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Acceptable Use Policy (AUP)
1. Scope.
This Acceptable Use Policy (this "Policy") governs the usage of GotWebHosting.coms
products and services (the "Services"). This Policy is incorporated
by reference into each contract GotWebHosting.com enters into with a customer
(each, a "Customer") for the use of such Services. Every Customer
is subject to this Policy, and by virtue of using GotWebHosting.com's services,
network, and/or systems (collectively the "Services") agrees to be
bound by this Policy. GotWebHosting.com will revise this Policy from time to
time without notice. A Customer's use of the Services after revisions to the
Policy are posted on GotWebHosting.com's website at www.GotWebHosting.com.com,
will constitute such person's acceptance of any changes or additions to the
Policy.
2. Purpose. The purpose of this Policy is to enhance
the quality of the Services and to protect GotWebHosting.coms customers,
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
GotWebHosting.com (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 other any products or services that are prohibited
under applicable law; or
iv. Utilize the Services in any manner that violates applicable
law.
v. Provide points of distribution, or links to the following
types of sites: Pirated Software (Warez) sites (Any
software that is copyrighted and not freely available for distribution without
cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos)
and Hacking / Phreaking (Includes sites with material, links, or resources
for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes
the destruction or compromises the integrity of Web Hosting Network)
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 persons 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 GotWebHosting.com or other network hosts or Internet users or to otherwise
degrade or impair the operation of GotWebHosting.coms servers and facilities
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 Users
own account;
iv. Utilize the Services to resell access to CGI scripts installed
on GotWebHosting.coms servers;
v. Utilize the Services to subvert, or assist others in subverting,
the security or integrity of any GotWebHosting.com systems, facilities or
equipment;
vi. Utilize the Services to gain unauthorized access to the
computer networks of GotWebHosting.com 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 or 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, e-mail 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
GotWebHosting.com to unfavorable regulatory action, subject GotWebHosting.com
to any liability for any reason, or adversely affect GotWebHosting.coms
public image, reputation or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar, racially, ethnically or
otherwise objectionable materials as determined by GotWebHosting.com 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
Disclaimer. GotWebHosting.com expressly disclaims any
obligation to monitor its Customers and other Users with respect to violations
of this Policy. GotWebHosting.com 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 Web site.
Reporting Non-Copyright Violations. GotWebHosting.com
encourages Users to report violations of this policy by e-mail to: support@GotWebHosting.com.com,
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 e-mail.
Reporting Copyright Violations. GotWebHosting.com complies
with the Digital Millennium Copyright Act ("DMCA"). GotWebHosting.com
encourages Users to report an alleged copyright infringement involving a user
by sending a notice that complies with the DMCA to:
DMCA Notices
Attention: Brad Frazer, Esq.
GotWebHosting.com, Inc.
1450 Eagle Flight Way
Boise, ID 83709
Remedies. If GotWebHosting.com learns of a violation
of this Policy, GotWebHosting.com will respond to the applicable Customer and
may, in GotWebHosting.coms sole discretion, take any of the following
actions, in accordance with the severity and duration of the violation:
Warning the Customer;
Suspending the offending Customer from the Services;
Terminating the offending Customer from the Services;
Imposing fees or charges on the offending Customer account in
accordance with the applicable service contract;
Removing the offending content; and
Taking other action in accordance with this Policy, the applicable
service contract or applicable law.
5. Reservation of Rights. GotWebHosting.com reserves
the right to cooperate with appropriate legal authorities in investigations
of claims of illegal activity involving GotWebHosting.coms Services, Customers
and other Users. GotWebHosting.com 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.
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