You are responsible for abiding by the rules set forth in the paragraphs
below. Any violation of the terms set forth below may result in immediate
suspension and/or termination of all services currently being provided.
As a Web Hosting Provider ("WHP"), we offer our customers the means to
acquire and disseminate a wealth of public, private, commercial and
non-commercial information. We also want our customers to be fully informed
of their rights and obligations - and ours - in connection with their use of
the Internet. This Network Access Policy, which supplements and explains certain
terms of each customer's respective services agreement (the "Services Agreement"),
is intended as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one - neither us, nor anyone
else - 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 we cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information that
customers may acquire. For this reason, the customer 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 we cannot monitor and censor the Internet,
and will not attempt to do so, we cannot accept any responsibility for injury
to our customers that results from inaccurate, unsuitable or offensive Internet
communications.
When customers disseminate information through the Internet, they also must
keep in mind that we do not review, edit, censor or take responsibility for
any information our customers may create. This places on customers what will
be, for most, an unfamiliar responsibility. 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 our facilities and may reach a large number of
people, including both customers and non-customers of ours, customers' postings
to the Internet may affect other customers and may harm our goodwill, business
reputation and operations. For these reasons, customers violate our policy and
the Services Agreement when they, their affiliates or subsidiaries engage in the
following activities:-
Spamming - Unsolicited,
commercial mass e-mailing (known as "spamming") is a
strongly disfavored practice among Internet users and hosting providers. It
is particularly harmful not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our equipment and disrupt
service to our customers.
Resource Abuse - Any
kind of activity on Servers which leads to Prolonged
server Resource Usage. Mainly running of Scripts which requires lots of CPU
processing for long time, Downloading materials using large bandwidth, Mass
Emailing using SMTP services, Spamming or any other kind of activity which
effect server performance over acceptable limits.
Copyright Violation -
Violation of copyrights held by individuals and corporations
or other entities can result in civil and criminal liability for the infringement,
and can involve the WHP in litigation and possible loss of reputation.
Distribution and/or
Transmission of Obscene or Indecent Speech or Materials -
Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -
Defamatory speech distributed over the Internet can result in civil
liability for the defamer and litigation against the WHP whose facilities were
used to distribute the defamatory material.
Illegal/Unauthorized Access
to Other Computers or Networks - The illegal or
unauthorized accessing (often known as "hacking") of computers or networks
carries potential civil and criminal penalties under both federal laws and
the laws of most states.
Distribution of Internet Viruses,
Worms, Trojan Horses and Other Destructive
Activities - Distribution of Internet viruses, worms, Trojan horses and other
destructive activities, such as hacking, can result in serious civil and or
criminal liability under federal and state law.
Export Control Violations -
The law limits the ability of persons to export
encryption software, over the Internet or otherwise, to any other country in
the world.
Other Activities, whether lawful or unlawful, that we determine to be harmful
to our customers, operations or reputation, including any activities that restrict
or inhibit any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the customer. We will not, as an ordinary
practice, monitor the communications of our customers to ensure that they
comply with our policy or applicable law. When we become aware of harmful
communications, however, we may take any of a variety of actions. We may
remove information that violates our policies, implement screening software
designed to block offending transmissions, or take any other action we deem appropriate,
including termination of a customer's contract with us.
We also are aware that many of our customers are, themselves, providers of
hosting services, and that information reaching our facilities from those
customers may have been originated by customers of those customers or other
third parties. We do not require our customers who offer hosting services to
monitor or censor transmissions created by customers of its customers. At the same time,
customers who knowingly transmit materials that violate law or our policy are,
themselves, in violation of our policy. Similarly, we anticipate that customers
who offer hosting services will cooperate with us in any corrective action
that we deem necessary, in order to correct and prevent the transmission of
material that is harmful to us or our customers. Failure to cooperate with
such corrective and preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line communications. In general,
the Internet is neither more nor less secure than other common communications
media, including mail, facsimile and voice telephone service, all of which
can be intercepted and otherwise compromised. As a matter of prudence, however,
we urge our customers to assume that all of their on-line communications are insecure.
We cannot take any responsibility for the security of communications transmitted
over our facilities. We will comply fully, however, with all applicable laws
concerning the privacy of our customers' on-line communications. In particular,
we will not intentionally monitor or disclose any private electronic mail messages
sent or received by our customers unless required to do so by law. We may,
however, monitor our service electronically to determine that our facilities
are operating satisfactorily. Also, we may be required to disclose information
transmitted through our facilities in order to comply with court orders,
statutes, regulations or governmental requests. Finally, we may disclose
information transmitted over our facilities where necessary to protect us
and other customers from harm, or where such disclosure is necessary to the
proper operation of the system.
We are not responsible for loss of customer content due to server or hardware
failure. We do, however, backup our systems daily, but cannot guarantee the
content is up-to-date. It is the customer's responsibility to have a full
backup of their site.
We expect that our customers who provide hosting services to others will
comply fully with all applicable laws concerning the privacy of on-line communications.
A customer's failure to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services Agreement, customers
indemnify us for any violation of the customer of the Services Agreement, or of
law or corporate policies, that results in loss to us or the bringing of any
claim against us. This means that if we are sued because of activities of the
customer that violate any law, the Services Agreement or this policy (which is
part of the Services Agreement), the customer will pay any damages awarded
against us, plus costs and reasonable attorneys' fees.
We hope this Policy Statement is helpful in clarifying the obligations of
Internet users, including our customers, as responsible members of the Internet and us.
We reserve the right to permanently discontinue service at any time, without
notice, should you be found in violation of our aforementioned terms and
conditions or non-payment of dues to the hosting company.
Note: You are not permitted to have any commercially available software,
fixes, patches or electronic media for download on your site. We reserve
the right - at any time, to terminate service if we find that you have
violated this term. Additionally, should you be found to be in violation
of any licensing agreements currently in place, we reserve the right to
permanently terminate your service without refund. In English - no download sites.