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As a provider of web site hosting,
and other Internet-related services, WebspaceGurus.com
offers its clients, and their customers and users,
the means to disseminate a wealth of public, private,
commercial, and non-commercial information. WebspaceGurus.com
respects that the Internet provides a forum for free
and open discussion and dissemination of information,
however, when there are competing interests at issue,
WebspaceGurus.com reserves the right to take certain
preventative or corrective actions. In order to protect
these competing interests, WebspaceGurus.com 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 WebspaceGurus.com's services. This AUP will
be revised from time to time. A customer's use of
WebspaceGurus.com’s after changes to the AUP are posted
on WebspaceGurus.com’s web site, www.WebspaceGurus.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 to
disseminate information to others.
When information is disseminated through
the Internet, they also must keep in mind that WebspaceGurus.com
does not review, edit, censor, or take responsibility
for any information its clients 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 WebspaceGurus.com’s
network and may reach a large number of people, including
both clients and non-clients of WebspaceGurus.com,
clients' postings to the Internet may affect other
clients and may harm WebspaceGurus.com’s goodwill,
business reputation, and operations. For these reasons,
clients violate WebspaceGurus.com 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 WebspaceGurus.com, but
also because it can overload WebspaceGurus.com's network
and disrupt service to WebspaceGurus.com clients.
Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, WebspaceGurus.com has
the discretion to determine from all of the evidence
whether the e-mail recipients were from an "opt-in"
e-mail list. Refer to our UCE/SPAM
Policy for more informtion.
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. WebspaceGurus.com
is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright
infringement. It is also WebspaceGurus.com’s policy
to terminate the privileges of customers who commit
repeat violations of copyright laws.
Defamatory
or Abusive Language
Using WebspaceGurus.com’s 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).
Background
Running Programs
Background Daemons in general are prohibited
on WebspaceGurus.com servers, including, but not limited
to, IRC bots, eggdrop, BitchX, XiRCON, warez sites
and any other program that interferes with normal
server operation.
WebspaceGurus.com will be the sole
arbitor of what consitutes a violation of the above
policy.
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
WebspaceGurus.com 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 WebspaceGurus.com determines to
be harmful to its clients, operations, reputation,
goodwill, or customer relations.
As we have pointed out, the responsibility
for avoiding the harmful activities just described
rests primarily with the client. WebspaceGurus.com
will not, as an ordinary practice, monitor the communications
of its client to ensure that they comply with WebspaceGurus.com
policy or applicable law. When WebspaceGurus.com 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.
WebspaceGurus.com 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, WebspaceGurus.com
urges its clients to assume that all of their on-line
communications are insecure. WebspaceGurus.com cannot
take any responsibility for the security of information
transmitted over WebspaceGurus.com’s facilities.
WebspaceGurus.com will not intentionally
monitor private electronic mail messages sent or received
by its clients unless required to do so by law, governmental
authority, or when public safety is at stake. WebspaceGurus.com
may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily.
Also, WebspaceGurus.com may disclose information,
including but not limited to, information concerning
a client, 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. WebspaceGurus.com
assumes no obligation to inform the client that client
information has been provided and in some cases may
be prohibited by law from giving such notice. Finally,
WebspaceGurus.com may disclose client information
or information transmitted over its network where
necessary to protect WebspaceGurus.com and others
from harm, or where such disclosure is necessary to
the proper operation of the system.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including WebspaceGurus.com
and its clients, as responsible members of the Internet.
Any complaints about a client's violation of this
AUP should be sent to abuse@webspacegurus.com
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