Acceptable Use Policy
As
a provider of Internet access, web site hosting, and other
Internet-related services, 1U Server Hosting offers its customers (also
known as subscribers), and their customers and users, the means to
acquire and disseminate a wealth of public, private, commercial, and
non-commercial information. 1U Server Hosting respects that the Internet
provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue,
1U Server Hosting reserves the right to take certain preventative or
corrective actions. In order to protect these competing interests,
1U Server Hosting 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 1U Server Hosting' services. This AUP
will be revised from time to time. A customer's use of dotCOM
designers' services after changes to the AUP are posted on dotCOM
designers' web site, www.1userverhosting.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
subscribers obtain information through the Internet, they must keep in
mind that 1U Server Hosting cannot monitor, verify, warrant, or vouch
for the accuracy and quality of the information that subscribers 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 1U Server Hosting cannot
monitor or censor the Internet, and will not attempt to do so, dotCOM
designers cannot accept any responsibility for injury to its
subscribers that results from inaccurate, unsuitable, offensive, or
illegal Internet communications.
When subscribers disseminate information through the Internet, they
also must keep in mind that 1U Server Hosting does not review, edit,
censor, or take responsibility for any information its subscribers 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 1U Server Hosting' network and may reach a large number of
people, including both subscribers and nonsubscribers of dotCOM
designers, subscribers' postings to the Internet may affect other
subscribers and may harm 1U Server Hosting' goodwill, business
reputation, and operations. For these reasons, subscribers violate
1U Server Hosting 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 1U Server Hosting, but also
because it can overload 1U Server Hosting' network and disrupt service
to 1U Server Hosting subscribers. Also, maintaining an open SMTP relay
is prohibited. When a complaint is received, 1U Server Hosting has the
discretion to determine from all of the evidence whether the email
recipients were from an "opt-in" email list.
:: 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. 1U Server Hosting is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright
infringement. It is also 1U Server Hosting' policy to terminate the
privileges of customers who commit repeat violations of copyright
laws.
:: Obscene Speech or Materials
-- Using 1U Server Hosting' network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene
speech or material. 1U Server Hosting is required by law to notify law
enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through 1U Server Hosting'
network.
:: Defamatory or Abusive Language
-- Using 1U Server Hosting' 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
-- 1U Server Hosting 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 dotCOM
designers determines to be harmful to its subscribers, 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. dotCOM
designers will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with 1U Server Hosting
policy or applicable law. When 1U Server Hosting 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.
1U Server Hosting also is aware that many of its subscribers are,
themselves, providers of Internet services, and that information
reaching 1U Server Hosting' facilities from those subscribers may have
originated from a customer of the subscriber or from another
third-party. 1U Server Hosting does not require its subscribers who
offer Internet services to monitor or censor transmissions or web sites
created by customers of its subscribers. 1U Server Hosting has the right
to directly take action against a customer of a subscriber. Also,
1U Server Hosting may take action against the 1U Server Hosting
subscriber because of activities of a customer of the subscriber, even
though the action may effect other customers of the subscriber.
Similarly, 1U Server Hosting anticipates that subscribers who offer
Internet services will cooperate with 1U Server Hosting in any
corrective or preventive action that 1U Server Hosting deems necessary.
Failure to cooperate with such corrective or preventive measures is a
violation of 1U Server Hosting policy.
1U Server Hosting 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, dotCOM
designers urges its subscribers to assume that all of their on-line
communications are insecure. 1U Server Hosting cannot take any
responsibility for the security of information transmitted over dotCOM
designers' facilities.
1U Server Hosting will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required to do so
by law, governmental authority, or when public safety is at stake.
1U Server Hosting may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also,
1U Server Hosting 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. 1U Server Hosting 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,
1U Server Hosting may disclose subscriber information or information
transmitted over its network where necessary to protect dotCOM
designers and others from harm, or where such disclosure is necessary
to the proper operation of the system.
1U Server Hosting expects that its subscribers 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 1U Server Hosting policy.
Finally, 1U Server Hosting wishes to emphasize that in signing the
service agreement, subscribers indemnify 1U Server Hosting for any
violation of the service agreement, law, or 1U Server Hosting policy,
that results in loss to 1U Server Hosting or the bringing of any claim
against 1U Server Hosting by any third-party. This means that if dotCOM
designers is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded
against 1U Server Hosting, plus costs and reasonable attorneys'
fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including 1U Server Hosting and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to abuse@1userverhosting.com
Last Modified January 5, 2005
