The Irvine Company LLC Acceptable Use Policy
Access to the internet (the “Service”) is a free service provided by The Irvine Company LLC, a Delaware Limited Liability Company (“Provider”). By accessing the Service you agree to utilize the Service in accordance with the terms and conditions of this Acceptable Use Policy (“AUP”). Your access to the Service is and shall remain completely at the discretion of Provider, 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 AUP, the commission by you of actions that may lead to liability for Provider or its owners, partners, members, directors, employees or agents, the disruption by you of access to other users or networks, and/or the violation by you of applicable laws or regulations. Provider may revise this AUP at any time. You must accept this AUP each time you use the Service and it is your responsibility to review it for any changes at such time.
Provider does not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Service, however, Provider may remove, block, filter, or restrict by any means any materials, in Provider’s sole and absolute discretion, which may be illegal, inappropriate, objectionable, or offensive or which may subject Provider to liability, or which may violate this AUP. Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Service and/or Provider account or other actions as detailed below.
The following shall constitute violations of this AUP (this list is intended to be illustrative and not exhaustive; other uses may violate the AUP and Provider remains the sole and final arbiter of acceptable usage of its Service):
- Illegal Use. Using the Service to advertise, solicit, transmit, receive, store, post, display, or otherwise make available any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- Obscene or Indecent Speech or Materials. Using the Service to advertise, solicit, transmit, receive, store, post, display, or otherwise make available obscene or indecent images or other materials.
- Inappropriate, Objectionable or Offensive Use. Using the Service to advertise, solicit, transmit, receive, store, post, display, or otherwise make available any material which in the sole opinion of Provider may be inappropriate, objectionable or offensive material (by email, uploading, posting, or otherwise), whether illegal or otherwise.
- 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.
- Harm to Minors. Using the Service to harm, or attempt to harm, minors in any way.
- Fraudulent Activity. Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, securities fraud and/or “chain letters.”
- Distribution of Internet Viruses, 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.
- Forgery or Impersonation. Using the Service to deceive, impersonate or misrepresent the identity of any person or entity, whether by adding, removing or modifying identifying network, message, or article header information or otherwise or by redirecting or misidentifying the owner of any website or the sender of any emails whether sent to one or more parties.
- Unsolicited Commercial Email/Unsolicited Bulk Email/Spam. Using the Service to transmit any unsolicited commercial email or unsolicited bulk email or spam, including but not limited to activities which have the effect of facilitating unsolicited commercial email or unsolicited bulk email or using deliberately misleading headers in e-mails sent to one or more parties.
- Unauthorized Access. Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Provider’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.
- Copyright or Trademark Infringement. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes upon any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and/or the unauthorized transmittal of copyrighted software, films, music or video or computer games.
- Collection of Personal Data. Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software product, 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. Using the Service to 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.
- Reselling the Service. Reselling the Service without Provider’s prior written authorization.
- Network Disruptions and Unfriendly Activity. Using the Service for any activity which adversely affects the ability of other people or systems to use the Service or the internet, including but not limited to the excessive consumption of network, system or bandwith resources whether intentional or unintentional and/or the interference with or disruption of other network users, network services or network equipment.
- High Volume. Using the Service for sustained, continuous or routine high volume data transfers.
- Server Hosting. Using the Service for hosting a web server, IRC server, or any other server.
- Non-Traditional End User Activities. Using the Service for any use other than an end user’s periodic active use of email, instant messaging, browsing the World Wide Web, and other typical end user activities.
Provider maintains the right to terminate any user’s connection or other right to use the Service upon any determination by Provider that such user is in violation of this AUP. Provider will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
It is the user’s sole responsibility to ensure that their system is configured, operated, and used in a manner to avoid excessive consumption of network or system resources. It is the user’s responsibility to ensure that their system is configured in a secure manner. A user may not, through action or inaction, allow others to use their system for illegal or inappropriate actions. A user may not permit their system, through action or inaction, to be configured in such a way that gives a third party the capability to use their system in an illegal or inappropriate manner.
Notwithstanding the foregoing, Provider undertakes no responsibility to monitor or police any person’s compliance or noncompliance with this AUP nor shall Provider be liable or otherwise responsible for any person’s compliance or noncompliance with this AUP.
By accepting this AUP, you acknowledge and agree that:
- the Service may not be uninterrupted or error-free;
- viruses or other harmful applications may be available through the Service;
- Provider does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
- Provider’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 Provider, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
Under no circumstances shall Provider, its owners, members, partners, their affiliates, suppliers or licensors, or their respective officers, directors, employees, and agents be liable for consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of user, 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 Provider or its owners, members, partners, their affiliates, suppliers or licensors, or their respective officers, directors, employees, and agents in connection with or arising out of this AUP exceed $100. 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 establishes liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
You agree to indemnify, defend and hold harmless Provider, its owners, members, partners, their affiliates, suppliers or licensors, or their respective officers, directors, employees, and agents from any claim, liability, loss, damage, cost, or expense (including without limitation attorney’s fees and court costs) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that Provider may assert under this AUP or by law.
Provider’s performance of this AUP is subject to existing laws and legal process, and nothing contained in this AUP shall waive or impede Provider’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Provider with respect to such use. This AUP constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Provider with respect to its subject matter and supersedes all prior writings or understanding.
I have read and understand the AUP provided above, and I agree to be bound by the provisions of this AUP.