As a provider of web site hosting,
and other Internet-related services, 100 Megs Dedicated
offers its clients, and their customers and users,
the means to disseminate a wealth of public, private,
commercial, and non-commercial information. 100
Megs Dedicated respects that the Internet provides
a forum for free and open discussion and dissemination
of information, however, when there are competing
interests at issue, 100 Megs Dedicated reserves
the right to take certain preventative or corrective
actions. In order to protect these competing interests,
100 Megs Dedicated 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
100 Megs Dedicated’s services. This AUP will be
revised from time to time. A customer's use of 100
Megs Dedicated’s after changes to the AUP are posted
on 100 Megs Dedicated’s web site, www.100 Megs Dedicated,
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 100 Megs Dedicated 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 100 Megs Dedicated’s
network and may reach a large number of people,
including both clients and non-clients of 100 Megs
Dedicated, clients' postings to the Internet may
affect other clients and may harm 100 Megs Dedicated’s
goodwill, business reputation, and operations. For
these reasons, clients violate 100 Megs Dedicated
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 100 Megs Dedicated,
but also because it can overload 100 Megs Dedicated's
network and disrupt service to 100 Megs Dedicated
clients. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, 100 Megs
Dedicated 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. 100
Megs Dedicated is required by law to remove or block
access to customer content upon receipt of a proper
notice of copyright infringement. It is also 100
Megs Dedicated’s policy to terminate the privileges
of customers who commit repeat violations of copyright
laws.
Defamatory
or Abusive Language
Using 100 Megs Dedicated’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 100 Megs Dedicated servers, including,
but not limited to, IRC bots, eggdrop, BitchX, XiRCON,
warez sites and any other program that interferes
with normal server operation.
100 Megs Dedicated 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
100 Megs Dedicated 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 100 Megs Dedicated 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. 100 Megs Dedicated
will not, as an ordinary practice, monitor the communications
of its client to ensure that they comply with 100
Megs Dedicated policy or applicable law. When 100
Megs Dedicated 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.
100 Megs Dedicated 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, 100 Megs Dedicated
urges its clients to assume that all of their on-line
communications are insecure. 100 Megs Dedicated
cannot take any responsibility for the security
of information transmitted over 100 Megs Dedicated’s
facilities.
100 Megs Dedicated 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. 100 Megs Dedicated may, however, monitor
its service electronically to determine that its
facilities are operating satisfactorily. Also, 100
Megs Dedicated 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. 100 Megs Dedicated 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, 100 Megs
Dedicated may disclose client information or information
transmitted over its network where necessary to
protect 100 Megs Dedicated 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 100
Megs Dedicated and its clients, as responsible members
of the Internet. Any complaints about a client's
violation of this AUP should be sent to abuse@100megsdedicated.com
