Acceptable Use Policy

ARP Networks, Inc.
Adopted and Made Effective January 19, 2007

Agreement

This Acceptable Use Policy (hereafter referred to as "AUP") sets forth the principles and guidelines that govern the use of ARP Networks, Inc.'s (hereafter referred to as "ARP Networks") Internet Backbone, Equipment, Servers, Bandwidth, Disk Space or any other form of ARP Networks property by any person, Internet User, client of ARP Networks, whether licensed and authorized to use said Services or not.

By using any Equipment, Servers, Bandwidth, Disk Space or any other property of ARP Networks, including the ARP Networks IP backbone network, the entity (hereafter referred to as "User") using said property agrees to all of the terms and conditions of this AUP.

Compliance With Law

Users shall not post, transmit, retransmit or store material on or through any of ARP Networks' system, services or products that: (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) threatening, obscene, indecent , defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"); or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licenses for use by User.

Principles and Guidelines

This AUP identifies the actions that ARP Networks considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, User may only use ARP Networks' systems, services and products in a manner that, in ARP Networks' sole judgement, is consistent with the purposes of such systems, services and products. If a User is unsure whether a contemplated use or action is permitted under the AUP, the User should e-mail ARP Networks with a description of the proposed use at support [at] arpnetworks.com for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of ARP Networks' systems, services and products as described in the sections below are expressly prohibited:

Infractions/Breach of Contract

By not complying with the above terms and conditions of this AUP, User agrees to the following:

  1. Prosecution under California and United States Law (as applicable);
  2. User will financially compensate ARP Networks for use (whether authorized or not) of said Backbone, Servers, Equipment, Bandwidth and Disk space according to the current ARP Networks list prices;
  3. Other actions, not limited, as applicable.

Unauthorized usage of ARP Networks network, servers, and related services, INCLUDING without exception all prohibited acts above, including the sending of unsolicited email messages to ARP Networks users, WILL incur a mandatory $200.00 US Dollar hourly consulting fee, to repair and delete unauthorized files residing on the ARP Networks servers, handle unsolicited email complaints, and/or any other action required.

Complaints

Complaints regarding abusive conduct may be reported by email to abuse [at] arpnetworks.com or by mail to:

ARP Networks, Inc.
Abuse Department
P.O. Box 921058
Sylmar, CA 91342
USA

Complaints will also be accepted via e-mail, so long as a valid return address is included. ARP Networks must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

ARP Networks' abuse team is reachable via email at abuse [at] arpnetworks.com.

Enforcement

ARP Networks may, in its sole discretion, suspend or terminate a User's service for violation of this AUP at any time and without warning. As a general matter, ARP Networks attempts to work with Users to cure violations and to ensure that there is no reoccurrence of the violation prior to terminating service.

Liability

In no event will ARP Networks be liable to any User or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if ARP Networks was advised of the possibility of such damages.

Miscellaneous

Modification of AUP: ARP Networks retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all Users when adopted by ARP Networks.

Applicability of AUP: The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade commission Deception Policy Statement, is not permitted through ARP Networks services or network.

At its sole discretion, ARP Networks reserves the right to remove materials from its servers and to terminate Internet access to Users that ARP Networks determines have violated this AUP.