ACCEPTABLE USE POLICY ("AUP")
- General Information.
As a provider of web site hosting, and other Internet-related services, Westlinks Online
("Westlinks Online") offers its customers, the means to acquire and disseminate
a wealth of public, private, commercial, and non-commercial information. Westlinks Online
respects that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing interests
at issue, Westlinks Online reserves the right to take certain preventative or corrective
actions as they comply with all regulated legalities. In order to protect
these competing interests, Westlinks Online has developed this 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 Westlinks Online's services. This AUP will be revised
from time to time. A customer's use of Westlinks Online's services after changes
to the AUP are posted on Westlinks Online's web site, http://www.westlinks.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 Westlinks Online
cannot monitor, verify, warrant, or vouch for the accuracy and quality of
the information that users may acquire. For this reason, the user 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 Westlinks Online cannot monitor or censor
the Internet, and will not attempt to do so, Westlinks Online cannot accept any responsibility
for injury to its users, customers or subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications. When users or customers
disseminate information through the Internet, they also must keep in mind
that Westlinks Online does not review, edit, censor, or take responsibility for any
information its users, customers or 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 Westlinks Online's network and may reach
a large number of people, including but not limited to customers, subscribers
and non-subscribers of Westlinks Online, customers' and subscribers' postings to
the Internet may affect other customers and subscribers and may harm Westlinks Online's
goodwill, business reputation, and operations. For these reasons, customers
and subscribers violate Westlinks Online policy and the service agreement when they,
their customers, affiliates, or subsidiaries engage in activities described
herein.
- Purpose.
The purpose of this AUP is to enhance the quality of the Services and
to protect Westlinks Online's customers, and the Internet community as a whole, from
illegal, irresponsible, or disruptive Internet activities. This AUP applies
to each Customer and its employees, agents, contractors or other users of
such Customer who obtain Services from Westlinks Online (each such person being a
"User"). Each User should use common sense and good judgment in connection
with the Services. Parents or guardians should always supervise minors in
using the Internet. Parents and guardians should remain aware at all times
of what is on the Internet and how the minors under their care are using the
Services and the Internet.
- Prohibited Uses. Customers and Users may not:
a. Utilize the Services to send 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 Westlinks Online, but also because
it can overload Westlinks Online's network and disrupt service to its Customers subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint is received,
Westlinks Online has the absolute and sole discretion to determine from all of the
evidence whether the email recipients were from an "opt-in" email list.
b. Utilize the Services in connection with any illegal activity. Without limiting
the general application of this rule, Customers and Users may not:
i. Utilize the Services to copy material from third parties (including text,
graphics, music, videos or other copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene
materials or other any products or services that are prohibited under applicable
law;
iv. Utilize the Services to export encryption software to points outside the
United States in violation of applicable export control laws;
v. Utilize the Services to Forge or misrepresent message headers, whether
in whole or in part, to mask the originator of the message; or
vi. Utilize the Services in any manner that violates applicable law.
c. Utilize the Services in connection with any tortious or actionable activity.
Without limiting the general application of this rule, Customers and Users
may not:
i. Utilize the Services to publish or disseminate information that (A) constitutes
slander, libel or defamation, (B) publicizes the personal information or likeness
of a person without that person's consent or (C) otherwise violates the privacy
rights of any person. Utilize the Services to threaten persons with bodily
harm, to make harassing or abusive statements or messages, or to solicit the
performance of acts or services that are illegal under applicable law.
ii. Utilize the Services in connection with any other disruptive or abusive
activity.
- Without limiting the general application of this rule, Customers and
Users may not:
a. Utilize the Services to cause denial of service attacks against Westlinks Online
or other network hosts or Internet users or to otherwise degrade or impair
the operation of Westlinks Online's servers and facilities or the servers and facilities
of other network hosts or Internet users;
b. Post messages or software programs that consume excessive CPU time or storage
space;
c. Utilize the Services to offer mail services, mail forwarding capabilities,
POP accounts or auto responders other than for the User's own account;
d. Utilize the Services to resell access to CGI scripts installed on Westlinks Online's
servers;
e. Utilize the Services to subvert, or assist others in subverting, the security
or integrity of any Westlinks Online systems, facilities or equipment;
f. Utilize the Services to gain unauthorized access to the computer networks
of Westlinks Online or any other person;
g. Utilize the Services to provide passwords or access codes to persons not
authorized to receive such materials by the operator of the system requiring
the password or access code;
h. Utilize the Services to (A) forge the signature or other identifying mark
or code of any other person, (B) impersonate or assume the identity or any
other person, or (C) engage in any other activity (including "spoofing") to
attempt to deceive or mislead other persons regarding the true identity of
the User (excluding the use of anonymous re-mailers or Internet nicknames);
i. Utilize the Services to distribute or post any virus, worm, Trojan horse,
or computer code intended to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services;
j. Utilize the Services to conduct port scans or other invasive procedures
against any server (except any server for which the User is an authorized
system administrator);
k. Utilize the Services to distribute, advertise or promote software or services
that have the primary purpose of encouraging or facilitating unsolicited commercial
e-mail or Spam;
l. Utilize the Services to solicit or collect, or distribute, advertise or
promote, e-mail address lists for the purpose of encouraging or facilitating
unsolicited commercial e-mail or Spam;
m. Utilize the Services in any manner that might subject Westlinks Online to unfavorable
regulatory action, subject Westlinks Online to any liability for any reason, or adversely
affect Westlinks Online's public image, reputation or goodwill, including, without
limitation, sending or distributing sexually explicit, hateful, vulgar, racially,
ethnically or otherwise objectionable materials as determined by Westlinks Online
in its sole discretion; or
n. Utilize the Services in any other manner to interrupt or interfere with
the Internet usage of other persons.
- Violations
a. Disclaimer. Westlinks Online expressly disclaims any obligation to monitor its
Customers and other Users with respect to violations of this AUP. Westlinks Online
has no liability or responsibility for the actions of any of its Customers
or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. Westlinks Online encourages Users to report
violations of this policy by e-mail to: abuse@westlinks.com, including in
any such report the name of the offending domain (for example, xyz.com) and
the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the
"subject" field of the e-mail.
c. Reporting Copyright Violations. Westlinks Online complies with the Digital Millennium
Copyright Act ("DMCA"). Westlinks Online encourages Users to report an alleged copyright
infringement involving a user by sending a notice that complies with the DMCA
which information is located under the Legal section of this website.
d. Remedies. If Westlinks Online learns of a violation of this AUP, Westlinks Online will
respond to the applicable Customer and may, in Westlinks Online's sole discretion,
take any of the following actions, in accordance with the severity and duration
of the violation:
Warning the Customer;
i. Suspending the offending Customer from the Services;
ii. Terminating the offending Customer from the Services;
iii. Imposing fees or charges on the offending Customer account in accordance
with the applicable service contract;
iv. Removing the offending content; and
v. Taking other action in accordance with this AUP, the applicable service
contract or applicable law.
- Reservation of Rights.
Westlinks Online reserves the right to cooperate with appropriate legal authorities
in investigations of claims of illegal activity involving Westlinks Online's Services,
Customers and other Users. Westlinks Online reserves all other rights to respond
to violations of this AUP to the extent of applicable law and in accordance
with any applicable contractual obligations. Westlinks Online may utilize technical
means to monitor communications into, and out of, its network facilities to
prevent the introduction of viruses or other hostile code, to prevent intrusions
and otherwise to enforce this AUP and each Customer agrees that Westlinks Online
is authorized to monitor its communications through Westlinks Online's network for
such purposes.
Revised: October 2004
|
