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HOME>> COMPANY>> POLICIES>> Professional Hosting Acceptable Uses Policy

The Internet is intended for use by mature adults (and by minors when supervised by mature adults). Our customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. The customer is expected to have a basic knowledge of how the Internet functions, the types of use which are generally acceptable, and the types of use which are to be avoided.

Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, -- including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Tortious conduct, -- including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Net abuse -- including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. WebMarket West reserves the right to determine what constitutes net abuse.

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 WebMarket West, but also because it can overload our network and disrupt service to our subscribers. Maintaining an open SMTP relay is prohibited. When a complaint is received, WebMarket West has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Misuse of system resources, -- including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; or resale of access to CGI scripts installed on our servers.

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. WebMarket West is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WebMarket West's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using WebMarket West's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. WebMarket West is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WebMarket West's network.

Defamatory or Abusive Language -- Using WebMarket West'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).

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 Acceptable Use Policy (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 -- WebMarket West reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates this 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 WebMarket West determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
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