As a provider of Internet
access, Website hosting, and other Internet-related
services, ADDR.com offers its customers
(also known as subscribers), and their
customers and users, the means to acquire
and disseminate a wealth of public, private,
commercial, and non-commercial information.
ADDR.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, ADDR.com reserves the right to
take certain preventative or corrective
actions. In order to protect these competing
interests, ADDR.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 ADDR.com's
services. This AUP will be revised from
time to time. A customer's use of ADDR.com's
services after changes to the AUP are
posted on ADDR.com's Website, www.ADDR.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, both in the information
they acquire and in the information they
disseminate to others. When subscribers
obtain information through the Internet,
they must keep in mind that ADDR.com cannot
monitor, verify, warrant, or vouch for
the accuracy and quality of the information
that subscribers may acquire. For this
reason, the subscriber must exercise his
or her best judgment in relying on information
obtained from the Internet, and also should
be aware that some material posted to
the Internet is sexually explicit or otherwise
offensive. Because ADDR.com cannot monitor
or censor the Internet, and will not attempt
to do so, ADDR.com cannot accept any responsibility
for injury to its subscribers that results
from inaccurate, unsuitable, offensive,
or illegal Internet communications.
When subscribers disseminate
information through the Internet, they
also must keep in mind that ADDR.com does
not review, edit, censor, or take responsibility
for any information its subscribers 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 ADDR.com's network and
may reach a large number of people, including
both subscribers and nonsubscribers of
ADDR.com, subscribers' postings to the
Internet may affect other subscribers
and may harm ADDR.com's goodwill , business
reputation, and operations. For these
reasons, subscribers violate ADDR.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 ADDR.com, but also because it can
overload ADDR.com's network and disrupt
service to ADDR.com's subscribers. Also,
maintaining an open SMTP relay is prohibited.
Adult
Natured Sites -- ADDR.com does
not host adult sites. The following are
strictly prohibited:
- Sites containing
pornographic material or links to such adult
content
- Erotic material or advertisements for
adult sites
- Pornography and sex-related merchandising
- Photos or videos showing nudity on either
men or women or children for nonscientific
or non-artistic purposes.
ADDR.com reserves
the right to decide what it considers "adult
content", "adult material",
"sexually explicit", or "sexually
related". If you are not sure whether
your site complies with our policy we strongly
advise you to contact
us before placing an order.
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. ADDR.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 ADDR.com's policy to terminate
the privileges of customers who commit
repeat violations of copyright laws.
Obscene
Speech or Materials -- Using
ADDR.com's network to advertise, transmit,
store, post, display, or otherwise make
available child pornography or obscene
speech or material. ADDR.com is required
by law to notify law enforcement agencies
when it becomes aware of the presence
of child pornography on or being transmitted
through ADDR.com's network.
Defamatory
or Abusive Language -- Using
ADDR.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).
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,
mail bombing, 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, mail bombing, 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.
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. Sites
encouraging illegal activity or racism,
providing instructions to perform illegal
activities etc., are not allowed.
Other
Activities -- Engaging in activities,
whether lawful or unlawful, that ADDR.com
determines to be harmful to its subscribers,
operations, reputation, goodwill , or customer
relations.
As
we have pointed out, the responsibility
for avoiding the harmful activities just
described rests primarily with the subscriber.
ADDR.com will not, as an ordinary practice,
monitor the communications of its subscribers
to ensure that they comply with ADDR.com
policy or applicable law. When ADDR.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
Website, implementing screening software
designed to block offending transmissions,
denying access to the Internet, or take
any other action it deems appropriate.
ADDR.com
also is aware that many of its subscribers
are, themselves, providers of Internet
services, and that information reaching
ADDR.com's facilities from those subscribers
may have originated from a customer of
the subscriber or from another third-party.
ADDR.com does not require its subscribers
who offer Internet services to monitor
or censor transmissions or Websites created
by customers of its subscribers. ADDR.com
has the right to directly take action
against a customer of a subscriber. Also,
ADDR.com may take action against the ADDR.com's
subscriber because of activities of a
customer of the subscriber, even though
the action may effect other customers
of the subscriber. Similarly, ADDR.com
anticipates that subscribers who offer
Internet services will cooperate with
ADDR.com in any corrective or preventive
action that ADDR.com deems necessary.
Failure to cooperate with such corrective
or preventive measures is a violation
of ADDR.com policy.
ADDR.com
also is concerned with the privacy of
on-line communications and Websites.
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, ADDR.com urges its
subscribers to assume that all of their
on-line communications are insecure. ADDR.com
cannot take any responsibility for the
security of information transmitted over
ADDR.com's facilities.
ADDR.com
will not intentionally monitor private
electronic mail messages sent or received
by its subscribers unless required to
do so by law, governmental authority,
or when public safety is at stake. ADDR.com
may, however, monitor its service electronically
to determine that its facilities are operating
satisfactorily. Also, ADDR.com may disclose
information, including but not limited
to, information concerning a subscriber,
a transmission made using our network,
or a Website, in order to comply with
a court order, subpoena, summons, discovery
request, warrant, statute, regulation,
or governmental request. ADDR.com assumes
no obligation to inform the subscriber
that subscriber information has been provided
and in some cases may be prohibited by
law from giving such notice. Finally,
ADDR.com may disclose subscriber information
or information transmitted over its network
where necessary to protect ADDR.com and
others from harm, or where such disclosure
is necessary to the proper operation of
the system.
ADDR.com
expects that its subscribers who provide
Internet services to others will comply
fully with all applicable laws concerning
the privacy of on-line communications.
A subscriber's failure to comply with
those laws will violate ADDR.com policy.
Finally, ADDR.com wishes to emphasize
that in signing the service agreement,
subscribers indemnify ADDR.com for any
violation of the service agreement, law,
or ADDR.com policy, that results in loss
to ADDR.com or the bringing of any claim
against ADDR.com by any third-party. This
means that if ADDR.com is sued because
of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any
damages awarded against ADDR.com, plus
costs and reasonable attorneys' fees.
We hope
this AUP is helpful in clarifying the
obligations of Internet users, including
ADDR.com and its subscribers, as responsible
members of the Internet. Any complaints
about a subscriber's violation of this
AUP should be sent to support@addr.com
