|
As a
provider of Internet access, web site hosting, and other
Internet-related services, OpenSlowly.com (Known here in as
OSC) recognizes that the Internet provides a forum for free
and open discussion and dissemination of information, however,
OSC reserves the right to take certain preventative or
corrective actions when conflicts arise in the use or
distribution of this information. This Acceptable Use Policy
("AUP") supplements each client's respective service agreement
and is intended as a guide to the client's rights and
obligations when using OSC's services. This AUP will be
revised from time to time and posted at OSC's web site (http://www.openslowly.com).
A client's use of OSC's services after changes to the AUP are
posted on OSC's web site will constitute the client's
acceptance of any new or additional terms of the AUP that
result from those changes.
OSC values open communications with our clients and will work with
any client who is or may be in violation of this AUP, however
at the sole discretion of OSC management, any violation of
this AUP may result in the suspension or immediate termination
of the OSC clients services without prior notice.
OSC cannot monitor, verify, warrant, or vouch for the accuracy and
quality of the information that subscribers may acquire or
encounter through web services supported by OSC. Clients must
use their best judgment in relying on information obtained
from the Internet. Because OSC cannot monitor or censor the
Internet, and will not attempt to do so, OSC cannot accept any
responsibility for injury to its clients that results from
inaccurate, unsuitable, offensive, or illegal Internet
communications.
OSC 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 OSC's web services and may reach a
large number of people, clients' postings to the Internet may
affect other OSC clients and may harm OSC's business
reputation and operations. For these reasons, clients violate
this AUP and the service agreement when they, their clients,
affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). Maintaining an open SMTP relay
is prohibited. When a complaint is received, OSC has the
discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
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. OSC is required by law to
remove or block access to client content upon receipt of a
proper notice of copyright infringement. It is also OSC's
policy to terminate the privileges of clients who commit
repeat violations of copyright laws.
Obscene Speech or Materials
Using OSC's network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene
speech or material. OSC is required by law to notify law
enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through OSC's
network. OSC does allow all legal adult and pornographic
material, however it is up to you to learn the laws that govern
what you are not allowed to have on your website. Laws very
all over the world so please contact your local law advisor
for more information on what is legal in your region.
Defamatory or
Abusive Language
Using OSC's network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
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).
Forging of
Headers
Forging or misrepresenting message headers, whether in whole or in
part, to mask the originator of the message.
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.
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
pyramid schemes, ponzi schemes, fraudulently charging credit
cards, and pirating software.
Usenet Groups
OSC reserves the right not to accept postings from newsgroups where
we have actual knowledge that the content of the newsgroup
violates the AUP.
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.
Other
Activities
Engaging in activities, whether lawful or unlawful, that OSC
determines to be harmful to its subscribers, operations,
reputation, goodwill, or client relations. The responsibility
for avoiding these harmful activities rests primarily with the
OSC client. OSC will not, as an ordinary practice, monitor the
communications of its subscribers to ensure that they comply
with OSC policy or applicable law. When OSC 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.
OSC does not require its clients who offer Internet services to
monitor or censor transmissions or web sites created by them
for their clients. OSC has the right to directly take action
against a client of a OSC client. OSC may take action against
the OSC client because of activities of a client of the OSC
client. OSC expects that clients who offer Internet services
will cooperate with OSC in any corrective or preventive action
that OSC deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of OSC
policy.
OSC also is concerned with the privacy of on-line communications
and web sites. As a matter of prudence, however, OSC urges its
subscribers to assume that all of their on-line communications
are insecure. OSC cannot take any responsibility for the
security of information transmitted through OSC's facilities.
OSC 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. OSC may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily.
Also, OSC may disclose information, including but not limited
to, information concerning a subscriber, 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. OSC 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, OSC may
disclose subscriber information or information transmitted
over its network where necessary to protect OSC and others
from harm, or where such disclosure is necessary to the proper
operation of the system.
OSC expects that its clients who provide Internet services to
others will comply fully with all applicable laws concerning
the privacy of on-line communications. A client's failure to
comply with those laws will violate OSC policy. By using any
of OSC services, clients indemnify OSC for any violation of
the service agreement, law, or OSC policy that results in loss
to OSC or the bringing of any claim against OSC by any
third-party. This means that if OSC is sued because of a
client's activity or that of a client of a OSC client, the OSC
client will pay any damages awarded against OSC, plus costs
and reasonable attorneys' fees.
Any complaints about a client's violation of this AUP should
be sent to
support@openslowly.com
|