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Scope
This Acceptable Use Policy (this
"Policy") governs the usage of Host 17's products and services (the
"Services"). This Policy is incorporated by reference into each
contract Host 17 enters into with a customer (each, a "Customer") for
the use of such Services. Host 17 may modify this Policy at any time
without notice. In addition, this Policy is incorporated by reference
into the Conditions of Use applicable to Host 17's Web site so that no person who utilizes Host 17's Web site (regardless of whether that
person is a Customer) may take any action utilizing Host 17's Web site
that a Customer would be prohibited to take utilizing the Services.
Purpose
The
purpose of this Policy is to enhance the quality of the Services and to
protect Host 17's customers, and the Internet community as a whole,
from illegal, irresponsible, or disruptive Internet activities. This
Policy applies to each Customer and its employees, agents, contractors
or other users of such Customer who obtain Services from Host 17 (each
such person being a "User"). Each User should use common sense and good
judgment in connection with the Services. Parents or guardians should
always supervise minors in using the Internet. Parents and guardians
should remain aware at all times of what is on the Internet and how the
minors under their care are using the Services and the Internet.
Prohibited Uses
Users may not:
- Utilize the Services to send mass unsolicited e-mail to third parties.
- Utilize
the Services in connection with any illegal activity. Without limiting
the general application of this rule, Users may not:
- Utilize
the Services to copy material from third parties (including text,
graphics, music, videos or other copyrightable material) without proper
authorization;
- Utilize the Services to misappropriate or
infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party;
- Utilize the Services to
traffic in illegal drugs, illegal gambling, obscene materials or any
products or services that are prohibited under applicable law;
- Utilize
the Services to export encryption software to points outside the United
States in violation of applicable export control laws; or
- Utilize the Services in any manner that violates applicable law.
- Utilize
the Services in connection with any tortious or actionable activity.
Without limiting the general application of this rule, Users may not:
- Utilize
the Services to publish or disseminate information that (1) constitutes
slander, libel or defamation, (2) publicizes the personal information
or likeness of a person without that person's consent or (3) otherwise
violates the privacy rights of any person.
- Utilize the Services
to threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or
services that are illegal under applicable law.
- Utilize the
Services in connection with any other disruptive or abusive activity.
Without limiting the general application of this rule, Users may not:
- Utilize
the Services to cause denial of service attacks against Host 17 or
other network hosts or Internet users or to otherwise degrade or impair
the operation of Host 17's servers and facilities or the servers and
facilities of other network hosts or Internet users;
- Post messages or software programs that consume excessive CPU time or storage space;
- Utilize
the Services to offer mail services, mail forwarding capabilities, POP
accounts or autoresponders other than for the User's own account;
- Utilize the Services to resell access to CGI script installed on Host 17's servers;
- Utilize
the Services to subvert, or assist others in subverting, the security
or integrity of any Host 17 systems, facilities or equipment;
- Utilize the Services to gain unauthorized access to the computer networks of Host 17 or any other person;
- Utilize
the Services to provide passwords or access codes to persons not
authorized to receive such materials by the operator of the system
requiring the password or access code;
- Utilize the Services to
(1) forge the signature or other identifying mark or code of any other
person, (2) impersonate or assume the identity of any other person, or
(3) engage in any other activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity of the
User (excluding the use of anonymous remailers or Internet nicknames);
- Utilize
the Services to distribute or post any virus, worm, Trojan horse, or
computer code intended to disrupt services, destroy data, destroy or
damage equipment or disrupt the operation of the Services;
- Utilize
the Services to conduct port scans or other invasive procedures against
any server (except any server for which the User is an authorized
system administrator);
- Utilize the Services to distribute,
advertise or promote software or services that have the primary purpose
of encouraging or facilitating unsolicited commercial e-mail or spam;
- Utilize
the Services to solicit or collect, or distribute, advertise or
promote, e-mail address lists for the purpose of encouraging or
facilitating unsolicited commercial e-mail or spam;
- Utilize the
Services in any manner that might subject Host 17 to unfavorable
regulatory action, subject Host 17 to any liability for any reason, or
adversely affect Host 17's public image, reputation or goodwill,
including, without limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by Host 17 in its sole
discretion; or
- Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Violations
- Disclaimer.
Host 17 expressly disclaims any obligation to monitor its Customers and
other Users with respect to violations of this Policy. Host 17 has no
liability or responsibility for the actions of any of its Customers or
other Users or any content any User may post on any Web site.
- Reporting
Non-Copyright Violations. Host 17 encourages Users to report violations
of this policy by email to:
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, including in any such
report the name of the offending domain (for example, xyz.com) and the
type of abuse (for example, spam, illegal acts, harassment, etc.) in
the "subject" field of the email. Due to the large number of
communications Host 17 receives, Host 17 may not provide a personalized
response to unsolicited communications.
- Remedies. If Host 17
learns of a violation of this Policy, Host 17 will respond to the
applicable Customer and may, in Host 17's sole discretion, take any of
the following actions, in accordance with the severity and duration of
the violation:
- Warning the Customer;
- Suspending the offending Customer from the Services;
- Terminating the offending Customer from the Services;
- Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
- Removing the offending content; and
- Taking other action in accordance with this Policy, the applicable service contract or applicable law.
For purposes of clarification, in connection with any allegation that
any Customer may have engaged in or used the Services in connection
with any illegal activity, Host 17 may rely conclusively on a written
statement, on letterhead, of a U.S. law enforcement agency and, in such
event, will not be obligated to the Customer to inquire into the
factual underpinnings of such statement or the legal reasoning of such
law enforcement agency.
Reservation of Rights
Host
17 reserves the right to cooperate with appropriate legal authorities
in investigations of claims of illegal activity involving Host 17's
Services, Customers and other Users. Host 17 reserves all other rights
to respond to violations of this Policy to the extent of applicable law
and in accordance with any applicable contractual obligations.
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