Acceptable Use

Policy Introduction

This Acceptable Use Policy is intended to help provide high quality, reliable service to our customers; protect the privacy and security of our customers, systems, and networks; encourage responsible use of ProValue.Net's and other ISPs' resources; and comply with applicable laws. This Policy describes some uses of the ProValue.Net Network which are prohibited. ProValue.Net may in its sole discretion determine whether a use of the ProValue.Net Network is a violation of this Policy. While we do not intend to monitor, control, or censor communications on the ProValue.Net Network, when we become aware of a violation of this Policy, we will take actions we deem appropriate to address the violation, as referenced below. This Policy applies to all customers of ProValue.Net services, and to all other users of the ProValue.Net Network. This Policy supplements, but does not supersede, the contracts that customers have with ProValue.Net; if such a contract restricts a use of the ProValue.Net Network that is not addressed in this Policy, the contract will govern with respect to such use.

Prohibited Uses

Uses of the ProValue.Net Network described below are prohibited under this Policy. These descriptions are guidelines and are not intended to be exhaustive.

Copyright Infringement

The ProValue.Net Network may not be used to download or to share any media or content that is protected by Copyright. As directed by the Digital Millennium Copyright Act of 1998, ProValue.Net will forward any notice of Copyright Infringement received from Copyright Holders to the ProValue.Net customer that is assigned the IP address specified in the notice.

Repeated Copyright Infringement notices will result in termination of access to the ProValue.Net network.

Illegal/Criminal Activity

The ProValue.Net Network may not be used in connection with attempts - whether or not successful - to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

ProValue.Net customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy. Examples include improperly securing your personal computer so that it may be compromised to send spam, share copyright material, or perform any other abusive behavior, improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

Threats

The ProValue.Net Network may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

Obscenities

The ProValue.Net Network may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam

Spam is an unacceptable use of the ProValue.Net Network. Spam includes any of the following activities:

  1. Collecting the responses from unsolicited email.
  2. Sending any unsolicited email that could be expected, at ProValue.Net's discretion, to provoke complaints.
  3. Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
  4. Sending email that does not accurately identify the sender, the sender's return address, and the email address of origin.
  5. Using ProValue.Net network resources to violate another Internet Service Provider's acceptable use policy and/or terms of service.
  6. Sending email with charity requests, petitions for signatures, or any chain mail related materials.
  7. Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.

Indirect Access

A violation of this Policy by someone having only indirect access to the ProValue.Net Network through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user.

In addition, this policy applies to any email or content transmitted by you or on your behalf which uses an ProValue.Net account as a mailbox for responses or promotes content hosted or transmitted using ProValue.Net facilities, or which indicates in any way that ProValue.Net was involved in the transmission of such email or content.

Consequences

Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by ProValue.Net in its sole discretion. When feasible, it is ProValue.Net's preference to give notice so that violations may be addressed voluntarily; however, ProValue.Net reserves the right to act without notice when necessary, as determined by ProValue.Net in its sole discretion. ProValue.Net may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.