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terms of service
The following describes the terms of service for all IFModule users and resellers. Any
resellers and/or IFModule users that are presently using IFM applications have agreed
to the following:
As a provider of Internet-related services,
iguanafarmGroup offers its customers (resellers and direct subscribers), and their customers and users,
the means to acquire and disseminate a wealth of public, private, commercial, and
non-commercial information. iguanafarmGroup respects that the Internet provides a forum for
free and open discussion and dissemination of information, however, when there are
competing interests at issue, iguanafarmGroup reserves the right to take certain preventative
or corrective actions. In order to protect these competing interests, iguanafarmGroup has
developed an Acceptable Use Policy ("AUP"), which supplements and explains certain
terms of each customer's respective service agreement and is intended as a guide to
the customer's rights and obligations when utilizing iguanafarmGroup services. This AUP will
be revised from time to time. A customer's use of iguanafarmGroup services after changes to
the AUP are posted on the iguanafarmGroup website, will constitute the customer's
acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This
fact accounts for much of the Internet's openness and value, but it also places a high
premium on the judgment and responsibility of those who use the Internet, both in the
information they acquire and in the information they disseminate to others. When
customers obtain information through the Internet, they must keep in mind that iguanafarmGroup
cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information
that customers may acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and also should be
aware that some material posted to the Internet is sexually explicit or otherwise offensive.
Because iguanafarmGroup cannot monitor or censor the Internet, and will not attempt
to do so, iguanafarmGroup cannot accept any responsibility for
injury to its customers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they also must keep
in mind that iguanafarmGroup does not review, edit, censor, or take responsibility for any
information its customers may create. When users place information on the Internet,
they have the same liability as other authors for copyright infringement, defamation,
and other harmful speech. Also, because the information they create is carried over the
iguanafarmGroup network and may reach a large number of people, including both customers
and non-customers of iguanafarmGroup, customers' postings to the Internet may affect other
customers and may harm iguanafarmGroup goodwill, business reputation, and operations. For
these reasons, customers violate iguanafarmGroup policy and the service agreement when they,
their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward iguanafarmGroup, but also because it can overload the iguanafarmGroup
network and disrupt service to iguanafarmGroup customers. Also, maintaining an open SMTP
relay is prohibited. When a complaint is received, iguanafarmGroup has the discretion to
determine from all of the evidence whether the email recipients were from an "opt-in"
email list.
Intellectual Property Violations -- Engaging in any activity that infringes
or misappropriates the intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents held by
individuals, corporations, or other entities. Also, engaging in activity that
violates privacy, publicity, or other personal rights of others. iguanafarmGroup is required
by law to remove or block access to customer content upon receipt of a proper notice
of copyright infringement. It is also the policy of iguanafarmGroup to terminate the
privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using the iguanafarmGroup network to advertise, transmit,
store, post, display, or otherwise make available child pornography or obscene speech or
material. iguanafarmGroup is required by law to notify law enforcement agencies when it becomes
aware of the presence of child pornography on or being transmitted through the
iguanafarmGroup network.
Defamatory or Abusive Language -- Using iguanafarmGroup's network as a means to transmit
or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in
whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing
illegally or without authorization computers, accounts, or networks belonging to
another party, or attempting to penetrate security measures of another individual's
system (often known as "hacking"). Also, any activity that might be used as a
precursor to an attempted system penetration (i.e. port scan, stealth scan, 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 network 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 -- Exporting encryption software over the Internet
or otherwise, to points outside the United States.
Other Illegal Activities -- Engaging in activities that are determined to be
illegal, including advertising, transmitting, or otherwise making available ponzi
schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that
iguanafarmGroup determines to be harmful to its customers, operations, reputation, goodwill,
or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just
described rests primarily with the subscriber. iguanafarmGroup will not, as an ordinary practice,
monitor the communications of its customers to ensure that they comply with iguanafarmGroup
policy or applicable law. When iguanafarmGroup becomes aware of harmful activities, however, it may
take any action to stop the harmful activity, including but not limited to, removing
information, shutting down service, implementing screening software designed to
block offending transmissions, denying access to the Internet, or take any other
action it deems appropriate.
iguanafarmGroup is aware that many of its customers are, themselves, providers of Internet
services, and that information reaching iguanafarmGroup facilities from those customers may
have originated from a customer of the subscriber or from another third-party.
iguanafarmGroup does not require its customers who offer Internet services to monitor or
censor transmissions or websites created by customers of its customers. iguanafarmGroup
has the right to directly take action against a customer of a subscriber. Also,
iguanafarmGroup may take action against the iguanafarmGroup subscriber because of activities of a customer
of the subscriber, even though the action may affect other customers of the subscriber.
Similarly, iguanafarmGroup anticipates that customers who offer Internet services will cooperate
with iguanafarmGroup in any corrective or preventive action that iguanafarmGroup deems necessary. Failure
to cooperate with such corrective or preventive measures is a violation of iguanafarmGroup policy.
iguanafarmGroup is also concerned with the privacy of on-line communications and websites. 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, iguanafarmGroup urges its customers
to assume that all of their on-line communications are insecure. iguanafarmGroup cannot take any
responsibility for the security of information transmitted over iguanafarmGroup
facilities.
iguanafarmGroup 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. iguanafarmGroup may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also, iguanafarmGroup may disclose
information, including but not limited to, information concerning a subscriber, a
transmission made using our network, or a website, in order to comply with a court
order, subpoena, summons, discovery request, warrant, statute, regulation, or
governmental request. iguanafarmGroup assumes no obligation to inform the subscriber that
subscriber information has been provided and in some cases may be prohibited by law
from giving such notice. Finally, iguanafarmGroup may disclose subscriber information or
information transmitted over its network where necessary to protect iguanafarmGroup and others
from harm, or where such disclosure is necessary to the proper operation of the system.
iguanafarmGroup expects that its customers who provide Internet services to others will comply
fully with all applicable laws concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate iguanafarmGroup policy. Finally,
iguanafarmGroup wishes to emphasize that in signing the service agreement, customers indemnify
iguanafarmGroup for any violation of the service agreement, law, or iguanafarmGroup policy, that results in
loss to iguanafarmGroup or the bringing of any claim against iguanafarmGroup by any third-party. This means
that if iguanafarmGroup is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will pay any damages awarded against iguanafarmGroup, plus costs and reasonable
attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including
iguanafarmGroup and its customers, as responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to
info@ifmodules.com.
Last Modified: October 10, 2001
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