Acceptable Use Policy

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Use of the Xiber Network and its services is provided to you (meaning the Customer) only if you accept this Acceptable Use Policy. This Acceptable Use Policy sets forth the legally binding terms for your use of the Xiber Network.

Please read the following Acceptable Use Policy carefully and save this document for future reference.

This Acceptable Use Policy sets forth Xiber’ policy for acceptable use of the Xiber Network and for content that you may post on the Xiber Network, and describes your rights, obligations and restrictions regarding your use of the Xiber Network. In order to participate in certain services on the Xiber Network, you may have to download software or content and/or agree to additional terms and conditions.

Xiber may modify this Acceptable Use Policy from time to time and such modification shall be effective upon posting on the Xiber Website at https://xiber.net by Xiber. You agree to be bound to any changes to the Acceptable Use Policy when you use the Xiber Network after any such modification is posted. It is therefore important that you review the posted Acceptable Use Policy regularly to ensure you are updated as to any changes.

ELIGIBILITY

You will comply with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent, if you decide to allow children under the age of 13 to access the Internet or your network through the Xiber Network.

Xiber reserves the right, at all times, to disclose any information as we deem necessary to satisfy any Applicable Law or legal process or governmental request in our sole discretion.

GENERAL USE

The Xiber Network may be used only for lawful purposes. You agree not to use the Xiber Network for any unlawful or prohibited purpose. Unauthorized use of the Xiber Network, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Xiber Network.

Despite the best efforts of Xiber to provide accurate information, it is not possible to completely ensure that information on the Xiber Network is correct at all times. Xiber assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Xiber Network.

If you become aware of misuse of the Xiber Network by any person, please contact us directly at legal@xiber.net.

PROHIBITED CONTENT

The following are examples of materials that must not be included in content passed through the Xiber Network. The following materials are either illegal or otherwise prohibited by Xiber from being posted on the Xiber Network. We reserve the right (but are not obligated) to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, by submitting or posting any of the following:

material that is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

material that threatens, harasses or advocates harassment of another person;

material that illegally exploits people in a sexual or violent manner;

material that solicits personal information directly from anyone under the age of 13;

material that contains information that you know is false or misleading or material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

material that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music, movies or computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

material that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” “phishing,” or “spamming”;

material that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.

Although we prohibit the aforementioned materials, Xiber cannot guarantee that submissions by other Xiber Network users will not contain inappropriate or offensive material, or inaccurate information, and Xiber assumes no responsibility for this material. We do not control or endorse any content posted on the Xiber Network by third parties and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Xiber Network.

INTELLECTUAL PROPERTY

You must keep intact all copyright, trademark and other proprietary notices when transmitting the intellectual property of third parties over the Xiber Network. Reproduction or redistribution of third-party copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Copying or reproduction of copyright and trademark-protected material to the Xiber Network for further reproduction or redistribution by you without an express license between you and the appropriate rights holder is expressly prohibited.

We do not monitor, moderate, or in any way seek to filter or modify your communications over the Xiber Network. However, we reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of the Xiber Network or delete any content at any time, in response to an allegation of infringement of any intellectual property rights of a third-party. Xiber is under no obligation to monitor the content of the Xiber Network and assumes no responsibility for any inappropriate content or conduct that is posted or occurs on the Xiber Network.

If you become aware of misuse of the Xiber Network by any person, please contact us directly at legal@xiber.net.

If you believe that your proprietary work has been copied and/or posted on the Xiber Network in a way that constitutes copyright infringement, please contact our Copyright Agent at legal@xiber.net (or by regular mail at 3500 Depauw Boulevard, Suite 1042, Indianapolis, Indiana 46268, Attention: Legal Department), with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Xiber Network;

your address, telephone number, and email address;

a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

USERNAMES AND PASSWORDS

To access certain portions of the Xiber Network, you may be asked to set a username and password. You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for any and all use of your account. You should not disclose your password to any third party, and Xiber disclaims any liability relating to your disclosure of your password. You agree to notify Xiber immediately if you suspect any unauthorized use of your account or access to your password. You agree not to use the account information, username, or password of any other user at any time.

LINKS

Any links to third party websites or services that are posted on the Xiber Network by users are not under the control of Xiber, and we are not responsible for their contents or any other links within them. We are not responsible for transmissions you receive from third party websites or services or for their failure to work properly. Any links on the Xiber Network are provided only as a convenience, and Xiber does not endorse any third-party Websites or services, unless otherwise provided. You are solely responsible for abiding by the terms of use of any third-party Website or service.

GENERAL DISCLAIMER

Xiber is not responsible for any incorrect or inaccurate submissions or postings on the Xiber Network, whether caused by users of the Xiber Network or by any of the equipment or programming used in or associated with the Xiber Network. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.

 

Xiber is not responsible for the postings or conduct, whether online or offline, of any user of the Xiber Network. Under no circumstances shall Xiber be responsible for any loss or damage, including personal injury or death, resulting from use of the Xiber Network or from any postings or submissions on or through the Xiber Network.