|
CyberTech Hosting Acceptable Usage Policy
(Version 2.1 - Last updated January 21, 2002)
1. Scope
This Service Usage Policy (this “Policy”) governs the usage of
CyberTech’s web hosting and e-mail products and services (the
“Services”). This Policy is incorporated by reference into each
contract CyberTech enters into with a customer (each, a
“Customer”) for the use of such Services. CyberTech may modify
this Policy at any time without notice.
2. Purpose.
The purpose of this Policy is to enhance the quality of the
Services and to protect CyberTech’s customers, our network
providers 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
CyberTech (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.
3. Prohibited Uses.
Users may not:
(a) Utilize the Services to send mass unsolicited e-mail to
third parties.
(b) Utilize the Services in connection with any illegal
activity.
Without limiting the general application of this rule, Users may
not:
i) Utilize the Services to copy material from third parties
(including text, graphics, music, videos or other copyrightable
material) without proper authorization;
ii) Utilize the Services to misappropriate or infringe the
patents, copyrights, trademarks or other intellectual property
rights of any third party;
iii) Utilize the Services to traffic in illegal drugs, illegal
gambling, obscene materials or any products or services that are
prohibited under applicable law;
iv) Utilize the Services to export encryption software to points
outside the United States in violation of applicable export
control laws; or
v) Utilize the Services in any manner that violates applicable
law.
(c) Utilize the Services in connection with any tortious or
actionable activity.
Without limiting the general application of this rule, Users may
not:
i) Utilize the Services to publish or disseminate information
that (A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of a person
without that person’s consent or (C) otherwise violates the
privacy rights of any person.
ii) 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.
(d) Utilize the Services in connection with any other disruptive
or abusive activity.
Without limiting the general application of this rule, Users may
not:
i) Utilize the Services to cause denial of service attacks
against CyberTech, our network providers or other network hosts
or Internet users or to otherwise degrade or impair the
operation of the servers and facilities of CyberTech, our
network providers, or the servers and facilities of other
network hosts or Internet users;
ii) Post messages or software programs that consume excessive
CPU time or storage space;
iii) Utilize the Services to offer mail services, mail
forwarding capabilities, POP accounts or autoresponders other
than for the User’s own account;
iv) Utilize the Services to resell access to CGI script
installed on CyberTech’s servers or the servers of our network
providers;
v) Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any of CyberTech’s
systems, facilities or equipment or those of our network
providers;
vi) Utilize the Services to gain unauthorized access to the
computer networks of CyberTech or any other person;
vii) 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;
viii) Utilize the Services to (A) forge the signature or other
identifying mark or code of any other person, (B) impersonate or
assume the identity of any other person, or (C) 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);
ix) 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;
x) 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);
xi) 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;
xii) Utilize the Services to solicit or collect, or distribute,
advertise or promote, email address lists for the purpose of
encouraging or facilitating unsolicited commercial e-mail or
spam;
xiii) Utilize the Services in any manner that might subject
CyberTech or our network providers to unfavorable regulatory
action, subject CyberTech or our network providers to any
liability for any reason, or adversely affect the public image,
reputation or goodwill of CyberTech or our network providers,
including, without limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by CyberTech in its sole
discretion; or
xiv) Utilize the Services in any other manner to interrupt or
interfere with the Internet usage of other persons.
4. Violations
(a) Disclaimer. CyberTech expressly disclaims any obligation to
monitor its Customers and other Users with respect to violations
of this Policy. CyberTech 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 website.
(b) Reporting Non-Copyright Violations. CyberTech encourages
Users to report violations of this policy to us through such
abuse mailbox or address as we may provide, 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.
(c) Reporting Copyright Violations. CyberTech complies with the
Digital Millennium Copyright Act (“DMCA”). Users may report an
alleged copyright infringement involving a user by sending a
notice that complies with the DMCA to our registered agent for
DMCA notices. You may find the address for our DMCA agent
through the U.S. Copyright office at the Library of Congress at:
http://www.copyright.gov/onlinesp/list/index.html.
(d) Remedies. If CyberTech learns of a violation of this Policy,
we will respond to the applicable Customer and may, in our sole
discretion, take any of the following actions, in accordance
with the severity and duration of the violation:
i) Warning the Customer;
ii) Suspending the offending Customer from the Services;
iii) Terminating the offending Customer from the Services;
iv) Imposing fees or charges on the offending Customer account
in accordance with the applicable service contract;
v) Removing the offending content; and
vi) 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, we 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.
5. Reservation of Rights.
CyberTech reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity
involving the Services, our Customers and other Users. CyberTech
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. |
