Acceptable Use Policy - Iomega® OfficeScreen® Managed Firewall and VPN Services
IMPORTANT NOTE - Iomega has the right to discontinue service, or deny access to anyone who violates the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. There will be no refunds and no fees due will be reimbursed or forgiven if account termination is due to violation of the terms outlined below. All references to the term "use" or "uses" shall be read broadly to include prohibitions against direct and indirect uses.
Shared Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Iomega is strictly prohibited.
Iomega will strongly react to any use or attempted use of an Internet account, User ID or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, port scanning, etc.
Any unauthorized use of accounts or computers by an Iomega Customer, whether or not the attacked account or computer belongs to Iomega, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Unacceptable uses also include, but are NOT limited to: pornographic content, illegal content, copyright infringement, trademark infringement, and/or anything else determined by Iomega to be unacceptable use of Iomega's services including abuse of server resources.
All account activity may be terminated that include the following content or which have links to the following content or where Services are used to accomplish the following:
1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
3. Displaying material that exploits children under 18 years of age.
4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
5. Exporting encryption software over the Internet or otherwise, to points outside the United States.
6. Denial of service attacks and any other activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Any account that is deactivated may be charged additional fees to reactivate the account (or may simply be terminated at Iomega's discretion)
Child Pornography
Our policy on child pornography is zero tolerance. Iomega will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their actions via Iomega's Service, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.
Customer Practices
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software or that appear during the use of Software. Customer further agrees not to reverse engineer, decompile, or disassemble the Software.
Iomega may provide access to other third party software and/or services ("Third Party Products ") through reseller relationships Iomega has established with certain commercial software and licensing vendors, ("Third Party Vendors"). Neither Iomega nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Iomega or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither Iomega nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Iomega with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Iomega is not liable to you because of the expiration or cancellation of the Agreement for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Iomega will not relieve you of any obligations to pay fees and costs owed to Iomega under this Agreement.
Intellectual Property Rights
Material accessible to you through Iomega's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, patents, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use anything you obtain directly or indirectly from Iomega or Iomega's Services and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Iomega network. If you use a domain name in connection with Iomega or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Iomega Services with an attempt to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to:
- accessing data not intended for the customer logging into a server or account the customer is not expressly authorized to access
password cracking
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- probing the security of other networks in search of weakness or violation of any other organization's security policy
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
- flooding
- mail bombing
- or other deliberate attempts to overload or crash a host or network.
Iomega will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If in using our services you are responsible for or involved in an attack on or unauthorized access into another server or system, Iomega may shut down the services immediately. You will pay any charges resulting from the cost to correct security breaches affecting Iomega or any of its other customers.
Hosting Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Customers who violate systems or network security may incur criminal or civil liability. Iomega will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Your Website / Network
You will be solely responsible for the development, operation and maintenance of your network, resources, equipment, data, and all contents and materials appearing via Iomega's Services including without limitation (a) the accuracy and appropriateness of content and materials, (b) ensuring that the content and materials do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of any shipping and sales tax transmitted via Iomega's Services.
You are also responsible for the security of confidential data including any customer credit card numbers, personal health information, and related confidential information you may access or enter as a result of your use of the Iomega's Services. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
IP Address Ownership
Iomega shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Iomega and Iomega reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING IOMEGA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Iomega Corporation
Attn: General Counsel
10955 Vista Sorrento Parkway, San Diego, CA 92131
Fax: 858-314-7005
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Lawful Purpose
Iomega reserves the right to refuse service to anyone. Customers may only use Iomega Services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Iomega management.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD IOMEGA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST IOMEGA, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, ARISING OUT OF OR RELATING TO ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. WITHOUT LIMITATING THE FOREGOING, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS IOMEGA AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH IOMEGA 'S SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM IOMEGA OR THROUGH ITS SERVICES.
Disclaimer
IOMEGA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. IOMEGA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. IOMEGA DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY IOMEGA AND ITS EMPLOYEES. IOMEGA RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF IOMEGA. HOWEVER, IOMEGA MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER.
Revision of Terms
IOMEGA RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THESE TERMS AND ALL OF OUR OTHER POLICIES AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER IOMEGA AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.