Engaging in activities, whether lawful or unlawful, that NodeWing determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. NodeWing will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with NodeWing's policy or applicable law. However, when NodeWing 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 NodeWing.
NodeWing is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching NodeWing's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. NodeWing does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. NodeWing reserves the right to directly take action against a customer of its subscribers. Also, NodeWing may take action against the NodeWing's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, NodeWing anticipates that subscribers who offer Internet services will cooperate with NodeWing in any corrective or preventive action that NodeWing deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NodeWing policy.
NodeWing 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. NodeWing may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NodeWing 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. NodeWing 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, NodeWing may disclose subscriber information or information transmitted over its network where necessary to protect NodeWing and others from harm, or where such disclosure is necessary to the proper operation of the system. However, NodeWing will never sell information to other services or outside companies.
NodeWing 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 NodeWing policy. Finally, NodeWing wishes to emphasize that, in signing the Service Agreement, subscribers indemnify NodeWing for any violation of the Service Agreement, law or NodeWing policy resulting in loss to NodeWing or the bringing of any claim against NodeWing by any third party. This means that, if NodeWing 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 NodeWing, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including NodeWing and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.