This AUP is not intended to address all possible unacceptable uses of InetServices' Services. As a result, InetServices reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as InetServices deems appropriate in its sole discretion.
YOUR USE OF INETSERVICES' SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. INETSERVICES MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS' BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
INETSERVICES WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, INETSERVICES RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT INETSERVICES TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE INETSERVICES TO INCUR LEGAL FEES OR OTHER EXPENSES.
INETSERVICES MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. INETSERVICES MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
1. Lawful Purpose
You may use InetServices' Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use InetServices' Services to facilitate, or otherwise assist in, the violation of any law or regulation.
2. Spamming and Related Activities
InetServices strictly prohibits your use of InetServices' Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
3. Permission Based Communications
You may use InetServices' Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using InetServices' Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via InetServices' Services, you must verify that the lists have been compiled on a strict "opt-in" basis.
In addition to the foregoing general requirements, all permission-based communications sent using InetServices' Services must include the following (and you are required to take the corresponding actions set forth below):
1. A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they requested.)
2. The recipient's accurate e-mail address in the "to" line and the sender's accurate e-mail address in the "from" line.
4. A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time InetServices notifies you.)
5. An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must clearly display your up-to-date mailing address, telephone number and facsimile number.
You are solely responsible for the transmission of all such permission-based communications. InetServices reserves the right to suspend or terminate your Services in the event InetServices receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that InetServices may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
Any activity that causes one or more of InetServices' IP addresses to be blacklisted and/or blocked by other ISP's will result in immediate termination of Services and you will be charged a $200 administrative fee for efforts regarded to get those IP's unblacklisted and/or unblocked.
4. Violations of Other Intellectual Property Rights
You may not use InetServices' Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.
Although InetServices reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using InetServices' Services in a manner that infringes such third party's intellectual property rights, InetServices may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide InetServices with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
5. Defamation and Harassment
You may not use InetServices' Services to defame, harass, abuse, libel, slander or threaten a third party.
6. Child Pornography
You may not use InetServices' Services to disseminate or display images or other content that constitutes child pornography under United States laws.
InetServices applies a zero tolerance policy to the enforcement of this prohibition. InetServices takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. InetServices reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that InetServices may be cooperating with law enforcement or that InetServices has reported the use of its Services in this manner.
7. Disruptive or Abusive Activity
You may not use InetServices' Services:
1. to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
2. to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
3. to maintain open mail relays, forward or propagate "chain" mail or mail bomb;
4. to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user's terminal session;
5. in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
6. to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
7. to hack, subvert, or assist others in hacking or subverting the security or integrity of InetServices' Services;
8. to disseminate or display indecent or obscene images or content;
9. to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
10. to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
11. in any manner that might potentially subject InetServices to unfavorable regulatory action, subject InetServices to any liability for any reason, or adversely affect InetServices' public image, reputation, goodwill, business or operations.
8. United States Export Laws
United States export control laws govern your use of InetServices' Services. These laws apply to you and your use of InetServices' Services regardless of whether you actually reside in the United States.
You may not use InetServices' Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use InetServices' Services to provide services to end users with whom United States citizens may not do business.
While InetServices is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. InetServices is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of InetServices.
10. IP Addresses
In connection with your use of InetServices' Services, you may only use IP addresses that are assigned to you by InetServices. If you use IP addresses that are not assigned to you by InetServices, InetServices will suspend your Services from network access until such time as the IP address overlap is corrected. InetServices owns all IP addresses that may be assigned to you by InetServices. InetServices may, in its sole discretion, change these numbers from time to time without notice to you.
11. Certain Restrictions Applicable to Shared Customers
If you are the registered owner of an InetServices shared account:
Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in InetServices' records. You may allow ftp access and host websites for your end customers without violating this AUP.
When you utilize an excessive amount of system resources, InetServices reserves the right to place CPU process limits on your account to prevent disruption of InetServices Services to other customers. InetServices reserves sole discretion to determine what constitutes excessive usage of system resources.
12. Certain Restrictions Applicable to Dedicated Customers
If you are the registered owner of an InetServices dedicated account:
You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and InetServices may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that InetServices will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or InetServices' Services or inability to transmit or receive information as a result of any actions taken by InetServices in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to InetServices that are set forth in the Terms of Service or any other agreement between you and InetServices.
13. No Credits or Refunds for Suspension and/or Termination of Services
InetServices does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this AUP. You agree to indemnify, defend and hold harmless InetServices from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of InetServices' Services.
If InetServices determines that you intentionally violate this AUP, then your InetServices' Services will be terminated and you will be charge the Early Termination fee of 75% of the remaining value of the contract as stated in the Service Agreement.
14. Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated or posted using InetServices' Services comply with this AUP and all applicable laws and regulations. InetServices does not review, edit, censor or take responsibility for any information you, other customers or your end users may create.
InetServices may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. InetServices assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
On occasion, InetServices may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. InetServices may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail.
It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to InetServices during the sign-up process. It is your responsibility to inform InetServices promptly of any changes to your account or contact information. InetServices has no responsibility for communications that are misdirected as a result of your failure to provide InetServices with updated contact information.
This AUP was last updated on November 1, 2004.