Acceptable use policies

THE IFX ACCEPTABLE USE POLICY (THE "POLICY") FOR INTERNET PRODUCTS AND SERVICES IS DESIGNED TO PROTECT IFX CORPORATION AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "IFX"), ITS CUSTOMERS, AND THE INTERNET COMMUNITY AT LARGE FROM IRRESPONSIBLE OR, IN SOME CASES, UNLAWFUL ACTIVITIES. THE POLICY IS A NON-EXCLUSIVE AND NON-EXCLUSIVE LIST OF ACTIONS PROHIBITED BY IFX. IFX RESERVES THE RIGHT TO CHANGE THIS POLICY AT ANY TIME WITHOUT NOTICE TO ITS CUSTOMERS.
PROHIBITED USES OF IFX SYSTEMS, PRODUCTS AND SERVICES:

1. Transmission, distribution or storage of any material in violation of any applicable law is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an unlawful threat or violates export control laws.

2. Sending unsolicited mail, including sending "junk mail" or other advertising material to persons who have not specifically requested such material (e.g., "e-mail flooding" or "spamming"). Repeated complaints by the recipient will result in a presumption of "unsolicited" messages, as will the recipient's express request not to continue receiving such material. This includes, but is not limited to, mass mailings of commercial advertising, informational announcements and political communications.

It also includes posting the same or similar messages in one or more newsgroups (excessive cross-posting or multiple posting). It is forbidden to falsify the header of messages in order to hide their true content. The Customer is also prohibited from hosting sites that are advertised through unsolicited e-mail messages or sites that generate such unsolicited e-mail messages, even if they are not generated directly from this site.

Hosting, advertising, marketing or otherwise making available to third parties any software, program, product or service designed to violate in any way this Policy or the acceptable use policies of another Internet access provider, including, but not limited to, programs designed to send unsolicited advertising messages ("spamware"), which are prohibited by this document.

The maintenance of any network services that allow, without restriction, the sending of messages or e-mails by third parties, including, but not limited to, open mail relays and mailing lists that do not have effective authentication methods (e.g., confirmed opt-in), is prohibited. IFX accounts or services may not be used to receive responses to messages sent from another Internet Service Provider if such messages violate this Policy or the policy of another Internet Service Provider.

Customer assumes responsibility for compliance with this Policy and agrees to hold IFX harmless for any penalties or fines associated with sending unsolicited e-mail, including costs associated with other Internet access providers.

3. Customer is prohibited from engaging in any activity that is intended or seeks to disrupt the services of other uses or networks of the Internet. This includes, but is not limited to, Internet Message Control Protocols or other attacks and transmissions of malicious electronic message packets ("mailbombing"). It is noted that spamming practices that IFX considers to be a serious damage to its public image or its relationship with third parties will result in immediate discontinuation of service until both parties agree on a mutually acceptable solution.

4. Resale, assignment or transfer of Voice over IP Services to third parties (e.g., "leaking"), without IFX's express written authorization.

5. Unauthorized use or falsification of mail header information (e.g., "spoofing").

6. Unauthorized access or attempt to gain unauthorized access to any account or computer resource not belonging to Customer (e.g., "cracking"), or to IFX's network.

7. Obtaining or attempting to obtain Services by any means or device intended to avoid payment.

8. Unauthorized access, alteration or destruction, or any attempt thereof, of information about IFX's customers or end users through any means or device.

9. Knowingly engaging in any activity that relates to user authentication or user security, or that results in a denial of service (e.g., attacks on synchronized number sequences) to any IFX customer or end user on IFX's network or another provider's network. The foregoing includes, but is not limited to, accessing information not intended by Customer, logging into servers or accounts to which Customer has not been expressly authorized to access; or testing the security of other computer systems or networks.

10. Participation in the transmission of data or information that is contrary to federal, state or municipal laws applicable to the service.

11. Use of IFX Products and Services to interfere with another customer's or authorized user's use of the IFX network. Each IFX customer shall be responsible for the activities of its customer base/representatives or end users and, by accepting the service offered by IFX, agrees to promote and enforce these rules. In the event of violations of the Acceptable Use Policy, IFX reserves the right to terminate services or take action to prevent Customer from committing a violation of IFX's AUP, at its sole discretion and without prior notice.

Customer shall indemnify, defend and hold harmless IFX from claims, demands, actions, actions, damages, liability, judgments, suits, expenses and costs (including reasonable attorneys' fees) arising out of Customer's conduct. IFX shall use reasonable efforts to notify Customer as soon as practicable of any claim seeking indemnification of which it becomes aware, giving Customer the opportunity to participate in the defense of such claim, provided that Customer's participation shall in no event be conducted to the detriment of IFX's interests, as reasonably determined by IFX. IFX's failure to notify Customer within a reasonable period of time shall not relieve or excuse Customer from its obligation to indemnify IFX, its affiliates, subsidiaries, members, affiliates, officers and employees.

This Policy forms part of the Service Agreement between IFX and you ("Customer") and is incorporated into this Service Agreement by reference. Any modifications made to the Policy shall be deemed to be incorporated into both the Policy and the Service Agreement. The Customer's continued use of the Service shall imply its tacit acceptance of the modifications made.

Complaints regarding illegal use, network security, abuse or spam should be sent to abuse@ifxcorp.com.

RESPONSIBLE USE OF LICENSING AND INFRASTRUCTURE

In the event that the contracted services require the installation of software and/or licenses by IFX, IFX is obliged to use it solely and exclusively for such service(s) and under the dimensioning for which it was contracted, therefore, the CONTRACTOR may not perform version upgrades or modifications of software and/or licenses without prior authorization from IFX. In case of any improper, fraudulent or unlawful use of the Contracting Party's own licensing and consequently there is any type of related affectation, the Contracting Party shall be directly liable to the supplier of the license and/or software. In any case, IFX may terminate the contract for just cause and collect compensation for any damages that may arise as well as repeat against the CUSTOMER in case of a claim made by the supplier or manufacturer of licenses and / or Software.

The Contracting Party shall reasonably cooperate with any Audit requirement that compromises the use of its licenses.

IFX does not screen or filter User Data or Content, and does not review, check, confirm, approve or verify any User Data or Content or the accuracy of such User Data or Content. Neither these Terms and Conditions, nor your use of the Service.

IFX's use of User Data and Content shall not imply or create any liability or responsibility for any User Data provided by other users and included in the Service. Your access to and use of the Service or any content is at your own risk. All data will be identified by an alphanumeric user ID.

You understand and agree that the Service is provided to you "AS IS" and "AS AVAILABLE" and IFX shall not be responsible or liable for any loss of data, or other damage caused by your access to or use of the Service. You also agree that IFX has no responsibility or liability for the deletion, or failure to store or transmit, any content maintained by the Service.

Disclaimer, Copyright and Trademark Information:

IFX has made every effort to ensure the accuracy and reliability of the information provided on the website However, the information is provided without warranty. IFX accepts no responsibility or liability for the accuracy, content, completeness or reliability of the information.