This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and hosting services of NUI Media, Inc. (“NUI”). The policy is designed to protect the security, integrity, reliability, and privacy of NUI networks and the products and services NUI offers to their customers. NUI reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of NUI products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

NUI may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, NUI attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, NUI reserves the right to suspend or terminate based on a first offense.

Electronic Communications Privacy Act Notice

NUI makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon NUI’s technology, and makes no guarantee that any other entity or group of users will be included or excluded from NUI’s network. In addition, NUI may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508.  If you are unsure of whether any contemplated use or action is permitted, please contact NUI at NUI Abuse.