ONLINE CONDUCT

Customer Content. Customer acknowledges that Telefonica USA, Inc. exercises no control whatsoever over the content of the information passing through Customer’s site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and this AUP.

Prohibited Activities. Customer will not, and will not permit any persons (“Users”) using Customer’s online facilities and/or services, including, but not limited to, Customer’s Web site(s) and transmission capabilities, to do any of the following (“Prohibited Activities”):

• send unsolicited messages or communications in any form (“spam”) including the following:
  • messages sent for sales or marketing purposes
  • chain letters (where recipient is being asked to forward message to other parties)
• publication or distribution of child pornography
• unauthorized access, theft, destruction of third party information, denial of service with or without spoofing (“hacking”)
• disseminate information about the creation or transmission of viruses, worms, trojan horses or any other type of attack
• any activity relating to the interruption or degradation of network services
• engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
• engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
• send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
• intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
• engage in any activities or actions intended to withhold or cloak Customer’s or its Users’ identity or contact information;
• publication or distribution of adult material , including, but not limited to violence, and pornography, without sufficient safeguards or barriers to prevent access by minors
• use the Telefonica USA, Inc. connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like; and
• assist or permit any persons in engaging in any of the activities described above.
   

If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User’s access to Customer’s online facilities.

Third Party Complaint Process. Telefonica USA, Inc. routinely receives written complaints (“Complaints”) from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Due to the nature of Telefonica USA, Inc.’s business, in Telefonica USA, Inc.’ experience, most legitimate complaints and actual Prohibited Activity is conducted by customers and users of Telefonica USA, Inc.’s customers, not by Telefonica USA, Inc.’s customers themselves. Telefonica USA, Inc. requires its Customers to use policies similar to this AUP and will work with its customers to resolve violations. Telefonica USA, Inc. will take the following actions to document and resolve each Complaint received by Telefonica USA, Inc. related to a Customer or its Users.

First Complaint. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Telefonica USA, Inc. will send a letter (the “First Letter”) to the complaining third party that describes Telefonica USA, Inc.’s policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Telefonica USA, Inc.. Telefonica USA, Inc. also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. Telefonica USA, Inc.’s goal is to put the complainant directly in touch with the party in the best position to remedy the problem, Telefonica USA, Inc.’s Customer who has the relationship with the alleged violator.

Second Complaint. Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Telefonica USA, Inc. will send a second letter (the “Second Letter”) with a copy of the second complaint to the Customer and request that Customer respond in writing to Telefonica USA, Inc. with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to the Telefonica USA, Inc.’s Second Letter and remedy the Prohibited Activity within ten (10) business days, Telefonica USA, Inc. will bill Customer in the following month $500 to cover Telefonica USA, Inc.’ administrative costs associated with the Prohibited Activities of Customer.

Third Complaint. Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Telefonica USA, Inc. will send a third and final letter (the “Third Letter”) with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Telefonica USA, Inc. will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Telefonica USA, Inc. will also bill its Customer $5,000 to cover Telefonica USA, Inc.’s administrative costs associated with the Prohibited Activities.

Suspension and Termination of Service. Telefonica USA, Inc. reserves the right to suspend and/or terminate a Customer’s Service at any time for any material failure of Customer, its Representatives or its Users to comply with these AUP.