Acceptable Use Policy
Scope. This Acceptable Use Policy (the "Policy") governs the usage of Convergence, LLC (“Convergence”) services (the "Services"). This Policy is incorporated by reference into each contract Convergence enters into with a customer (each, a "Customer") for the use of such Services. Convergence may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Interactive Services Agreement applicable to Convergence's Web site so that no person who utilizes Convergence's Web site (regardless of whether that person is a Customer) may take any action utilizing Convergence's Web site that a Customer would be prohibited to take utilizing the Services.
1. Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect Convergence's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Convergence (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
2. Prohibited Uses. Users may not: a. Utilize the Services to send mass unsolicited e-mail to third parties. b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not: i. Utilize the Services to copy material from third parties (including TimesText, graphics, music, videos or other copyrightable material) without proper authorization; ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; iv. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; v. Utilize the Services in violation of laws and regulations regarding collection and use of personally identifiable information or other privacy laws; or vi. Utilize the Services in any other manner that violates applicable law. c. Utilize the Services to post or transmit adult material, including, but not limited to, pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Convergence; d. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not: i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person. ii. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law. e. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not: i. Utilize the Services to cause denial of service attacks against Convergence or other network hosts or Internet users or to otherwise degrade or impair the operation of Convergence’s servers and facilities or the servers and facilities of other network hosts or Internet users; ii. Post messages or software programs that consume excessive CPU time or storage space; iii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account; iv. Utilize the Services to resell access to CGI scripts installed on Convergence’s servers; v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Convergence systems, facilities or equipment; vi. Utilize the Services to gain unauthorized access to the computer networks of Convergence or any other person; vii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; viii. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames); ix. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; x. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); xi. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam; xii Utilize the Services in any manner that might subject Convergence to unfavorable regulatory action, subject Convergence to any liability for any reason, or adversely affect Convergence’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Convergence in its sole discretion; or xiii. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
3. Violations a. Disclaimer. Convergence expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Convergence has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. b. Reporting Non-Copyright Violations. Convergence encourages Users to report violations of this policy by e-mail to: “abuse@Convergence.conetm”, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail. c. Reporting Copyright Violations. Convergence complies with the Digital Millennium Copyright Act ("DMCA"). Convergence may, in appropriate circumstances and at its discretion, disable and/or terminate the Services of users who may be infringing the intellectual property rights of others. Convergence encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to Convergence’s Agent for Notice of claims of copyright or other intellectual property infringement (See http://lcweb.loc.gov/copyright/onlinesp/ for more information and http://www.loc.gov/copyright/onlinesp/list/index.html for the directory of agents.): DMCA Notices Attention: Barbara Kallins Matty, Esq. Convergence, Inc.LLC 6 Journey, Aliso Viejo, CA 92656 d. Remedies. If Convergence learns of a violation of this Policy, Convergence will respond to the applicable Customer and may, in Convergence’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation: 0. Warning the Customer; 1. Suspending the offending Customer from the Services; 2. Terminating the offending Customer from the Services; 3. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
4. Removing the offending content; and 5. Taking other action in accordance with this Policy, the applicable service contract or applicable law. 4. Reservation of Rights. Convergence reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Convergence’s Services, Customers and other Users. Convergence reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Convergence may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Convergence is authorized to monitor its communications through Convergence's network for such purposes.
5. Changes to Acceptable Use Policy. Convergence may amend its Acceptable Use Policy at its discretion. A current copy of the Acceptable Use Policy will be maintained on the Convergence website