS does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall IKMS (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by IKMS to enforce this policy in every instance in which it might have application does not amount to a waiver of IKMS's rights

IKMS acknowledges that all information entered through its services are confidential in nature of the user and will exercise all normal care to protect and preserve the confidentiality of the information.  IKMS assumes no responsibility for the quality and accuracy of the information submitted.

Lawful Use

You must use this site and the IKMS Services in accordance with the terms of this policy and your IKMS Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

User Conduct, Prohibited or Unlawful Use

In order to maintain an informative and valuable service that meets the needs of the users of this site and IKMS Services, the following rules have been established to protect against abuse.

Use of this site or IKMS Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the IKMS Network or IKMS Services or any other party's use or enjoyment of this site, the IKMS Network or IKMS Services, is strictly prohibited.

Specifically, you may not:

  • Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any IKMS Services or those of any other party
  • Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
  • Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
  • Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity
  • Use this site or IKMS Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
  • Provide user access or review to any person outside your organization that has not been authorized to participate and use the services offered.

Additionally, you may not, by use of any IKMS Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in IKMS's discretion:

  • Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, torturous, indecent, pornographic or inaccurate
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
  • Is posted in violation of a newsgroup charter
  • Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
  • Has a negative effect on IKMS or its network (including, without limitation, overloading servers on the IKMS Network; causing portions of the IKMS Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of IKMS, impose an unreasonable administrative burden on the company; etc).
  • Constitutes unsolicited duplicative e-mail (commercial or otherwise)
    • This prohibition extends to the sending of unsolicited and/or mass e-mailings from any IKMS account, or via another service which in any way implicates the use of this site or IKMS Services, IKMS equipment or any IKMS e-mail address; (ii) that is relayed from any IKMS or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the IKMS Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
    • A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.

IKMS reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the IKMS Network

PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and other applicable statutes and regulations.

Your participation in online communication or use of any IKMS service is not edited, censored or otherwise controlled by IKMS. However, IKMS reserves the right to monitor content on this site and any IKMS Services and to remove content, disable sites, or suspend or terminate services if IKMS, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

International Use

IKMS makes no representation that materials available on this site or any or through any IKMS service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by IKMS from other locations are responsible for compliance with local law.

Intellectual Property Rights

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any IKMS service. Nothing on any IKMS website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to IKMS by virtue of it being displayed or made accessible on any IKMS website. Except as expressly authorized, you agree not to use this site or any IKMS Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any IKMS Services.

The IKMS name, IKMS design logo, other related names, design marks, product names, feature names and related logos are trademarks of IKMS Communications, Inc., and may only be used with the express written permission of IKMS. IKMS claims copyright interests in all original content or works provided by IKMS on the IKMS websites. If any pages, information or content is copied, it may only be copied for non-commercial uses and IKMS shall, in any event, retain all copyright and other proprietary interests therein.

If you use a domain name or content in connection with the IKMS web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.

User's Grant of Limited License

By posting or submitting content to any IKMS website, you:

  • Are solely responsible for the accuracy and delivery of the information to the person(s) needing the information.
  • Warrant and represent that you own or otherwise control all of the rights to the content and that posting and use of your content by others will not infringe or violate the rights of any third party.
  • Will protect all user names and passwords and not grant unauthorized users access to the system with your username and/or password.

Internet Relay Chat Rules

You must not use any programs that may or will interfere with another's use of this site or IKMS Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

Dial-up Use Rules

When accessing IKMS Services via dial-up, broadband, satellite, or any other means of connection to the WWW, you must not use IKMS Services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.

Controlling Law and Termination

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of New Hampshire without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Middlesex County of New Hampshire.

Notices

The IKMS Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by IKMS subscribers. IKMS takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to abuse. IKMS will reasonably investigate incidents involving such violations. IKMS may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

 

Rev. 9/15/03

 
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e-mail: IKMS, voice: (603) 644-4683, fax: (603) 485-2201