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Acceptable Use Policy |
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As a provider of
web site hosting, and other Internet-related services,
Trusted Web Host™ offers its customers, and their customers and
users, the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information.
Trusted Web Host™ respects that the Internet provides a forum for
free and open discussion and dissemination of information,
however, when there are competing interests at issue,
Trusted Web Host™ reserves the right to take certain preventative or
corrective actions. In order to protect these competing
interests, Trusted Web Host™ 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 utilizing
Trusted Web Host™ 's services. This AUP will be revised from time to
time. A customer's use of Trusted Web Host™ 's services after changes
to the AUP are posted on Trusted Web Host™ 's web site,
www.trustedwebhost.com, will constitute the customer's acceptance
of any new or additional terms of the AUP that result from
those changes.
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 the Internet,
both in the information they acquire and in the information
they disseminate to others. When customers obtain information
through the Internet, they must keep in mind that Trusted Web Host™
cannot monitor, verify, warrant, or vouch for the accuracy and
quality of the information that customers may 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 is sexually explicit or otherwise offensive. Because
Trusted Web Host™ cannot monitor or censor the Internet, and will
not attempt to do so, Trusted Web Host™ cannot accept any
responsibility for injury to its customers that results from
inaccurate, unsuitable, offensive, or illegal Internet
communications.
When customers disseminate information through the Internet,
they also must keep in mind that Trusted Web Host™ does not review,
edit, censor, or take responsibility for any information its
customers 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 they create is carried over
Trusted Web Host™ 's network and may reach a large number of people,
including both customers and no customers of Trusted Web Host™ ,
customers' postings to the Internet may affect other customers
and may harm Trusted Web Host™ 's goodwill, business reputation, and
operations. For these reasons, customers violate Trusted Web Host™
policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming -- Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming"). It is not
only harmful because of its negative impact on consumer
attitudes toward Trusted Web Host™ , but also because it can overload
Trusted Web Host™ 's network and disrupt service to Trusted Web Host™
customers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Trusted Web Host™ has the discretion
to determine from all of the evidence whether the email
recipients were from an "opt-in" email list.
Accounts caught sending unsolicited, either through our
servers or to promote a web site on our servers or to promote
a Trusted Web Host™ affiliate link, will be terminated immediately,
will not qualify for a refund and will be charged $50 per
complaint filed and $200 fee for violations of Terms and
conditions.
*Unsolicited is defined, by Trusted Web Host™ as: email sent to
recipients who have not asked to be contacted by you or Usenet
postings (that are cross-posted to more than three newsgroups
and/or posted in newsgroups where this is against that groups
FAQ or charter), for the sole purpose of promoting a website
or commercial business on our servers.
Excessive Bandwidth Use -- If your hosting account,
with Trusted Web Host™ , goes over the bandwidth allowance set for
that account, you agree to pay for that overage.
Currently, the rate charged by Trusted Web Host™ Host for bandwidth
is $10.00 per 1000 MBytes. If your account goes over its
bandwidth allowance for the month, you must either upgrade
your account or purchase additional bandwidth to cover your
account bandwidth usage. If you choose additional bandwidth,
you must purchase in 1000 MByte increments and you must
purchase enough to cover the remaining term of your hosting
account. All bandwidth/traffic/diskspace amounts are measured
in MBytes/GBytes.
Intellectual Property Violations -- Engaging in any
activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also,
engaging in activity that violates privacy, publicity, or
other personal rights of others. Trusted Web Host™ is required by
law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also
Trusted Web Host™ 's policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Trusted Web Host™ 's
network to advertise, transmit, store, post, display, or
otherwise make available child pornography or obscene speech
or material. Trusted Web Host™ is required by law to notify law
enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through
Trusted Web Host™ 's network. Accounts caught in violation, will be
terminated immediately, will not qualify for a refund and will
be charged and assessed a $200 fee for violation. The final
determination of what constitutes "Obscene Speech or
Materials" is made by Trusted Web Host™ .
Defamatory or Abusive Language -- Using Trusted Web Host™ '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"). Also, any
activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
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.
Facilitating a Violation of this AUP -- Advertising,
transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this
AUP, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software.
Export Control Violations -- Exporting encryption
software over the Internet or otherwise, to points outside the
United States.
Usenet Groups -- Trusted Web Host™ reserves the right not to
accept postings from newsgroups where we have actual knowledge
that the content of the newsgroup violates the AUP.
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 Trusted Web Host™ determines to be harmful
to its customers, operations, reputation, goodwill, or
customer relations.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
subscriber. Trusted Web Host™ will not, as an ordinary practice,
monitor the communications of its customers to ensure that
they comply with Trusted Web Host™ policy or applicable law. When
Trusted Web Host™ becomes aware of harmful activities, however, it
may take any action to stop the harmful activity, including
but not limited to, removing information, shutting down a web
site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or
take any other action it deems appropriate.
Trusted Web Host™ also is aware that many of its customers are,
themselves, providers of Internet services, and that
information reaching Trusted Web Host™ 's facilities from those
customers may have originated from a customer of the
subscriber or from another third-party. Trusted Web Host™ does not
require its customers who offer Internet services to monitor
or censor transmissions or web sites created by customers of
its customers. Trusted Web Host™ has the right to directly take
action against a customer of a subscriber. Also, Trusted Web Host™
may take action against the Trusted Web Host™ subscriber because of
activities of a customer of the subscriber, even though the
action may effect other customers of the subscriber.
Similarly, Trusted Web Host™ anticipates that customers who offer
Internet services will cooperate with Trusted Web Host™ in any
corrective or preventive action that Trusted Web Host™ deems
necessary. Failure to cooperate with such corrective or
preventive measures is a violation of Trusted Web Host™ policy.
Trusted Web Host™ also is concerned with the privacy of on-line
communications and web sites. In general, the Internet is
neither more nor less secure than other means of
communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, Trusted Web Host™
urges its customers to assume that all of their on-line
communications are insecure. Trusted Web Host™ cannot take any
responsibility for the security of information transmitted
over Trusted Web Host™ 's facilities.
Trusted Web Host™ will not intentionally monitor private electronic
mail messages sent or received by its customers unless
required to do so by law, governmental authority, or when
public safety is at stake. Trusted Web Host™ may, however, monitor
its service electronically to determine that its facilities
are operating satisfactorily. Also, Trusted Web Host™ 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. Trusted Web Host™ assumes no
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,
Trusted Web Host™ may disclose subscriber information or information
transmitted over its network where necessary to protect
Trusted Web Host™ and others from harm, or where such disclosure is
necessary to the proper operation of the system.
Trusted Web Host™ expects that its customers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate
Trusted Web Host™ policy. Finally, Trusted Web Host™ wishes to emphasize
that in signing the service agreement, customers indemnify
Trusted Web Host™ for any violation of the service agreement, law,
or Trusted Web Host™ policy, that results in loss to Trusted Web Host™ or
the bringing of any claim against Trusted Web Host™ by any
third-party. This means that if Trusted Web Host™ is sued because of
a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Trusted Web Host™ ,
plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including Trusted Web Host™ and its customers, as
responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to
abuse@trustedwebhost.com.
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