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Orion Acceptable Use Policy

In order to protect the numerous competing interests relating to Internet usage and our services, Orion Mobility, LLC (“Orion”) has created this Acceptable Use Policy, which is intended as a guide to the customer’s rights and obligations when utilizing Orion’s hosting services. This document also contains information about the types of behavior permitted and prohibited on Orion’s network. If you have any questions regarding this AUP, please contact us at support@orionmobility.com.

Adherence to AUPs

From time to time Orion may impose reasonable rules and regulations regarding the use of its services (“AUPs”). The AUPs are not exhaustive and Orion reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs at  (with a link accessible from the home page) or notification to you of the modified AUPs. By submitting an order for any Orion hosting services, you agree to abide by the AUPs as modified from time to time. Unlisted activities may also constitute violations of this AUP such activities are illegal, irresponsible, contrary to public policy or otherwise disruptive. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ORION. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES AND DOMAIN NAMES. IT IS ORION’S POLICY TO TERMINATE SERVICE FOR REPEAT INFRINGERS. ORION RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Orion may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network (sometimes known as “hacking”).

  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, Trojan horses, sending Internet viruses, pinging, denial of service attacks, deliberate attempts to overload a system and broadcast attacks.

  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of this policy are responsible, without limitation, for the cost of labor to correct any damage done to the operation of the network and business operations supported by the network. Orion is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Orion urges its customers to assume that all of their on-line communications are insecure. Orion cannot take responsibility for the security of information transmitted over Orion’s facilities.

Network Responsibility

Customers have a responsibility to use the Orion network responsibly, which includes respecting the other customers of Orion. This includes, but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to Orion or its customers (i.e. computer hacking), and/or

  • Participating in behavior which results in reprisals that adversely effect the Orion network or other customers’ access to the Orion network.

Orion will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, without limitation, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning and port scanning. Any unauthorized use of accounts or computers by an Orion customer, whether or not the attacked account or computer belongs to Orion, will result in severe action taken against the attacker. Any attempt to undermine or cause harm to a server or customer of Orion is strictly prohibited. Orion will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. The customer is expected to be familiar with and to practice appropriate Internet etiquette. The customer will comply with the rules appropriate to any network to which Orion may provide access. The customer should not post, transmit or permit Internet access to information the customer desires to keep confidential.

Intellectual Property and other Violations of Law

The Orion network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of United States or state law, common law or any AUP is prohibited. Customer shall be prohibited from engaging in any activity over the Orion network that infringes or misappropriates the intellectual property rights of others, including copyright, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Orion complies with the Digital Millennium Copyright Act, and encourages customers to report cases of copyright infringement involving a customer to support@orionmobility.com. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. Similarly, if you copy, distribute or install software in ways that the applicable license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may also be fined and/or receive jail time. Orion will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Any conduct that constitutes harassment, fraud, stalking, abuse or a violation of federal export restriction in connection with use of Orion services or products is also prohibited. In addition, using the Orion network to solicit the performance of any illegal activity is prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within the Orion network are open to the public. You are solely responsible for your usage of the Orion network and servers and any statement you make on servers hosted within the Orion network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Obscene Speech, Child Pornography and other Inappropriate Material

The customer is not permitted to post any material that is tortuous, indecently depicts children, defamatory, harassing, abusive, threatening or is likely to result in retaliation against Orion by offended users. Using Orion’s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material is strictly prohibited. Orion will cooperate fully with any criminal investigation into a customer’s violation of the Child Protection Act of 1984 and any similar laws or statutes. Customers are ultimately responsible for the actions of their clients over the Orion network, and will be liable for illegal material posted by their clients.

Spamming and Unsolicited E-Mai

Orion will not tolerate any unsolicited e-mailing practices on the part of any customer (e.g. “SPAM” and/or “UCE”s). To this end, customers of Orion may not use or permit others to use our network to transact in Spamming or UCE (which includes a prohibition on hosting sites or information that is advertised by UCE from other networks). As Orion’s customers are ultimately responsible for the actions of their clients over the Orion network, it is advisable that customers develop a similar, or stricter, policy for their clients. Upon notification of an alleged violation of this policy, Orion will initiate an immediate investigation, during which time Orion may restrict customer access to the network to prevent further violations. If a customer is found by Orion, in its sole discretion, to be in violation of this policy, Orion may restrict, suspend or terminate the customer’s account. Further, Orion reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Orion will notify law enforcement officials if the violation is believed to be a criminal offense.

IP Address Overlap

Orion administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Orion staff. Any server found using IP addresses which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

Server Resources

Any web site that uses an excessive amount of server resources (i.e. CPU, memory usage, etc.), as determined by Orion in its sole discretion, will be given the option to either pay additional fees to maintain such usage or reduce the resources used to an acceptable level. In addition, Orion shared web hosting accounts are not to be used for the purpose of distributing and/or storing unusually large amounts of multimedia files.

Password Protection

The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use Orion’s service to guess passwords or to access other systems or networks without authorization. Orion will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Usenet Groups

Orion reserves the right not to accept postings from newsgroups where we have actual knowledge or reasonably suspect that the content of the newsgroup violates this AUP.

Internet Relay Chat (IRC)

Orion does not allow IRC or IRC bots to be operated on Orion’s servers.

Indemnification

By registering or signing up for any services, customer agrees to indemnify Orion for any violation of these AUPs or any law that results in loss to Orion or the bringing of any claim against Orion by any third-party. This means that if Orion is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Orion, plus costs and reasonable attorney’s fees.

Disclaimer of Responsibility

Orion is under no duty to monitor each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility to police Internet-related activities. Orion disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. In addition, because Orion cannot monitor or censor the Internet in any meaningful manner, and will not attempt to do so, Orion cannot accept any responsibility for injury to its customers arising from inaccurate, unsuitable, offensive or illegal Internet communications.

The Orion service is provided on an as-is basis, without any warranties of any kind, either express or implied. Orion expressly disclaims any representation or warranty that the Orion service will be error-free, secure or uninterrupted.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Suspension, Disclosure and Responsibilit

The responsibility for avoiding the harmful activities described above rests primarily with the customer. Orion will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with this Acceptable Use Policy or law, however whenever Orion becomes aware of harmful activities, it may take any action to stop the harmful activity, including, without limitation, removing information, shutting down the web site, implementing screening software designed to block offending transmissions, denying access to the Internet or any other action it deems appropriate.

Orion will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority or when public safety is at stake. Orion may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Furthermore, Orion may disclose information, including, without limitation, information regarding a particular customer, a transmission made using our network or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Orion assumes no obligation to inform the customer that his, her or its information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Orion may disclose customer information or information transmitted over its network where necessary to protect Orion and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the rights and obligations of our customers. Any complaints about a customer’s violation of this AUP should be sent to support@orionmobility.com.

Corporate Headquarters

4 Mountainview Terrace, Suite 101

Danbury, CT 06810

Toll Free: 1.800.GROSSUP (476.7787)

Phone: 1.203.762.0365


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