Legal Policies

LegalInternet Acceptable Use Policy


Policy Purpose:

The purpose of this Policy is to enhance the quality of the Services and to protect Dolphini Networks, our Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Dolphini Networks (each such person being a "User"). Each User should use common sense reasonable and prudent business 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.

In addition, this Acceptable Use Policy ("Policy") governs and specifies the usage and actions prohibited by users of the Dolphini Networks products and services. Dolphini Networks reserves the right to modify the Policy at any time, effective immediately upon posting of the modified Policy at or within www.dolphini.com/legal. This policy is incorporated into each contract and service order entered into by Dolphini Networks with a Client for the use of such services. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of a Dolphini Networks customer or a customer's end user shall be considered violations of the Policy by such customer and/or end user. Dolphini Networks reserves the right to determine in its sole and absolute discretion if a violation of this Acceptable Use Policy has occurred. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Company's Web site so that no person who utilizes Company's Web site (regardless of whether that person is a Client) may take any action utilizing Company's Web site that a Client would be prohibited to take utilizing the Services.

Unlawful or Harmful Use:

The Dolphini Networks Network may only be used for lawful purposes and in a manner that is not harmful to other users. Transmission, distribution, or storage of any material in violation of any applicable law, regulation, right, or license is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, and other intellectual property right, which is distributed, stored, or transmitted without proper authorization, material covered by any export control law, and material that is obscene, defamatory, libelous, threatening, or harassing in nature.

Prohibited Uses:

 Users may not:

A. Utilize the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by Dolphini Networks to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003 and 18 U.S.C. § 1030, et. seq.
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 protected patents, copyrights, trademarks or other intellectual property rights of any third party, which are in full force and effect, whether by statute or common law;
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 or threatens to violate applicable law.
C. Utilize the Services in connection with any tortuous 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 Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Dolphini’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 auto responders other than for the User’s own account;
iv. Utilize the Services to resell access to CGI scripts installed on Company’s servers;
v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Dolphini systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to the computer networks of Dolphini 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 Company to unfavorable regulatory action, subject Dolphini Networks to any liability for any reason, or adversely affect Company’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 Company in its sole discretion;
xiv. Use any third party software that impairs, disrupts, destroys, or otherwise damages or has potential to damage Dolphini’s servers and facilities or the servers and facilities of other network hosts or Internet users; or
xv. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other entities or individuals.

Violations of Service(s):

A. Disclaimer: Dolphini Networks expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. Dolphini Networks has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site.
B. Reporting Non-Copyright Violations: Dolphini Networks encourages Users to report violations of this policy by e-mail to Dolphini Networks, 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: Dolphini Networks complies with the Digital Millennium Copyright Act ("DMCA"). Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to:
• Dolphini Networks
• 209 10th Avenue, South, Suite 105
• Nashville, TN 37203
• Attn: Attorney at Law
D. Rights to Terminate: Dolphini Networks reserves the right to suspend or terminate any Client pursuant to any valid DMCA complaint. Furthermore, Company, in its sole discretion, may suspend or terminate without notice; any User that Company determines is a repeat copyright infringer.
E. Remedies: If Dolphini Networks learns of a violation of this Policy, Dolphini Networks will respond to the applicable Client and may, in Dolphini Networks sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
i. Warning the Client;
ii. Suspending the offending Client from the Services;
iii. Terminating the offending Client from the Services;
iv. Imposing reconnection fees or charges of a minimum rate of twenty-five (25%) percent of the client service order monthly recurring amount on the offending Client account in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy, the applicable service contract or applicable law

Reservation of Rights:

Dolphini Networks reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Dolphini Networks Services, Clients and other Users. Dolphini Networks 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. Dolphini Networks 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 Client agrees that Dolphini Networks is authorized to monitor its communications through Dolphini Networks network for such purposes.

Security Issues:

Any violation or attempted violation of any system or network security element is prohibited, and may result in criminal and civil liability. Dolphini Networks will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to, the following:

i. Unauthorized access to or use of data, systems, or networks, including any attempts 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;
ii. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
iii. Interference with service to any user, host, or networking including, without limitation, email bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.
iv. Forging of any TCP-IP packet header or any part of the header information in an email or newsgroup posting

Electronic Messaging and e-mail:

Causing unsolicited messages ("Spam") of any sort to be transmitted is prohibited. This prohibition includes, without limitation, unsolicited commercial messages, unsolicited advertising, or unsolicited informational announcements. This prohibition applies equally to Spam sent through or via the Dolphini Networks network and to Spam sent over other networks, but which directs the recipient to sites hosted by or accessed through the use of the Dolphini Networks Network.

A user shall not use another site's mail server to relay mail without the express permission of the site. The use of any electronic messaging for the purpose of soliciting e-mail for any e-mail address other than that of the poster's account or service, or with the intent to harass, annoy, or e-mail-bomb, or for the purpose of collecting e-mail addresses or IP header information is prohibited. The forging of message header information is prohibited. A user may not permit its server to be used as a relay for Spam.

Newsgroups:

Posting the same or similar message to more than ten USENET newsgroups is prohibited. Posting the same or similar message to any newsgroup more than twice a day is prohibited. Posting advertisements in a newsgroup whose charters or FAQ's prohibit the posting of advertisements is prohibited. The poster of an advertisement or other information is responsible for determining the types of postings permitted in a given newsgroup prior to posting to it. A newsgroup's charter or FAQ shall be considered conclusive on the matter of what is and is not permitted in a given newsgroup.

Posting chain letters of any type is prohibited.

The cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties is prohibited.

Forging of header information is prohibited. This includes any attempt to circumvent the approval process for posting to a moderated newsgroup.

Solicitations of mail for any e-mail address other than that of the poster's account or service, with intent to harass, annoy, e-mail bomb, SPAM, or to collect e-mail addresses or IP header information, is prohibited.