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Acceptable Use Policy

August, 2001 - (version 1.1)

This represents the Online@Henrico™ Acceptable Use Policy ("AUP") in its entirety and supercedes any other written or oral policy. This policy defines the terms and conditions all Account Holders and / or Users agree to when using all services provided by Online@Henrico. Online@Henrico reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to Users.    Users may view the most current version of this policy at (http://www.henricoschools.org/AUP.htm). Users using any services offered by Online@Henrico consent to be bound by and must comply with all policies in this AUP. At the sole discretion of Online@Henrico, any violators (User and / or Account Holder) of this AUP may be permanently prevented from using the service, or face potential legal prosecution.

1. INTERPRETATION

The provisions of this Policy are intended as guidelines and not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. Online@Henrico reserves the exclusive right at any and all times to prohibit activities that in any way damage its commercial reputation and/or goodwill.

2. SYSTEM AND NETWORK SECURITY

Activities strictly prohibited:
- Tampering with other accounts, or committing unauthorized intrusions into any part of Online@Henrico or related systems, or use of any servers, files, accounts, or networks to intrude without authorization into any other system or systems is strictly prohibited.
- Using accounts not provided or intended for use by User, or circumventing security provisions in order to access services without incurring charges.
- Using the system in a manner that unfairly encumbers disk space, processors or other system resources beyond those provided as part of the service or services purchased.
- Making deliberate attempts to interfere with a service, overload a service or attempt to disable a host.

3. EMAIL

Activities strictly prohibited:
- Sending commercial e-mail to a recipient if recipient has requested that User discontinue such communication.
- Transmitting e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
- Forging e-mail header information in any way.
- Using a User's account, or network connection, to collect e-mail replies of messages sent from any other provider that violates the rules of this Policy or those of the originating provider.
- Sending unsolicited e-mail messages ("Spamming"), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site's mail server to relay mail without the express permission of the site.


4. GENERAL

All Users agree to abide by the following general provisions:
1a.  Users are defined as authorized individuals who either 1) have paid the applicable individual subscription rate for their personal use (individual access); or 2) are obtaining access through the permission of the Account Holder who has paid the applicable fees. (family access).
1. All e-mail services provided to the User by Online@Henrico may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Software", "Hackers programs or achieves", "Warez Sites", "IRC Bots", MP3".
2. Online@Henrico reserves the right, at its sole discretion, to prevent a User from accessing the service at anytime if a violation of this AUP is determined. Online@Henrico will be the sole arbiter as to what constitutes a violation of any and all sections of this policy.
3. All services provided by Online@Henrico are provided on an "as is" basis. Online@Henrico gives absolutely no warranty, expressed or implied, for any service(s) provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This expressly includes any financial reimbursement, of any kind, for losses of income due to disruption of service by Online@Henrico or its providers.
4. User acknowledges that Online@Henrico is not responsible for any damages arising from the User's use of any service(s) provided by Online@Henrico or User's inability to use any service(s) for any reason.
5. Online@Henrico is not responsible in anyway for the content a User hosts on Online@Henrico servers, or for the reliability of the transmission of data across or through the Online@Henrico network.
6. User hereby agrees that any material submitted for publication or transmission on Online@Henrico managed and/or owned servers or network, will not contain anything leading to an abusive or unethical use of the service. Abusive and unethical materials include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. User hereby agrees to indemnify and hold harmless Online@Henrico, its directors, officers and employees from any claim(s) resulting from your publication of materials or your use of those materials. Online@Henrico, at its sole discretion, may or may not give notice before deactivating or preventing any customer from accessing Online@Henrico when a violation this AUP is determined in anyway.
7. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. Online@Henrico is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Online@Henrico or its Users may utilize.
8. Use of any information obtained via Online@Henrico is at your own risk. Online@Henrico specifically denies any responsibility for the accuracy or quality of information obtained through its services.
9. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
10. If Online@Henrico prevents or permanently bans a User from using the service for any reason, User agrees not to reregister without Online@Henrico's written consent.
11. The User agrees to defend, hold harmless, and expeditiously indemnify Online@Henrico from any and all liability, claim, loss, damage or expense arising out of User's breach or violation of any covenant contained in this Policy, or resulting from the User's use of the service.
12. User agrees to waive and hold Online@Henrico harmless from any claims relating to any action taken by Online@Henrico as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, User cannot sue or recover any damages whatsoever from Online@Henrico as a result of the decision to remove material from its server, or to suspend or terminate a User's account.
13. Online@Henrico reserves the right to kill off CPU or any other resource intensive process, including but not limited to bandwidth, disk usage, etc…

5. POLICY ENFORCEMENT

When Online@Henrico becomes aware of any alleged violation of this AUP, Online@Henrico will immediately initiate an investigation. Online@Henrico, may at its own discretion anytime during an investigation, restrict a User's access in order to prevent any further possible unauthorized activity. During this investigation, Online@Henrico will not read any personal e-mail since Online@Henrico does not store any passwords and does not have the ability to login to a user's account for its own use. All user e-mail is considered strictly private and can not be accessed by Online@Henrico at anytime. Depending on the severity of the violation, Online@Henrico may, at its sole discretion, restrict, suspend, or terminate a User's account and/or pursue other legal remedies. If such violation is a criminal offense, Online@Henrico will promptly notify the appropriate law enforcement department of such violation.

6. REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an e-mail to: abuse@henricoschools.org
Online@Henrico™ is a trademark and brand owned by Access Technology Inc.
 
 

Access Technology, Inc.

403 Twinridge Lane -- Richmond, VA 23235
804-355-9999 (Support)        804-355-1119 (Fax - Support)
804-320-8399 (Business Office)        804-320-8166 (Fax - Business Office)

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