Pathway International

Pathway International Acceptable Use Policy (AUP)
Effective Date: This Privacy Policy was last updated on February 8, 2006.

Introduction
Pathway International's Usage Policy is designed to protect Pathway International, its venders, contractors, affiliates, customers and others from illegal, malicious, damaging and inappropriate behavior by users of Pathway International's services. All users of Pathway International's services are subject to the Usage Policy.

This Acceptable Use Policy encourages the responsible use of Pathway International's services and delineates the relatively narrow range of uses of Pathway International services that are contrary to Pathway International's mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of Pathway International's systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the Pathway International services described below are prohibited.

Usage Policy

AUP
Scope and Application of Policy
Pathway International maintains this Acceptable Use Policy ("AUP") to provide users of its Services (as such term is defined in the Terms of Service for purposes of this AUP, the term "Services" shall also be deemed to include Pathway International's various systems and network) with a clear statement of rules and use restrictions that apply to the use of Pathway International's Services.

This AUP forms an integral part of the Terms of Service that govern your use of Pathway International's Services. Your compliance with and cooperation in Pathway International's enforcement of this AUP is an express condition to your continuing contractual rights to use Pathway International's Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for Pathway International to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at our website and that your continued use of Pathway International's Services will constitute your acceptance of any changes or additions to this AUP. You may determine the date of posting at the Effective Date section of this AUP.

This AUP is not intended to address all possible unacceptable uses of Pathway International's Services. As a result, Pathway International reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as Pathway International deems appropriate in its sole discretion.

Prohibited Uses

I. You agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by Pathway Internationals. The following are prohibited uses of our services:

Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation 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, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. You may not transmit, distribute, or store material that contains a virus, "Trojan Horse," corrupted data, or any software or information to promote or utilize software or any of Pathway International services to deliver unsolicited e-mail. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.

You may not use Pathway International's Services to disseminate or display images or other content that constitutes child pornography under United States laws.

Pathway International applies a zero tolerance policy to the enforcement of this prohibition. Pathway International takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. Pathway International reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that Pathway International may be cooperating with law enforcement or that Pathway International has reported the use of its Services in this manner.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Pathway International's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a Website, email address or utilizing any resource hosted on Pathway International's servers, is prohibited. Pathway International accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Pathway International customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Pathway International hosted domain, or referencing any Pathway International account, is prohibited. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.

Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, and denial of service attacks.

Forwarding Internet users to any Website that, if such Website were provided by Pathway International, would violate the provisions of this Acceptable Use Policy.
Using the Private Registration service to provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party.
Using the DNS Manager service, or knowingly or recklessly permitting others to use the DNS Manager Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of Pathway International's network by other customers or authorized users; (d) in a manner that is inconsistent with Pathway International routing policies, provided you have notice of such policies or such policies are publicly available on Pathway International Website; (e) in violation of the applicable acceptable use policies of Pathway International's backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Websites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Manager Service provided by Pathway International; or (g) in a manner which, in Pathway International opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Pathway International network or on another provider's network.
Using Pathway International's services in a manner that interferes with the use or enjoyment of the Pathway International network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other Pathway International customers.

Holding of Pathway International (including its affiliates, partners and third parties) or their employees or shareholders up to public scorn, ridicule, or defamation.
Impersonating any person or entity, including, but not limited to, a Pathway International official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

II. You acknowledge and agree that it is a violation of this AUP for your services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Pathway International's systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party over which you have no control.

III. You are solely responsible for the content you furnish to Pathway International in connection with your Website or other services we provide to you, or make available to others through use of our services. Pathway International cannot and does not design (except where you are receiving our Design Services), review or screen content you provide to us for inclusion in your Website (or that you use, provide or make available in connection any services we provide to you) and does not assume any obligation to monitor such content. However, you agree that we may review your Website or any other content in responding to a third party complaint or for any other reason.

IV. You may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our services. You agree that you will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.

Violations
If Pathway International determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, Pathway International may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. Pathway International reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if (i) our opinion or suspicion is proven not to be well founded or (ii) we provide other customers services that have similar characteristics or are being used in a similar manner as your services. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. You also understand and agree that by providing you services, Pathway International in no way endorses your Website or deems your content to be suitable under the terms of this Agreement.

You agree that Pathway International shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Modifications to this Acceptable Use Policy
You agree that Pathway International, in its sole discretion, may modify this Acceptable Use Policy at any time. We will post any such revised policy on our Website. You agree that any changes will be effective when posted on-line and that your continued use of Pathway International's Services will constitute your acceptance of any changes or additions to this AUP.  Use of the Pathway International services after the posting period constitutes acceptance of the modification.





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