Overview

Datalex has published this Acceptable Use Policy to help ensure that the Services provided to our customers are of the highest quality, and to help protect the privacy and security of our customers, systems, and networks, while also encouraging responsible use, including compliance with applicable laws. This Policy also describes areas of use of Datalex Services which are prohibited. Datalex may in its sole discretion determine whether a use of Datalex Service is a violation of this Policy. Datalex in no way intends to monitor, control, or censor communications on the Datalex network, however, when we have knowledge of a violation of this Policy, we reserve the right to take such action as is necessary to address the violation, as referenced below. This Policy applies to all Customers of Datalex. The Policy also applies Customers’ clients and/or end users that utilise the services through Customers. In the event of any conflict between a Customer Agreement and the Policy, the Agreement will govern.

Prohibited Uses: The following are prohibited uses of Datalex Services under this Policy. These descriptions are guidelines and are not intended to be comprehensive in nature.

Illegal/Criminal Activity: Datalex Services may not be used in connection with any criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include, but are not limited to, theft or infringement of copyrights, trademarks, trade secrets, or intellectual property of any type; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

Security Violations: Datalex Services may not be used in connection with any attempt to violate the security of any network, service, or other system, including, but not limited to, hacking, cracking into, monitoring, or using systems or networks without authorisation; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. Datalex customers are responsible for maintaining the basic security of their systems to prevent use of their system in a manner which may result in a violation of this Policy, such as properly securing mail servers to prevent distribution of Spam (as defined below), and properly securing FTP server to prevent illegal distribution of licensed software. Customers also are responsible for implementing preventive or remedial actions on vulnerable or exploited systems to prevent continued abuse.

Threats: Datalex Services may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

Offensive Materials: Datalex Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam: Spam is an unacceptable use of Datalex Services. Spam includes, but is not limited to, any of the following activities:

• Posting a single message or messages similar in content, to more than five online forums or newsgroups.
• Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
• Collecting the responses from unsolicited email.
• Sending any unsolicited email that could be expected, in Datalex’s discretion, to provoke complaints.
• Sending email with charity requests, petitions for signatures, or any chain mail related materials.
• Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
• Sending email that does not accurately identify the sender, the sender’s return address, and the email address of origin.
• Using Datalex facilities to violate a Common Carrier’s or another Internet Service Provider’s acceptable use policy and/or terms of service.

Indirect Access:  A violation of this Policy by someone having only indirect access to Datalex Services through a Customer or other user will be considered a violation by the Customer or other user, whether or not with the knowledge or consent of the Customer or other user. In addition, this Policy applies to any email or content transmitted by you or on your behalf using a Datalex account as a mailbox for responses or promoting content hosted or transmitted using Datalex facilities, or indicating in any way that Datalex was involved in the transmission of such email or content. The resale of Datalex products and Services is not permitted, unless expressly permitted in a written agreement with Datalex.

Consequences: Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of the Services, or other action appropriate to the violation, as determined by Datalex in its sole discretion. When feasible, it is Datalex’s preference to give notice so that violations may be addressed voluntarily; however, Datalex reserves the right to act without notice when necessary, as determined by Datalex in its sole discretion. Datalex may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.