acceptable use policy
Terms of Service and Acceptable Use Policy (AUP)
Access to the Service. The Service is a free public service provided by Open Park. Your access to the Service
is completely at the discretion of Open Park, and your access to the Service may be blocked, suspended, or
terminated at any time for any reason including, but not limited to, violation of this Agreement, actions
that may lead to liability for Open Park, disruption of access to other Users or networks, or violation of
applicable laws or regulations. Open Park may revise this AUP at any time. You must accept this Agreement each
time you use the Service and it is your responsibility to review it for any changes each time.
Acceptable Use of the Service. Open Park supports the free flow of information and ideas over the Internet.
Although Open Park has and accepts no obligation to monitor your use of the Service nor edit or censor content
transmitted (via e-mail, downloading, uploading, posting, or otherwise) through the Service, your access to
the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any
activities conducted online through the Service shall not violate any applicable law or regulation or the
rights of Open Park, or any third party. Open Park cannot accept any responsibility for any injury or loss
that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
Disclaimer. You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or
other harmful applications may be available through the Service; (iii) that Open Park does not guarantee the
security of the Service and that unauthorized third parties may access your computer or files or otherwise
monitor your connection; (iv) that Open Park's ability to provide the Service without charge is based on the
limited warranty, disclaimer and limitation of liability specified in this Section and it would require a
substantial charge if any of these provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES
PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN AS IS, AS AVAILABLE, BASIS WITHOUT WARRANTIES
OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT
OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES,
GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL
OR WRITTEN STATEMENTS BY OPEN PARK, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HERE BY OVERRIDDEN,
EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE,
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
No Consequential Damages. UNDER NO CIRCUMSTANCES WILL OPEN PARK, ITS SUPPLIERS OR LICENSORS, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON
CLAIMS OF USER, CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED
ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE
OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO
EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF
EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT
OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT OPEN PARK OR ITS OFFICERS, DIRECTORS, EMPLOYEES
OR VOLUNTEERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT
JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS.
THE USE OF THE SERVICE FOR THE FOLLOWING ACTIVITIES IS PROHIBITED:
Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet
using the Service or using the Service for activities that invade another's privacy.
Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade
secrets, or any other proprietary right of any third party.
Obscene or Indecent Speech or Materials: Using Open Park's network to advertise, solicit, transmit,
store, post, display, or otherwise make available obscene or indecent speech, images or other such materials.
Open Park will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service
in any way connected with child pornography or the solicitation of sex with minors.
Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise making available
defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction
of property or harasses another.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the
originator of the message.
Hacking: Accessing illegally or without authorization computers, accounts, equipment or networks belonging
to another party, or attempting to penetrate security measures of another system. This includes any activity
that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans,
stealthscans, or other information gathering activity.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing
information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the
ability of others to effectively use the Service or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP, which includes the facilitation of the
means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations: The transfer of technology, software, or other materials in violation of applicable
export laws and regulations, including but not limited to the U.S. Export Administration Regulations and
Executive Orders. This shall include exporting encryption software over the Internet or otherwise to points
outside the United States.
Other Illegal Activities: Using the Service in violation of applicable law or regulation, including, but not
limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, chain
letters, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy
products, items, or services.
Other Activities: Engaging in activities, whether lawful or unlawful, that Open Park determines to be harmful
to other users of the Service, or its operations, reputation, goodwill or public relations.
Sale/Rental of the Service: The sale, transfer, or rental of the Service to customers, clients or other
third parties, either directly or as part of a service or product.
Notice of Violations of the AUP: Open Park requests that anyone who believes that there is a violation of
the AUP direct the information to: info@openpark.net
Open Park reserves the right to revise, amend, or modify this AUP at any time and in any manner.
This Agreement was last revised on April 9, 2004.
© Copyright 2005 The Open Park Project
Copyright © 2006 The Open Park Project. All Rights Reserved.