1.
Scope. This Acceptable
Use Policy (this "Policy") governs the usage of Power
Solutions Limited's products and services (the "Services").
This Policy is incorporated by reference into each contract Power
Solutions Limited enters into with a customer (each, a
"Customer") for the use of such Services. Power Solutions
Limited may modify this Policy at any time without notice. In addition,
this Policy is incorporated by reference into the Terms and Conditions
applicable to Power Solutions Limited's Web site so that no person who
utilizes Power Solutions Limited's Web site (regardless of whether that
person is a Customer) may take any action utilizing Power Solutions
Limited's Web site that a Customer would be prohibited to take
utilizing the Services.
2.
Purpose. The purpose
of this Policy is to enhance the quality of the Services and to protect
Power Solutions Limited'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
Power Solutions Limited (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.
3.
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 text, 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; or
v.
Utilize the Services in any manner that violates
applicable law.
c.
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.
d.
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 Power Solutions Limited or other network hosts or
Internet users or to otherwise degrade or impair the operation of Power
Solutions Limited'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 Power Solutions Limited's servers;
v.
Utilize the Services to subvert, or assist
others in subverting, the security or integrity of any Power Solutions
Limited systems, facilities or equipment;
vi.
Utilize the Services to gain unauthorized access
to the computer networks of Power Solutions Limited 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 distribute, advertise or
promote software or services that have the primary purpose of
encouraging or facilitating unsolicited commercial e-mail or spam;
xii.
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;
xiii.
Utilize the Services in any manner that might
subject Power Solutions Limited to unfavorable regulatory action,
subject Power Solutions Limited to any liability for any reason, or
adversely affect Power Solutions Limited'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 Power Solutions Limited in its
sole discretion; or
xiv.
Utilize the Services in any other manner to
interrupt or interfere with the Internet usage of other persons.
4.
Violations
a.
Disclaimer. Power Solutions
Limited expressly disclaims any obligation to monitor its Customers and
other Users with respect to violations of this Policy. Power Solutions
Limited 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. Power
Solutions Limited encourages Users to report violations of this policy
by e-mail to: abuse@Power Solutions Limited.com, 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. Power
Solutions Limited encourages Users to report an alleged copyright
infringement involving a user by sending a notice to:
Copyright Violations
Attention: Mr. Abeer Ikhlas Ahmad
Power Solutions Limited
First Floor, 89,
Corner Drapers and St Jean Streets,
Quatre Bornes,
Republic of Mauritius.
d.
Remedies. If Power
Solutions Limited learns of a violation of this Policy, Power Solutions
Limited will respond to the applicable Customer and may, in Power
Solutions Limited's sole discretion, take any of the following actions,
in accordance with the severity and duration of the violation:
i.
Warning the Customer;
ii.
i.
Warning the Customer;
ii.
Suspending the offending Customer from the
Services;
iii.
Terminating the offending Customer from the
Services;
iv.
Imposing fees or charges on the offending
Customer account in accordance with the applicable service contract;
v.
Removing the offending content; and
vi.
Taking other action in accordance with this
Policy, the applicable service contract or applicable law.
5.
Reservation of Rights. Power
Solutions Limited reserves the right to cooperate with appropriate
legal authorities in investigations of claims of illegal activity
involving Power Solutions Limited's Services, Customers and other
Users. Power Solutions Limited 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. Power Solutions
Limited 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 Power Solutions Limited is
authorized to monitor its communications through Power Solutions
Limited's network for such purposes.
