As a provider of web site hosting, and other Internet-related services, 1stHostWeb offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. 1stHostWeb respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, 1stHostWeb reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, 1stHostWeb 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 1stHostWebs services. This AUP will be revised from time to time. A customer's use of 1stHostWeb, after changes to the AUP are posted on 1stHostWebs web site, www.1stHostWeb, 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 to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that 1stHostWeb does not review, edit, censor, or take responsibility for any information its clients 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 1stHostWebs network and may reach a large number of people, including both clients and non-clients of 1stHostWeb, clients' postings to the Internet may affect other clients and may harm 1stHostWebs goodwill, business reputation, and operations. For these reasons, clients violate 1stHostWeb policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
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 1stHostWeb, but also because it can overload 1stHostWeb's network and disrupt service to 1stHostWeb clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, 1stHostWeb has the discretion to determine from all of the evidence whether the Email recipients were from an "opt-in" Email list. Refer to our UCE/SPAM Policy for more information.
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. 1stHostWeb is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also 1stHostWebs policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why 1stHostWeb has been forced to create its no adult sites policy for its virtual server users.
What does 1stHostWeb consider "Adult Material?"
Why does 1stHostWeb have this policy?
1stHostWeb reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
Defamatory or Abusive Language
Using 1stHostWebs 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).
Background Running Programs
Daemons in general are prohibited on 1stHostWeb servers, including, but not limited
to, IRC bots, egg drop, BitchX, XiRCON, warez sites and any other program that
interferes with normal server operation.
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.
1stHostWeb 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.
Engaging in activities, whether lawful or unlawful, that 1stHostWeb determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. 1stHostWeb will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with 1stHostWeb policy or applicable law. When 1stHostWeb 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.
1stHostWeb also is 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, 1stHostWeb urges its clients to assume that all of their on-line communications are insecure. 1stHostWeb cannot take any responsibility for the security of information transmitted over 1stHostWebs facilities.
1stHostWeb will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. 1stHostWeb may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, 1stHostWeb may disclose information, including but not limited to, information concerning a client, 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. 1stHostWeb assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, 1stHostWeb may disclose client information or information transmitted over its network where necessary to protect 1stHostWeb and others from harm, or where such disclosure is necessary to the proper operation of the system.
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