| Acceptable
Usage Policy (AUP)
As a provider
of Internet access, web site hosting, and other Internet-related
services, Professional Websites 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. Professional Websites
respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when
there are competing interests at issue, Professional Websites
reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, Professional
Websites 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 Professional
Websites services. This AUP will be revised from time to time.
A customer's use of Professional Websites services after changes
to the AUP are posted on Professional Websites web site, www.pro-webs.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 Professional
Websites 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 Professional Websites cannot monitor or censor the
Internet, and will not attempt to do so, Professional Websites
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 Professional
Websites 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 Professional Websites network and may reach
a large number of people, including both subscribers and non
subscribers of Professional Websites, subscribers' postings
to the Internet may affect other subscribers and may harm
Professional Websites goodwill, business reputation, and operations.
For these reasons, subscribers violate Professional Websites
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 Professional
Websites, but also because it can overload Professional Websites
network and disrupt service to Professional Websites subscribers.
Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, Professional Websites 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. Professional Websites
is required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement.
It is also Professional Websites policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
· Obscene Speech or Materials -- Using
Professional Websites network to advertise, transmit, store,
post, display, or otherwise make available child pornography
or obscene speech or material. Professional Websites is required
by law to notify law enforcement agencies when it becomes
aware of the presence of child pornography on or being transmitted
through Professional Websites network.
· Defamatory or Abusive Language --
Using Professional Websites 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.
· Usenet Groups -- Professional Websites
reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup
violates the 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 Professional
Websites 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. Professional Websites will not, as an ordinary
practice, monitor the communications of its subscribers to
ensure that they comply with Professional Websites policy
or applicable law. When Professional Websites 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.
Professional Websites is also aware that
many of its subscribers are, themselves, providers of Internet
services, and that information reaching Professional Websites
facilities from those subscribers may have originated from
a customer of the subscriber or from another third-party.
Professional Websites does not require its subscribers who
offer Internet services to monitor or censor transmissions
or web sites created by customers of its subscribers.
Professional Websites has the right to directly
take action against a customer of a subscriber. Also, Professional
Websites may take action against the Professional Websites
subscriber because of activities of a customer of the subscriber,
even though the action may effect other customers of the subscriber.
Similarly, Professional Websites anticipates that subscribers
who offer Internet services will cooperate with Professional
Websites in any corrective or preventive action that Professional
Websites deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of Professional Websites
policy.
Professional Websites is also concerned with
the privacy of on-line communications and web sites. 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, Professional Websites urges
its subscribers to assume that all of their on-line communications
are insecure. Professional Websites cannot take any responsibility
for the security of information transmitted over Professional
Websites facilities.
Professional Websites 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. Professional
Websites may, however, monitor its service electronically
to determine that its facilities are operating satisfactorily.
Also, Professional Websites 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.
Professional Websites 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, Professional Websites may disclose subscriber
information or information transmitted over its network where
necessary to protect Professional Websites and others from
harm, or where such disclosure is necessary to the proper
operation of the system.
Professional Websites 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 Professional Websites policy. Finally, Professional
Websites wishes to emphasize that in signing the service agreement,
subscribers indemnify Professional Websites for any violation
of the service agreement, law, or Professional Websites policy,
that results in loss to Professional Websites or the bringing
of any claim against Professional Websites by any third-party.
This means that if Professional Websites is sued because of
a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Professional
Websites, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including Professional
Websites and its subscribers, as responsible members of the
Internet.
If you have any questions please contact
our Customer Services.
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