The following is Assimulare, Inc.'s Acceptable Use Policy (the "Policy") applicable to all Customers, their subsidiaries, affiliates and end-users and supersedes any other written or oral Policy. Upon notice published online via Assimulare's web page, Assimulare may, in its sole discretion, modify this Policy as well as discontinue or change services offered by Assimulare. Assimulare reserves the right to revise the Policy from time to time at its sole discretion. Assimulare's goals are to protect network resources, preserve the privacy and security of Assimulare and its customers' networks, and maximize the utility of both Assimulare and the Internet, while recognizing Assimulare's position in the Internet community as a whole.

By using any of the services offered by Assimulare, Customers are bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of services or such other action as Assimulare, in its sole discretion, deems appropriate.

The Assimulare Network may be used only for lawful purposes. Transmission, distribution 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, constitutes an illegal threat, or violates export control laws. Assimulare reserves the right to remove any and all materials that infringe on another's copyright or other intellectual property rights from its servers. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged infringement.

Any "denial of service" attacks, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.

Customers may not send unsolicited email to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited email. Assimulare services may not be used to send unsolicited advertising messages to other network users. Customers may not flood ("spam") newsgroups with commercial or non-commercial postings.

Customers may not continue to send commercial email to a recipient if that recipient has requested that the Customer to discontinue such communication. Assimulare prohibits the transmission of email or newsgroup postings that are harassing, libelous, defamatory, legally obscene or pornographic, abusive, or hateful to non-consenting recipients.
The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is impermissible without express written approval by Assimulare. "Mailbombing" (i.e. flooding a user or site with large or numerous email messages) is strictly prohibited.

Customers may not forge header information on email or any other material transmitted through Assimulare servers. The use of Assimulare services to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider is strictly prohibited.

Certain Internet services accessible through Assimulare's network may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. Assimulare does not endorse such materials, but Assimulare is not responsible for any such content, and disclaims any and all liability for such content. The transmission of such material over Assimulare's network is strictly prohibited as delineated above. However, it is not possible for Assimulare to absolutely detect and disallow such transmission, therefore, access to such materials is at the Customer's own risk.

Use of any information obtained via Assimulare's service is at the Customer's own risk. Assimulare specifically denies any responsibility for the accuracy or quality of information obtained through Assimulare services. The rules and regulations contained within this Policy apply to all other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
Customers agree not to resell Assimulare products or services without prior written consent from Assimulare.

Customers agree to defend, hold harmless, and expeditiously indemnify Assimulare from any and all liability, claim, loss, damage or expense arising out of a breach or violation of any covenant contained in this Policy, or resulting from the use of the services.
Customers agree to waive and hold Assimulare harmless from any claims relating to any action taken by Assimulare as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customers cannot sue or recover any damages whatsoever from Assimulare as a result of the decision to remove material from Assimulare servers, or to suspend or terminate Customers access to Assimulare's network.