This AUP may be revised from time to time. A customer's use of Lavabox's services after changes to the AUP are posted on Lavabox's web site, www.lavabox.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
Subscribers violate Lavabox policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk commercial messages over the Internet. When a complaint is received, Lavabox 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. Lavabox's reserves the right to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Lavabox's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material.
Defamatory or Abusive Language -- Using Lavabox'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").
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.
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 Lavabox determines to be harmful to its, operations, goodwill, or customer relations.
Lavabox will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Lavabox policy or applicable law; however, when Lavabox becomes aware of harmful activities, we will take action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software, or take any other action it deems appropriate.
Lavabox will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law. Lavabox may, however, disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order. Lavabox assumes no obligation to inform the subscriber that subscriber information has been provided. Finally, Lavabox may disclose subscriber information or information transmitted over its network where necessary to protect Lavabox and others from harm, or where such disclosure is necessary to the proper operation of the system.
In signing the service agreement, subscribers indemnify and hold harmless Lavabox for any violation of the service agreement, law, or Lavabox policy, that results in loss to Lavabox or the bringing of any claim against Lavabox by any third-party. This means that if Lavabox is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Lavabox, plus costs and reasonable attorneys' fees.
Any complaints about a subscriber's violation of this AUP should be sent to abuse@lavabox.com.