As a provider of cloud computing and other Internet-related services, Infinys offers its Customer and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Infinys respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Infinys reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Infinys 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 using Infinys' services.
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 it, both in the information they acquire and in the information they disseminate to others. When Customer obtains information through the Internet, Customer must keep in mind that Infinys cannot monitor, verify, warrant or vouch for the accuracy and quality of the information Customer acquire. For this reason, the Customer must exercise the best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Infinys cannot monitor or censor the Internet, and will not attempt to do so, Infinys cannot accept any responsibility for injury to its Customer resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When Customer disseminate information from the Internet, Customer must keep in mind that Infinys does not review, edit, censor or take responsibility for any information its Customer 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 created is carried over Infinys’ network and may reach a large number of people, including both customers and non-customers of Infinys, Customer’s postings to the Internet may affect other customers and may affect Infinys ' goodwill, business, reputation or operations. For these reasons, Customer violates Infinys policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Infinys, but also because it can overload Infinys ' network and disrupt service to other Infinys ' customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Infinys will investigate and shutdown the account that is Spamming. A Rp. 2.500.000, - charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Infinys reserves the right to prosecute for this violation. A Rp. 10.000, - charge will be assessed PER EMAIL sent should Infinys choose to pursue and prosecute.
Infinys does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials
Using Infinys ' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Infinys is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language
Using Infinys ' network as a means to transmit or post negative, 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 may 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, mail bombing 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.
Facilitation 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, mail bombing, denial of service attacks and piracy of software.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Infinys determines to be harmful to its customers, operations, reputation, and goodwill or customer relations.
As Infinys have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the Customer. Infinys will not, as an ordinary practice, monitor the communications of its Customer to ensure the compliance with Infinys ' policy or applicable law. However, when Infinys becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Infinys.
Infinys is also aware that many of its customers are themselves providers of Internet services, and that information reaching Infinys ' facilities from those customers may have originated from a customer of the Customer or from another third party. Infinys does not require its Customer who offers Internet services to monitor or censor transmissions or web sites created by customers of its Customer. Infinys reserves the right to directly take action against a customer of its Customer. Also, Infinys may take action against the Infinys' Customer because of activities of a customer of the Customer, even though the action may affect other customers of the Customer. Similarly, Infinys anticipates that Customer who offers Internet services will cooperate with Infinys in any corrective or preventive action that Infinys deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Infinys policy.
Infinys will not intentionally monitor private electronic mail messages sent or receive by its Customer, unless required to do so by law, governmental authority or when public safety is at stake. Infinys may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Infinys may disclose information, including, but not limited to, information concerning a Customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Infinys assumes no obligation to inform the Customer that Customer information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Infinys may disclose Customer information or information transmitted over its network where necessary to protect Infinys and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Infinys will never sell information to other services or outside companies.
Infinys expects that its Customer who provides Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A Customer’s failure to comply with those laws will violate Infinys’ policy. Finally, Infinys wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Infinys for any violation of the Service Agreement, law or Infinys policy resulting in loss to Infinys or the bringing of any claim against Infinys by any third party. This means that, if Infinys is sued because of a Customer’s or customer of a Customer’s activity, the Customer will be responsible for payment of any damages awarded against Infinys, plus costs and reasonable attorney's fees.