As a provider of web site hosting and other Internet-related services,
TOWDHOST offers its customer (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. TOWDHOST respects that
the Internet provides a forum for free and open discussion and dissemination
of information. However, when there are competing interests at issue,
TOWDHOST reserves the right to take certain preventive or corrective
actions. In order to protect these competing interests, TOWDHOST 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 using
TOWDHOST' services. This AUP will be revised from time to time.
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 it, 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 TOWDHOST cannot monitor, verify,
warrant or vouch for the accuracy and quality of the information they
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 may be sexually
explicit or otherwise offensive. Because TOWDHOST cannot monitor or censor
the Internet, and will not attempt to do so, TOWDHOST cannot accept any
responsibility for injury to its subscribers resulting from inaccurate,
unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep
in mind that TOWDHOST 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 created is carried over TOWDHOST' network and may reach a large
number of people, including both subscribers and non-subscribers of TOWDHOST,
subscribers' postings to the Internet may affect other subscribers and may
affect TOWDHOST' goodwill, business, reputation or operations. For these
reasons, subscribers violate TOWDHOST 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 information over the Internet. It
is not only harmful because of its negative impact on consumer attitudes
toward TOWDHOST, but also because it can overload TOWDHOST' network and
disrupt service to TOWDHOST' subscribers. Also, maintaining an open SMTP
relay is prohibited. When a complaint is received, TOWDHOST will investigate
and shutdown the account that is SPAMing. A $250 charge for violating this
policy will be charged to the person initiating the SPAM. Furthermore
TOWDHOST reserves the right to prosecute for this violation. A $1.00 charge
will be assessed PER EMAIL sent should TOWDHOST choose to pursue and
prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, TOWDHOST does not
allow any streaming of audio or video content. Offending accounts will be
suspended without noticed or terminated.
Adult-Oriented Content:
TOWDHOST does not allow adult content and will suspend/terminate any
offending account.
Large File Policy:
TOWDHOST is not for file hosting and distribution - as such, customers may
not host any files larger than 50MB in size that are observed to be
available for the sole purpose of download. Such files include but are not
limited to .ISO, audio/video files, .EXE files. If you are unsure whether
your file is against this policy, please contact our
Support Department.
Obscene Speech or Materials:
Using TOWDHOST' network to advertise, transmit, store, post, display, or
otherwise make available child pornography or obscene speech or material is
prohibited. TOWDHOST is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or being
transmitted through its network.
Defamatory or Abusive Language:
Using TOWDHOST' network as a means to transmit or post negative, 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 may 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.
Facilitation 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:
TOWDHOST 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, but not
limited to, 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 TOWDHOST determines
to be harmful to its subscribers, operations, reputation, goodwill or
customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. TOWDHOST will not, as an
ordinary practice, monitor the communications of its subscribers to ensure
that the comply with TOWDHOST' policy or applicable law. However, when
TOWDHOST becomes aware of harmful activities, it may take any action to stop
the harmful activity, including, but not limited to, removal of information,
shutting down a web site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or any other action
deemed appropriate by TOWDHOST.
TOWDHOST is also aware that many of its subscribers are themselves providers
of Internet services, and that information reaching TOWDHOST' facilities
from those subscribers may have originated from a customer of the subscriber
or from another third party. TOWDHOST does not require its subscribers who
offer Internet services to monitor or censor transmissions or web sites
created by customers of its subscribers. TOWDHOST reserves the right to
directly take action against a customer of its subscribers. Also, TOWDHOST
may take action against the TOWDHOST' subscriber because of activities of a
customer of the subscriber, even though the action may affect other
customers of the subscriber. Similarly, TOWDHOST anticipates that
subscribers who offer Internet services will cooperate with TOWDHOST in any
corrective or preventive action that TOWDHOST deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation of
TOWDHOST policy.
TOWDHOST will not intentionally monitor private electronic mail messages
sent or receive by its subscribers, unless required to do so by law,
governmental authority or when public safety is at stake. TOWDHOST may,
however, monitor its service electronically to determine that its facilities
are operating satisfactorily. Also, TOWDHOST 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. TOWDHOST assumes not 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,
TOWDHOST may disclose subscriber information or information transmitted over
its network where necessary to protect TOWDHOST and others from harm, or
where such disclosure is necessary to the proper operation of the system.
However, TOWDHOST will never sell information to other services or outside
companies.
TOWDHOST expects that its subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy of
online communications. A subscriber's failure to comply with those laws will
violate TOWDHOST policy. Finally, TOWDHOST wishes to emphasize that, in
signing the Service Agreement, subscribers indemnify TOWDHOST for any
violation of the Service Agreement, law or TOWDHOST policy resulting in loss
to TOWDHOST or the bringing of any claim against TOWDHOST by any third
party. This means that, if TOWDHOST is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will be responsible for
payment of any damages awarded against TOWDHOST, plus costs and reasonable
attorney's fees. We hope this AUP is helpful in clarifying the obligations
of Internet users, including TOWDHOST and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation of
this AUP should be sent to abuse@towdhost.
