ACCEPTABLE USE POLICY
For purposes of this Acceptable Use Policy ("AUP"), a "Customer" is defined to include any organization, individual, company or other entity with which PACIFIC INVESTMENT NETWORK LLC ("PACIFIC INVESTMENT NETWORK LLC") has entered into any agreement or contract for the supply of services, including through the PACIFIC INVESTMENT NETWORK LLC website. A Customer shall also be responsible for the use of the PACIFIC INVESTMENT NETWORK LLC website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person gaining access to the PACIFIC INVESTMENT NETWORK LLC website in any manner whatsoever, that directly or indirectly utilize the PACIFIC INVESTMENT NETWORK LLC website provided to the Customer.
The Customer may only use the PACIFIC INVESTMENT NETWORK LLC website for lawful purposes. The use of the PACIFIC INVESTMENT NETWORK LLC website in violation of any local or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of proprietary or copyright material without the consent of the owner, material legally judged to be threatening, offensive, or obscene, and third party material protected by patent, trade secret or any other type of intellectual property right, whether or not the Customer was aware of the content of the material or of the relevant law.
PACIFIC INVESTMENT NETWORK LLC will fully co-operate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
Use of any information obtained via the PACIFIC INVESTMENT NETWORK LLC website is at Customers' own risk. PACIFIC INVESTMENT NETWORK LLC is not responsible for the accuracy, quality, or content of information obtained through www.CaliforniaInvestmentNetwork.com .
All PACIFIC INVESTMENT NETWORK LLC services are for end-user use only and may not be resold to third-parties without providing end-user information to PACIFIC INVESTMENT NETWORK LLC
The Customer will indemnify and hold PACIFIC INVESTMENT NETWORK LLC harmless from any claim brought by third parties alleging that use of the PACIFIC INVESTMENT NETWORK LLC website by the Customer has infringed any applicable local or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and final judgments awarded against PACIFIC INVESTMENT NETWORK LLC arising from such claims. The Customer shall immediately give PACIFIC INVESTMENT NETWORK LLC written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, PACIFIC INVESTMENT NETWORK LLC may defend such claims at the Customer's sole cost.
PACIFIC INVESTMENT NETWORK LLC will cooperate with any law enforcement authorities having jurisdiction to discourage and resist abuses of acceptable use policies. PACIFIC INVESTMENT NETWORK LLC reserves the right to take corrective action upon notification to PACIFIC INVESTMENT NETWORK LLC of unacceptable use by the Customer. PACIFIC INVESTMENT NETWORK LLC reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), reverse engineer, decompile, deconstruct any programming, nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
The Customer is forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, financial and investment promotions, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). A Customer caught spamming on the PACIFIC INVESTMENT NETWORK LLC network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately in accordance with this AUP.
The PACIFIC INVESTMENT NETWORK LLC website may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its own operations, not to cause disturbances, outages or other problems which may affect PACIFIC INVESTMENT NETWORK LLC's network or network based equipment, or which may adversely affect PACIFIC INVESTMENT NETWORK LLC's ability to provide services.
PACIFIC INVESTMENT NETWORK LLC reserves the right to prohibit activities that violate this AUP or may damage its reputation.
PACIFIC INVESTMENT NETWORK LLC will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. PACIFIC INVESTMENT NETWORK LLC may at all time monitor usage of the PACIFIC INVESTMENT NETWORK LLC website electronically to determine if it is operating satisfactorily.
PACIFIC INVESTMENT NETWORK LLC may disclose its Customers' information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect PACIFIC INVESTMENT NETWORK LLC and others from harm or (iii) where such disclosure is necessary to the proper operation of the PACIFIC INVESTMENT NETWORK LLC website.
The Customer acknowledges that PACIFIC INVESTMENT NETWORK LLC is unable to exercise control over the content of information passing through its facilities or carried as a result of supplying the PACIFIC INVESTMENT NETWORK LLC website and is therefore not responsible for that content.
PACIFIC INVESTMENT NETWORK LLC reserves the right, at its discretion and without notice, to automatically filter, disconnect and/or deny access to any Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider and, channeling such activities through a PACIFIC INVESTMENT NETWORK LLC account, re-mailer, or otherwise through the PACIFIC INVESTMENT NETWORK LLC website, or using a PACIFIC INVESTMENT NETWORK LLC account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities, if such use of another party's service could reasonably be expected to adversely affect the PACIFIC INVESTMENT NETWORK LLC website. PACIFIC INVESTMENT NETWORK LLC reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Violation of this AUP (direct or indirect, including by a third party) entitles PACIFIC INVESTMENT NETWORK LLC to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate one or more subscriptions to the PACIFIC INVESTMENT NETWORK LLC website, or take any other appropriate action, as determined by PACIFIC INVESTMENT NETWORK LLC in its sole discretion, in addition to any remedies provided by any agreement to provide access to the PACIFIC INVESTMENT NETWORK LLC website. PACIFIC INVESTMENT NETWORK LLC may give notice of violations but PACIFIC INVESTMENT NETWORK LLC reserves the right to act without notice when necessary, as determined by PACIFIC INVESTMENT NETWORK LLC in its sole discretion. Nothing in this AUP is to be construed to limit PACIFIC INVESTMENT NETWORK LLC's actions or remedies in any way with respect to any of the foregoing activities, and PACIFIC INVESTMENT NETWORK LLC reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and terminating their access to the PACIFIC INVESTMENT NETWORK LLC website, and charging to cover PACIFIC INVESTMENT NETWORK LLC's costs in the event of such termination of access or like situation. PACIFIC INVESTMENT NETWORK LLC may co-operate with other service providers to discourage and resist abuses of acceptable use policies. PACIFIC INVESTMENT NETWORK LLC reserves the right to take corrective action upon notification to PACIFIC INVESTMENT NETWORK LLC of unacceptable use on other networks. The PACIFIC INVESTMENT NETWORK LLC website may be linked to other networks world-wide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its operations, not to cause disturbances, outages or other problems which may affect PACIFIC INVESTMENT NETWORK LLC or any other network or network based equipment, or which may adversely affect PACIFIC INVESTMENT NETWORK LLC's ability to provide access to the PACIFIC INVESTMENT NETWORK LLC website.
Nothing contained in this AUP shall be construed to limit PACIFIC INVESTMENT NETWORK LLC's actions or remedies in any way with respect to any of the foregoing activities, and PACIFIC INVESTMENT NETWORK LLC reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the PACIFIC INVESTMENT NETWORK LLC website, and levying cancellation charges to cover PACIFIC INVESTMENT NETWORK LLC's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, PACIFIC INVESTMENT NETWORK LLC reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Customer will indemnify and hold PACIFIC INVESTMENT NETWORK LLC harmless from any claim brought by third parties relating to the Customer's use of the PACIFIC INVESTMENT NETWORK LLC website. The Customer must defend and pay all damages and costs (including legal fees) arising from such claims. The Customer must immediately notify PACIFIC INVESTMENT NETWORK LLC of any claim or potential claim, within the Customer's knowledge, involving the Customer related to the PACIFIC INVESTMENT NETWORK LLC website. Failure to do so gives PACIFIC INVESTMENT NETWORK LLC the right to defend such claims at Customer's sole cost and expense.
PACIFIC INVESTMENT NETWORK LLC is committed to providing quality service to all of its Customers. While the AUP may appear harsh, PACIFIC INVESTMENT NETWORK LLC believes it is necessary to ensure that it is able to provide professional, efficient, stable service within an environment of security and trust which its Customers may require and come to expect from an organization such as PACIFIC INVESTMENT NETWORK LLC
This AUP is subject to change. Any questions regarding the policy, may be addressed to info@californiainvestmentnetwork.com. To report a suspected breach of the PACIFIC INVESTMENT NETWORK LLC AUP, please contact admin@californiainvestmentnetwork.com
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