Acceptable Use Policy As a provider of web site hosting and other Internet-related services, Klikserver Indonesia offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Klikserver Indonesia respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Klikserver Indonesia reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Klikserver Indonesia 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 Klikserver Indonesia’ services. This AUP will be revised from time to time. 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 subscribers obtain information through the Internet, they must keep in mind that Klikserver Indonesia cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they 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 may be sexually explicit or otherwise offensive. Because Klikserver Indonesia cannot monitor or censor the Internet, and will not attempt to do so, Klikserver Indonesia cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that Klikserver Indonesia does not review, edit, censor or take responsibility for any information its subscribers 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 Klikserver Indonesia’ network and may reach a large number of people, including both subscribers and non-subscribers of Klikserver Indonesia, subscribers’ postings to the Internet may affect other subscribers and may affect Klikserver Indonesia’ goodwill, business, reputation or operations. For these reasons, subscribers violate Klikserver Indonesia policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities: Spamming: Audio/Video Streaming: Adult-Oriented Content: Large File Policy: Obscene Speech or Materials: Defamatory or Abusive Language: Forging of Headers: Illegal or Unauthorized Access to Other Computers or Networks: Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Facilitation a Violation of this AUP: Export Control Violations: Usenet Groups: Other Illegal Activities: Other Activities: As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Klikserver Indonesia will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Klikserver Indonesia’ policy or applicable law. However, when Klikserver Indonesia 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 Klikserver Indonesia. Klikserver Indonesia is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Klikserver Indonesia’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Klikserver Indonesia does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Klikserver Indonesia reserves the right to directly take action against a customer of its subscribers. Also, Klikserver Indonesia may take action against the Klikserver Indonesia’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Klikserver Indonesia anticipates that subscribers who offer Internet services will cooperate with Klikserver Indonesia in any corrective or preventive action that Klikserver Indonesia deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Klikserver Indonesia policy. Klikserver Indonesia will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Klikserver Indonesia may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Klikserver Indonesia may 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, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Klikserver Indonesia assumes not 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, Klikserver Indonesia may disclose subscriber information or information transmitted over its network where necessary to protect Klikserver Indonesia and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Klikserver Indonesia will never sell information to other services or outside companies. Klikserver Indonesia expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Klikserver Indonesia policy. Finally, Klikserver Indonesia wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Klikserver Indonesia for any violation of the Service Agreement, law or Klikserver Indonesia policy resulting in loss to Klikserver Indonesia or the bringing of any claim against Klikserver Indonesia by any third party. This means that, if Klikserver Indonesia is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Klikserver Indonesia, plus costs and reasonable attorney’s fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Klikserver Indonesia and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected]. |