PAGEUP WEB SERVICES
ACCEPTABLE USE POLICY
(Revised 6/17/2003)
1.
Introduction
This Acceptable Use Policy
("AUP") applies to all hosting clients of PageUp Web Services, LLC
("PageUp"), and is intended to provide a general understanding of
PageUp's policy on the acceptable use of its Web hosting services
("Services"). The AUP is designed to help protect our Services, our
clients and the Internet community from irresponsible or illegal activities.
PageUp expects that common sense and good judgment will guide all of our client's
activities on the Internet. PageUp does not accept responsibility for the
content of the materials and information published by others which are
accessible through the PageUp Services and does not accept responsibility for
the violation of any laws resulting from such publication.
All users of PageUp's Services are expected to abide
by the laws of the state and country in which they reside, including all
copyright laws and regulations, tariff regulations, export controls, treaties
and international law.
Use of PageUp's Services constitutes, on the part of
such user, acceptance of and agreement to abide by all of the rules and
regulations and policies of PageUp, including this AUP, as such policies may be
modified by PageUp at any time and from time to time. Use of PageUp's Services
are at the risk of the client.
Electronic Communications Privacy Act Notice (18 USC
§§ 2701-2711) PAGEUP MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED BY, ATTACHED TO, OR STORED ON THE
NETWORK OR SERVERS LEASED FROM ITS WHOLESALE WEB HOSTING PROVIDER OR ANY
NETWORK ATTACHED TO THE WHOLESALE PROVIDER’S NETWORK OR SERVERS. PAGEUP SHALL
NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND
IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET
INFORMATION, OR ANY OTHER CONTENT STORED ON PAGEUP EQUIPMENT, TRANSMITTED OVER
NETWORKS ACCESSED BY CLIENT, OR OTHERWISE CONNECTED WITH USE OF THE PAGEUP
NETWORK. SEE PAGEUP'S PRIVACY POLICY FOR HOW WE USE PERSONAL INFORMATION.
2.
Policies
a.
Only the authorized
owners of the accounts may use PageUp accounts, except where specifically
authorized by PageUp. Allowing use of your account by others is prohibited and
at your own risk.
b. PageUp prohibits resale, trade or transfer of any
account without express written consent from PageUp. Attempting to obtain
access beyond that for which a client has authorization will be grounds for
immediate termination of the client's
account.
c.
Attempting
to defeat identification procedures, gain passwords or encryption codes,
penetrate security measures, circumvent user authentication or use of the
PageUp Services to gain unlawful or unauthorized entry to another machine on
the Internet; use of a PageUp account to or attempt to alter or destroy data
belonging to PageUp or another user on any computer network; and use of the
PageUp Services as a staging ground to "crack" other systems will be
grounds for immediate termination of
the client's account.
d. Transmission, redistribution, reproduction or
commercial exploitation of information available on PageUp's Services without
the permission of its owner or in violation of applicable copyright laws or
patents will be grounds for immediate termination of the client's account.
e.
PageUp prohibits abusive
or inappropriate use of any PageUp Services, including any behavior which
disrupts the normal use of the Internet system or services of others, inhibits
any user from accessing the Internet, interferes with the proper operation of
PageUp's network or impairs the availability, reliability or quality of PageUp
Services for other clients.
f.
It is contrary to
PageUp’s specific policies , and PageUp
reserves the right to remove any material from any site without notice, if any
client or user is effectuating or participating in any of the following
activities:
i).
encouraging a violation
of any applicable law or regulation, including but not limited to the sale of
illegal goods, the violation of export
controls, or obscenity laws ;
ii).
infringing the rights of
any third party, including but not limited to the intellectual property,
business, contractual or fiduciary rights of others;
iii).
involving the display,
sale, distribution or creation of any adult content, obscene or otherwise
offensive goods, services, materials or ideas or promote violence or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
iv).
involving the display,
sale, distribution or creation of any pro-terrorism content;
v).
making fraudulent offers
of items, products, or services originating from a client's account;
vi).
using non-authorized
relays through any third party systems;
vii).
"flooding" or
overburdening recipient computer systems by sending a high volume of spurious
data which impedes functionality or disables the recipient system, or any other
methods of denial of service of another;
viii).
storing or distributing,
via PageUp Services, illegally-acquired information, programs containing
malicious code, including viruses, trojans or worms or tools to comprise the
security of other sites;
ix).
using programs such as
packet sniffers, host and/or service monitoring or other similar programs; and
x).
engaging in any of the
above activities using the service of another provider but channeling such
activities through a PageUp account or re-mailer or using a PageUp account as a
mail drop for responses.
g. Email and Internet Relay
Chat
i).
Email is a
person-to-person medium and not a broadcast medium. Harassing others by
"mail-bombing" or "spamming," which constitutes sending
the same or substantially similar unsolicited electronic mail messages to a
large number of recipients, or more than twenty (20) similar mail messages to
the same email address, may be grounds for termination of a client's account.
PageUp also strictly prohibits threatening bodily harm or property damage to
individuals or groups, i.e. making terrorist threats. This conduct is grounds
for termination.
ii).
PageUp specifically
prohibits the following activities in connection with the use of email or IRC
services:
(a).
distributing malicious
software which contributes to or assists in "mail-bombing" or
"spamming";
(b).
sending unsolicited,
junk or chain letter email for the purpose of advertising or soliciting, or
using PageUp's email address to collect responses from unsolicited email;
(c).
attempting to impersonate
any person, using forged email or other identifying information;
(d).
installing
"auto-responders," "cancel-bots" or similar automated or
manual routines which generate excessive amounts of net traffic;
(e). using IRC bots in violation of any accepted policies
on IRC servers; and
(f).
running an IRC server or
providing IRC related services on PageUp's network.
3.
Client’s responsibilities
a.
All PageUp clients and
users who publish materials and information which are accessible through the
PageUp connection are solely responsible for the content of such materials and
information and they are solely responsible for compliance with all laws
applicable to the publication of such materials and information. Each client or user must accept responsibility
for the publication of any defamatory, adult content, confidential, secret or
proprietary material.
b.
Each account holder is
responsible for charges incurred by others to whom the account holder has given
its username and/or password, and for charges incurred by a person who has obtained
such account holder's username and/or password prior to the account holder's notification to PageUp
of this fact.
c.
Any
permitted customers of PageUp's clients are bound by same restrictions as
PageUp's clients, including this AUP.
4.
Actions by PageUp for Noncompliance or Violation
a.
PageUp is under no
obligation to monitor the content of websites hosted by Clients for violations
of this AUP. Certain of the activities set forth above cause alarms that could
require PageUp to take action. Account holders should be aware, however, that
normal use and software will not set off
these alarms.
b.
Use of a PageUp account
or Services in an illegal manner is grounds for immediate termination of the account. Users should be aware that
PageUp views these activities very
seriously and may disclose prohibited activities to law enforcement agencies,
including the Federal Bureau of Investigation, with whom PageUp will fully
cooperate. PageUp will cooperate with appropriate law enforcement agencies
involved in investigating instances that may be reported to those authorities by clients or other users
who believe they are being subjected to potentially unlawful harassment.
c.
PageUp reserves the
right to conduct its own investigation of suspected violations of this AUP.
d.
In addition to the other
actions described herein, PageUp may take one or more of the following specific
actions:
i).
log instances of abuse;
ii).
disable and cancel the
client's account (noncompliance or violation of this AUP is a material breach
of the Virtual Server Agreement and may be grounds for termination by PageUp);
iii).
delete some or all of
client's files in PageUp's possession, or cease providing Services.
e.
If an account is
temporarily deactivated as a result of any prohibited activities, the account
may be subject to reactivation charges and/or deposit requirements to be
determined by PageUp.
f.
Each account holder
understands and acknowledges that PageUp has the right to terminate any account
for any reason that PageUp interprets as an abuse of the account and the account holder will be liable for any
and all costs incurred by PageUp as result of
the abuse.
g.
PageUp will review
alleged violations of this AUP on a case-by-case basis. Violations that are not
promptly remedied may result in disciplinary action, including referral to
appropriate authorities for civil or criminal prosecution. PageUp's decisions
in these matters are final. PageUp does
not assume any liability to any account holders, users or others for its
failure to enforce this AUP.
h.
No one should construe
anything herein as a limitation on PageUp's remedies to recover costs, identify
and remove offenders, levy cancellation charges or pursue any other remedies at
law or in equity.
5.
Contacts
a.
Each account holder must
immediately notify PageUp of any unauthorized use of an account holder's account, or any breach or attempted breach of
security, if the account holder
believes that their password has been
compromised or of any other violations of this AUP.
b.
If you have any
questions with respect to this AUP, please contact PageUp Web Services, LLC at
2881 Hemlock Drive, Willoughby Hills, OH 44094, Attention: Compliance
Coordinator or by emailing us at abuse@pageup.us
PAGEUP RESERVES THE RIGHT TO
MODIFY THIS POLICY AT ANY TIME AND FROM TIME TO TIME.
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