Acceptable Use Policy: (Last Modified 1 January 2007)
As a provider of Internet access, web site hosting, and other Internet-related services, Voyager International offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Voyager International respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Voyager International reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Voyager International has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Voyager International's services. This AUP will be revised from time to time. A customer's use of Voyager International's services after changes to the AUP are posted on Voyager International's web site, www.kayyah.com/backoffice/acceptable-policy.html, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Voyager International cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Voyager International cannot monitor or censor the Internet, and will not attempt to do so, Voyager International cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Voyager International does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Voyager International's network and may reach a large number of people, including both subscribers and nonsubscribers of Voyager International, subscribers' postings to the Internet may affect other subscribers and may harm Voyager International's goodwill, business reputation, and operations. For these reasons, subscribers violate Voyager International policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Voyager Current Customer Services -- Any Voyager customer having recurring services and hosting is entitled to receive (2) hours of free maintenance and/or minor changes per month. These changes are limited to page alterations. Development of new logos, brain storming and intellectual property development are not covered. Customers do not get unused minutes or time rolled over the the new month. All emails sent to Voyager from client asking for changes will constitute a change order to client website. These changes if over the allowed 2 hours per month will be billed to client. Changes not paid for if after 30 days will result in temporary suspension of the client account until the changes are paid for. If after 45 days, any accounts in arrears may be subject to permanent deactivation and collections activities.
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Voyager International, but also because it can overload Voyager International's network and disrupt service to Voyager International subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Voyager International has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Email + SPAM In Your Account -- Voyager provides all POP3 email accounts as provided from NTT Verio with built in SPAM controls such as Spam Assassin. Voyager makes no guarantee either express or implied that your POP3 email account can ever be 100% SPAM free. You, the user are able to make adjustments to your POP3 email account that effect how much SPAM you receive. You can block email from unwanted sources such as individuals, domain names and IP addresses can be added to your black list. unsolicited bulk and/or commercial messages. You are responsible for ensuring you do not exceed the size allowed for your mailbox and you should keep your delete email regularly. If you need a larger email account in excess of 100mb, we suggest you work with Earthlink or Google.
MLS Scraping - All MLS data posted on Kayyah has been licensed and is through appropriate legal channels. As the law currently stands, all MLS listings belong to the broker. Kayyah and our PLS network allows brokers to manually or through automated means take their listings and have them featured on Kayyah's PLS network. All listings posted on Kayyah or any part of ur International PLS network may be repurposed or syndicated to other networks with no compensation to the broker or supplier of the property source information.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Voyager International is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Voyager International's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Voyager International's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Voyager International is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Voyager International's network.
Defamatory or Abusive Language -- Using Voyager International's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, 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.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups -- Voyager International reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Voyager International determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
FBI WARNING - All illegal activity mentioned above is reported to the FBI and the Attorney General's Office. For International incidents, all unauthorized hacking attempts and all violations of this AUP are reported to the Department of Internet Security which provides the legal means to enforce state, and International laws through Interpol. Voyager International will prosecute violators to the fullest extent under United States Laws.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Voyager International will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Voyager International policy or applicable law. When Voyager International becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Voyager International also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Voyager International's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Voyager International does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Voyager International has the right to directly take action against a customer of a subscriber. Also, Voyager International may take action against the Voyager International subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Voyager International anticipates that subscribers who offer Internet services will cooperate with Voyager International in any corrective or preventive action that Voyager International deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Voyager International policy.
Voyager International also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Voyager International urges its subscribers to assume that all of their on-line communications are insecure. Voyager International cannot take any responsibility for the security of information transmitted over Voyager International's facilities.
Voyager International will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, (Patriot Act) governmental authority, or when public safety is at stake. Voyager International may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Voyager International may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Voyager International assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Voyager International may disclose subscriber information or information transmitted over its network where necessary to protect Voyager International and others from harm, or where such disclosure is necessary to the proper operation of the system.
Voyager International expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Voyager International policy. Finally, Voyager International wishes to emphasize that in signing the service agreement, subscribers indemnify Voyager International for any violation of the service agreement, law, or Voyager International policy, that results in loss to Voyager International or the bringing of any claim against Voyager International by any third-party. This means that if Voyager International is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Voyager International, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Voyager International and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to:
ABUSE Department
Voyager International
3600 Cerrillos Road
Suite 306
Santa Fe, NM 87507
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