Acceptable Use Policy (AUP)
Today Acceptable Use Policy ("AUP")
Today's Acceptable Use Policy ("AUP") has been designed to assist in protecting Today and it's clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what Today expects of clients using our services.
Today's AUP is applicable to any and all access or use of Today's services (the "Service") or Today's network (the "Network"). This includes, but is not limited to, any use or access by (a) Today's clients, (b) Today's clients' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users"). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of Today agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.
Today supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Today may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.
Today believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.
This AUP does not (a) obligate Today to monitor, review, or police the data and content residing on its network or (b) create any obligation of Today to any party that is not a direct client. Today expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Today will be the sole arbiter as to what constitutes as unacceptable use.
Illegal Activity or Content
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Facilitating a Violation of this Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Reporting violations of Today's AUP
Today requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at [email protected]
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Today may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Disable access to a client's content which violates AUP
Remove content which violates AUP
Block mail or any other network service
Null-route client's IP address
Suspend the client's account
Terminate the clients's account
Bill the client for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Any violation of the AUP which results in a client's server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Today may take to enforce and ensure compliance with this AUP. Today reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.
The client agrees to indemnify and hold harmless Today from any claims resulting from the use of the service, which damages the subscriber or any other parties.
Today reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications.
You may identify whether Today has revised this AUP by noting the "Effective Date" above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the Today network.
Please direct all questions regarding this AUP to [email protected]