Common use of Internet and E-Mail Use Clause in Contracts

Internet and E-Mail Use. Where Datapath’s Services include Internet access, Customer is responsible for providing and maintaining all computer equipment, software, cabling and telecommunications services necessary to access Internet Services. Customer shall be solely responsible for its connection to the Internet and shall maintain a valid IP address to enable Customer to use the Service. Customer shall be solely responsible for its activities (and the activities of anyone who obtains access to the Services using Customer's password) in using the Service including the activities of its employees, agents, and contractors. Customer shall conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users. Customer may access the Internet system for lawful purposes only, and Customer shall comply with rules and regulations established by Datapath’s and other networks through which Datapath provides the Services. Customer shall not use Datapath’s Internet system to transmit any material or to publish any web page (1) that incorporates or otherwise uses without permission any copyrighted works, trademarks, or trade secrets of any other person or entity; (2) that incorporates or otherwise uses any material legally determined to be threatening or obscene; or (3) that otherwise violates any state or federal law, statute or regulation. If Datapath reasonably believes that its Internet Services are being utilized for any of the above or other unlawful purposes by the Customer, or otherwise in contravention of the terms and conditions under which the Internet Services are offered, Datapath, in its discretion, unless otherwise obligated by applicable law or court order, may immediately discontinue such Services to the Customer without liability and/or report all violations under the Digital Millennium Copyright Act. Similarly, usage by Customer that could possibly result in damage to the hardware, software, or security of Datapath, its network, subscribers or the Internet system may result in immediate cancellation of Internet Services. In such event, all past due amounts owed by Customer plus a termination fee in the amount that would otherwise have been due for the Internet Services will become due. Expressly prohibited activities include, but are not limited to: (i) downloading software on the Internet system via Services supplied by Datapath that interferes with operations of the Internet system or Datapath’s network system; (ii) manipulation of the Internet system to allow operation of programs accessed via the Internet while not actively online; (iii) the use of Datapath’s servers, its customers’ servers, or any other network devices and/or network services associated with Datapath, to be used to relay mail (defined as using any mail server at Datapath for the purpose of having the email appear to come from any Datapath managed email gateway), or used in any illegal manner whatsoever which includes, without limitation, items such as SPAM, UCE (unsolicited commercial email), UBE (unsolicited bulk email).

Internet and E-Mail Use. Where Datapath’s Bright Bear Technology Solutions’ Services include Internet access, Customer is responsible for providing and maintaining all computer equipment, software, cabling and telecommunications services necessary to access Internet Services. Customer shall be solely responsible for its connection to the Internet and shall maintain a valid IP address to enable Customer to use the Service. Customer shall be solely responsible for its activities (and the activities of anyone who obtains access to the Services using Customer's password) in using the Service including the activities of its employees, agents, agents and contractors. Customer shall conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users. Customer may access the Internet system for lawful purposes only, and Customer shall comply with rules and regulations established by Datapath’s Bright Bear Technology Solutions and other networks through which Datapath Bright Bear Technology Solutions provides the Services. Customer shall not use Datapath’s Bright Bear Technology Solutions’ Internet system to transmit any material or to publish any web page (1) that incorporates or otherwise uses without permission any copyrighted works, trademarks, or trade secrets of any other person or entity; (2) that incorporates or otherwise uses any material legally determined to be threatening or obscene; or (3) that otherwise violates any state or federal law, statute or regulation. If Datapath Bright Bear Technology Solutions reasonably believes that its Internet Services are being utilized for any of the above or other unlawful purposes by the Customer, or otherwise in contravention of the terms and conditions under which the Internet Services are offered, DatapathBright Bear Technology Solutions, in its discretion, unless otherwise obligated by applicable law or court order, may immediately discontinue such Services to the Customer without liability and/or report all violations under the Digital Millennium Copyright Act. Similarly, usage by Customer that could possibly result in damage to the hardware, software, or security of DatapathBright Bear Technology Solutions, its network, subscribers or the Internet system may result in immediate cancellation of Internet Services. In such event, all past due amounts owed by Customer plus a termination fee in the amount that would otherwise have been due for the Internet Services will become due. Expressly prohibited activities include, but are not limited to: (i) downloading software on the Internet system via Services supplied by Datapath Bright Bear Technology Solutions that interferes with operations of the Internet system or Datapath’s Bright Bear Technology Solutions’ network system; (ii) manipulation of the Internet system to allow operation of programs accessed via the Internet while not actively online; (iii) the use of Datapath’s Bright Bear Technology Solutions’ servers, its customers’ servers, or any other network devices and/or network services associated with DatapathBright Bear Technology Solutions, to be used to relay mail (defined as using any mail server at Datapath Bright Bear Technology Solutions for the purpose of having the email appear to come from any Datapath Bright Bear Technology Solutions managed email gateway), or used in any illegal manner whatsoever which includes, without limitation, items such as SPAM, UCE (unsolicited commercial email), UBE (unsolicited bulk email).

Internet and E-Mail Use. Where Datapath’s TekLinks’ Services include Internet access, Customer is responsible for providing and maintaining all computer equipment, software, cabling and telecommunications services necessary to access Internet Services. Customer shall be solely responsible for its connection to the Internet and shall maintain a valid IP address to enable Customer to use the Service. Customer shall be solely responsible for its activities (and the activities of anyone who obtains access to the Services using Customer's password) in using the Service including the activities of its employees, agents, agents and contractors. Customer shall conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users. Customer may access the Internet system for lawful purposes only, and Customer shall comply with rules and regulations established by Datapath’s TekLinks and other networks through which Datapath TekLinks provides the Services, including, without limitation, TekLinks’ Acceptable Use Policy and Digital Millennium Copyright Act Compliance Policy, current copies of which are found at xxxx://xxxxxxxx.xxx/xxxxxxx.xxx?id=373781. Customer shall not use Datapath’s TekLinks’ Internet system to transmit any material or to publish any web page (1) that incorporates or otherwise uses without permission any copyrighted works, trademarks, or trade secrets of any other person or entity; (2) that incorporates or otherwise uses any material legally determined to be threatening or obscene; or (3) that otherwise violates any state or federal law, statute or regulation. If Datapath TekLinks reasonably believes that its Internet Services are being utilized for any of the above or other unlawful purposes by the Customer, or otherwise in contravention of the terms and conditions under which the Internet Services are offered, DatapathTekLinks, in its discretion, unless otherwise obligated by applicable law or court order, may immediately discontinue such Services to the Customer without liability and/or report all violations under the Digital Millennium Copyright Act. Similarly, usage by Customer that could possibly result in damage to the hardware, software, or security of DatapathTekLinks, its network, subscribers or the Internet system may result in immediate cancellation of Internet Services. In such event, all past due amounts owed by Customer plus a termination fee in the amount that would otherwise have been due for the Internet Services will become due. Expressly prohibited activities include, but are not limited to: (i) downloading software on the Internet system via Services supplied by Datapath TekLinks that interferes with operations of the Internet system or Datapath’s TekLinks’ network system; (ii) manipulation of the Internet system to allow operation of programs accessed via the Internet while not actively online; (iii) the use of Datapath’s TekLinks’ servers, its customers’ servers, or any other network devices and/or network services associated with DatapathTekLinks, to be used to relay mail (defined as using any mail server at Datapath TekLinks for the purpose of having the email appear to come from any Datapath TekLinks managed email gateway), or used in any illegal manner whatsoever which includes, without limitation, items such as SPAM, UCE (unsolicited commercial email), UBE (unsolicited bulk email). If Customer subscribes to TekLinks TekFilter Service, Customer shall notify TekLinks within fourteen (14) days if the number of Customer’s Users increases by more than five percent (5%) of the then-licensed number of Users. Customer agrees that if the average number of e-mails received by each of Customer’s then-licensed Users in any one month exceeds the average number of e-mails received per licensed User measured across the TekLinks Network that same month by 250% or more, TekLinks may increase the Services Fees of Customer to an amount that would have been due if the number of licensed Users were increased so that limit was not exceeded. Such increase shall remain in effect until three (3) months after the number of e-mails received by Customer per actual licensed User no longer exceeds such limit. Customer shall be responsible for ensuring that Customer's e-mail is directed through the Service by making and maintaining the appropriate configuration settings. If Customer subscribes to TekLinks TekFilter Service, Customer may relay e-mail through TekLinks for the sole purpose of security and content filtering.