Miscellaneous and other activities

Defamatory or Abusive Language

Using Exabytes® network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.

Usenet Group postings that violates our TOS

Exabytes® reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Facilitating a Violation of our TOS

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, mail bombing, denial of service attacks, and piracy of software.

Other activities Exabytes® determines to be harmful

Engaging in activities, whether lawful or unlawful, that Exabytes® determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Exabytes® will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Exabytes® policy or applicable law. When Exabytes® 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.

Exabytes® 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, Exabytes® urges its clients to assume that all of their on-line communications are insecure. Exabytes® cannot take any responsibility for the security of information transmitted over Exabytes® facilities.

Exabytes® will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Exabytes®may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Exabytes® may disclose information, including but not limited to, information concerning a client, 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. Exabytes® assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Exabytes® may disclose client information or information transmitted over its network where necessary to protect Exabytes® and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Exabytes® and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to mailto:.

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