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Acceptable
Usage Policy (AUP) |
- General Information.
As a provider of web site hosting, and other
Internet-related services, Santa Clarita Valley Web
Hosting offers its customers, the means to acquire and
disseminate a wealth of public, private, commercial, and
non-commercial information. Santa Clarita Valley Web
Hosting respects that the Internet provides a forum for
free and open discussion and dissemination of
information, however, when there are competing interests
at issue, Santa Clarita Valley Web Hosting reserves the
right to take certain preventative or corrective actions
as they comply with all regulated legalities. In order
to protect these competing interests, Santa Clarita
Valley Web Hosting 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 Santa Clarita Valley Web
Hosting's services. This AUP will be revised from time
to time. A customer's use of Santa Clarita Valley Web
Hosting's services after changes to the AUP are posted
on Santa Clarita Valley Web Hosting's web site, HTTP://WWW.Santa
Clarita Valley Web Hosting.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 Santa Clarita Valley Web
Hosting 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 Santa Clarita Valley Web
Hosting cannot monitor or censor the Internet, and will
not attempt to do so, Santa Clarita Valley Web Hosting
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 Santa Clarita Valley Web Hosting 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 Santa Clarita Valley Web Hosting's network
and may reach a large number of people, including but
not limited to customers, subscribers and
non-subscribers of Santa Clarita Valley Web Hosting,
customers' and subscribers' postings to the Internet may
affect other customers and subscribers and may harm
Santa Clarita Valley Web Hosting's goodwill, business
reputation, and operations. For these reasons, customers
and subscribers violate Santa Clarita Valley Web Hosting
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 Santa Clarita Valley Web
Hosting'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 Santa Clarita
Valley Web Hosting (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 Santa
Clarita Valley Web Hosting, but also because it can
overload Santa Clarita Valley Web Hosting's network and
disrupt service to its Customers subscribers. Also,
maintaining an open SMTP relay is prohibited. When a
complaint is received, Santa Clarita Valley Web Hosting
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 Santa Clarita Valley Web Hosting or
other network hosts or Internet users or to otherwise
degrade or impair the operation of Santa Clarita Valley
Web Hosting'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 Santa Clarita Valley Web Hosting's servers;
e. Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any Santa
Clarita Valley Web Hosting systems, facilities or
equipment;
f. Utilize the Services to gain unauthorized access to
the computer networks of Santa Clarita Valley Web
Hosting 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
Santa Clarita Valley Web Hosting to unfavorable
regulatory action, subject Santa Clarita Valley Web
Hosting to any liability for any reason, or adversely
affect Santa Clarita Valley Web Hosting'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 Santa Clarita Valley Web
Hosting 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. Santa Clarita Valley Web Hosting
expressly disclaims any obligation to monitor its
Customers and other Users with respect to violations of
this AUP. Santa Clarita Valley Web Hosting 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. Santa Clarita
Valley Web Hosting encourages Users to report violations
of this policy by e-mail to: ABUSE@Santa Clarita Valley
Web Hosting.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. Santa Clarita Valley
Web Hosting complies with the Digital Millennium
Copyright Act ("DMCA"). Santa Clarita Valley Web Hosting
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 Santa Clarita Valley Web Hosting learns
of a violation of this AUP, Santa Clarita Valley Web
Hosting will respond to the applicable Customer and may,
in Santa Clarita Valley Web Hosting'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.
Santa Clarita Valley Web Hosting reserves the right to
cooperate with appropriate legal authorities in
investigations of claims of illegal activity involving
Santa Clarita Valley Web Hosting's Services, Customers
and other Users. Santa Clarita Valley Web Hosting
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.
Santa Clarita Valley Web Hosting 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 Santa Clarita Valley Web Hosting is authorized to
monitor its communications through Santa Clarita Valley
Web Hosting's network for such purposes.
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