1) This Acceptable Use Policy ("Policy") applies to all aspects of the services provided by Barefoot Sailing Club ("Services"). You must affirmatively and contractually pass on the restrictions of this Policy to Users, and take steps to ensure compliance by Users with this Policy including, without limitation, termination of Users who violate this Policy. By using the Services, you acknowledge that you and users that have gained access to the Services through your account (individually, collectively, and interchangeably, "Users" or "Users"), have read, understood, and agree to this Policy. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR VIOLATIONS OF THIS POLICY BY YOU AND USERS.
2) Barefoot Sailing Club reserves the right, in its sole discretion, to change or modify this Policy at any time by posting changes on its Web site. Barefoot Sailing Club will notify you of any such modifications either via email or by posting a revised copy of this Policy on Barefoot Sailing Club's Web site. You and Users are responsible for monitoring Barefoot Sailing Club's Web site for changes to this Policy. This Policy was last changed on November 14, 2001.
3) You agree to immediately notify Barefoot Sailing Club of any unauthorized use of your account or any other breach of security known to you. Barefoot Sailing Club does not make any promise, nor does Barefoot Sailing Club have any obligation or intention, to monitor or police activity arising in connection with the Services; however, Barefoot Sailing Club reserves the right to edit or remove content that Barefoot Sailing Club deems to be in violation of this Policy or that Barefoot Sailing Club, in its sole discretion, otherwise deems harmful or offensive. You agree to promptly investigate all complaints received by Barefoot Sailing Club regarding any activity relating to you that appears to be in violation of this Policy, and you agree to take all necessary actions to remedy any actual violations of this Policy. If you or Users engage in conduct while using the Services that is in violation of this Policy or is otherwise illegal or improper, Barefoot Sailing Club reserves the right, in addition to all other remedies available at law and equity, to suspend and possibly terminate the Services or the violating party's access to the Services. Barefoot Sailing Club may disclose to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint.
4) Barefoot Sailing Club will not be responsible for failures or breach of User-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised Users' system or account may result in suspension of services or account access by Barefoot Sailing Club. YOU AND USERS ARE RESPONSIBLE FOR THE SECURITY OF YOUR AND USERS' OWN NETWORKS AND MACHINES AND MAINTAINING THE CONFIDENTIALITY OF YOUR AND USERS' PASSWORD AND ACCOUNT INFORMATION.
6) Barefoot Sailing Club WILL NOT BE LIABLE TO YOU, USERS, OR ANYONE ELSE FOR ANY USE OF THE SERVICES BY YOU OR USERS THAT VIOLATES THIS POLICY, OR FOR ANY FAILURE BY YOU TO ENFORCE ANY OF YOUR OBLIGATIONS UNDER THIS POLICY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Barefoot Sailing Club, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, SUPPLIERS, AND ANY THIRD PARTY WEB SITE PROVIDERS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING ACTUAL ATTORNEYS' FEES, RESULTING FROM A VIOLATION OF THIS POLICY BY YOU OR USERS, MISUSE OR ABUSE OF THE SERVICES BY YOU OR USERS, OR INFRINGEMENT BY YOU OR USERS OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. You and Users agree to cooperate (at your own cost) as fully as Barefoot Sailing Club reasonably requires in Barefoot Sailing Club's defense of any claim. Barefoot Sailing Club reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Barefoot Sailing Club.
a) Unauthorized Access/Interference. You and Users shall not use the Services to:
- i) Transmit unwanted or offensive content or interfere with others' use or enjoyment of the Services or the Internet in general;
- ii) Attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information;
- iii) Attempt to intercept, redirect, or otherwise interfere with communications intended for others;
- iv) Attempt to interfere with or deny service to any user or host (e.g., denial of service attacks);
- v) Falsify header information or user identification information;
- vi) Introduce malicious programs into the network or Server (e.g., viruses, worms, Trojan horses, disabling devices, etc.); or
- ii) Intentionally transmit files containing a computer virus or corrupted data.
b) System/Network Security Violations. You and Users shall not use the Services to:
- i) Attempt to or actually access or use data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures, without the owner's express prior written authorization;
- ii) Monitor data or traffic on any network or system in any way (including but not limited to "packet sniffing") without the system or network owner's express prior written authorization;
- iii) Attempting to circumvent user authentication or security of any host, network, or account ("cracking");
- iv) Attempt to gain unauthorized access to other User accounts or passwords;
- v) Engage in "hacking," misuse or share User accounts or passwords with any other party, attempt to violate security at Barefoot Sailing Club or elsewhere, or attempt to infiltrate any network, without express prior written authorization of the owner thereof;
- vi) Attempt to (or successfully) breach or disrupt Internet communication including, but not limited to, accessing data of which you or the User is not an intended recipient or logging into a Server or account that you or the User is not expressly authorized to access; or
- vii) Violating the acceptable use policies of any networks, machines, or services which are accessed through Barefoot Sailing Club's network.
c) Other Prohibited Activities. The following activities are also prohibited System Abuses:
- i) Storing any program, utility or file on Barefoot Sailing Club's servers, the use of which would constitute a violation of this Policy (e.g., storing hacker scripts, IRC bots, or Spamming software on Barefoot Sailing Club's servers is prohibited);
- ii) Any activity involving the resale of Barefoot Sailing Club's products or services, unless specifically documented in a separate written agreement or in the initial contract executed with Barefoot Sailing Club;
- iii) Any activity involving deceptive online marketing practices including, including without limitation practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes; or
- iv) Any other inappropriate activity or abuse of the Services (as determined by Barefoot Sailing Club in its sole discretion, which discretion Barefoot Sailing Club shall exercise reasonably). Whether or not specifically listed in this Policy, such inappropriate activity or abuse of the Services authorizes Barefoot Sailing Club to suspend or terminate the User's access to and use of the Services.
8) Illegal Activity. a) The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You and Users agree to use the Services only for lawful purposes, and you and Users agree not to use the Services in a manner that violates any applicable state, federal, local or foreign law.
9) Dedicated and Webhosting Customers. Barefoot Sailing Club dedicated Internet and Web hosting customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Barefoot Sailing Club's network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Barefoot Sailing Club for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with this Policy.
a) Barefoot Sailing Club will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Violations of system or network security are prohibited, and may result in criminal and civil liability. Barefoot Sailing Club will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
b) Digital Millennium Copyright Act. Barefoot Sailing Club responds expeditiously to claims of intellectual property infringement. Barefoot Sailing Club will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Barefoot Sailing Club will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Barefoot Sailing Club will terminate access for you and Users who are repeat infringers. For Barefoot Sailing Club's Webhosting customers, you must adopt and implement a Digital Millennium Copyright Act Policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on Barefoot Sailing Club's site in a way that constitutes copyright infringement, you may notify us by providing Barefoot Sailing Club's registered copyright agent with the following information:
- i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- ii) a description of the copyrighted work that you claim has been infringed;
- iii) a description of where the material that you claim is infringing is located on the site;
- iv) your address, telephone number, and email address;
- v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
c) Barefoot Sailing Club may electronically monitor the Services and access and disclose any information transmitted or stored thereon. Barefoot Sailing Club may investigate any suspected violation of this Policy and you agree to cooperate fully with any such investigation. You recognize that Barefoot Sailing Club may cooperate with any government or law enforcement agency, including reporting possible violations of law. Barefoot Sailing Club reserves its legal rights to seek criminal and civil liability against users who violate Barefoot Sailing Club's security. Notwithstanding the foregoing, Barefoot Sailing Club does not agree to monitor the use of the Services and you bear full responsibility for transmitting information, screening unwanted transmissions, reporting offensive or illegal communications and backing up any data stored on Barefoot Sailing Club's systems.
a) Barefoot Sailing Club's Designation of Agent to Receive Notification of Claimed Infringement can be found here.
b) Complaints regarding Illegal Use or System or Network Security issues should be sent here.
c) Complaints regarding Usenet abuse or Spam or other email abuse should be sent here.
d) In most cases, Barefoot Sailing Club will attempt to notify you of complaints received by Barefoot Sailing Club regarding any activity relating to you that appears to be in violation of this Policy, and request that the violating party cease such activity; however, in cases where the viability of the Barefoot Sailing Club network is threatened or cases involving UCE/Spam, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, Barefoot Sailing Club reserves the right to suspend your Services and/or any Users' access to the Services without notification. In addition, Barefoot Sailing Club may take any other appropriate action, legal or otherwise, against you or Users for violations of this Policy, which may include termination of the Services.
e) When Barefoot Sailing Club removes or disables access to any material claimed to be infringing, Barefoot Sailing Club may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. Barefoot Sailing Club will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Barefoot Sailing Club replaces or restores access to any material as a result of any counter notification.
12) In addition to this Policy, the Services may be subject to contract provisions, state and federal laws and tariffs or other documents on file with appropriate state and federal agencies.
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