HostWerks | Acceptable Use Policy

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Acceptable Use Policy ("AUP")
Updated 09-18-03

This AUP is intended to help protect our Customers and the Internet community from the inappropriate use of the Internet. Customer's use of Hostwerks.com service constitutes acceptance of this AUP. Hostwerks.com reserves the right to revise and update this AUP from time to time. The Customer is responsible for keeping itself informed of the current AUP in effect, including any revisions or updates, and for abiding by the terms of this AUP. For the most current version please go to http://www.hostwerks.com/aup.shtml

Hostwerks.com services may only be used for lawful purposes, and Customer shall bear the burden of establishing that such use complies with all applicable laws. The Customer is responsible for all use of the account, with or without the knowledge or consent of the Customer.

Hostwerks.com reserves the right, at its sole discretion, with or without notice, to remove or refuse to post material that violates this AUP or to suspend or terminate service provided to any Customer if the Customer or any end-user using Customer's services or facilities, directly or indirectly:

Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that Customer or end-user accesses;

Sends, or facilitates the sending of, unsolicited bulk mail messages ("email spam") to any person or system in a way that could be expected to adversely impact Hostwerks.com's network or facilities; or sends mail-bombs (masses of e-mail or other data) to any person or system, propagates or replies to mail-bombs, or uses a Hostwerks.com website address or hosted web account to collect responses from unsolicited commercial e-mail;

Uses services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, or other destructive activities;

Uses the services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;

Violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);

Publishes or communicates material that is obscene, defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

Uses services to attempt to break security, or in fact, breaks security of any computer network, or to access an account without authorization;

Forges removes or modifies identifying network header information ("spoofing"), or employs any other methods in connection with the transmission of e-mail used to disguise or mislead any user name or the source or quantity of transmissions; except when using deliberately misleading headers in newsgroups to avoid spam e-mail address collectors.

Relays e-mail through any third-party systems without authority;

Uses services to conduct any other activities which Hostwerks.com determines are injurious to its Customers, operations, or reputation;

Provides false information on a Hostwerks.com service application, contract or on-line application, including, but not limited to, the fradulent credit card information;

Attempts to or resells Hostwerks.com service without Hostwerks.com's express authorization; or

Uses bandwidth or disk space in excess of limits permitted in account descriptions.

3. Customer must immediately notify Hostwerks.com of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer. Customer is responsible for ensuring that its network is configured in a secure manner. Customer may not, through action or inaction, allow others to use its network for illegal or inappropriate activities. Hostwerks.com takes no responsibility for the security of the communications transmitted over Hostwerks.com facilities.

4. Hostwerks.com does not, and does not hereby assume any responsibility to, review or edit materials which Customers or its end-users publish or post on Hostwerks.com's facilities or the Internet, and is not responsible for such content, posting or activity. Hostwerks.com is not responsible for the content of any other websites linked to Hostwerks.com's or Customer's services.

5. Hostwerks.com cooperates fully with federal and state enforcement officials. Hostwerks.com respects Customer privacy rights and will not intentionally disclose Customer's online communications or activities except to comply with court orders, subpoenas, statutes, regulations, or governmental requests; in order to protect Hostwerks.com or its Customers from harm; or where necessary for the operation of the system. Hostwerks.com may occasionally and randomly monitor online communications only for mechanical or quality control checks.

6. Hostwerks.com may, in its sole discretion, remove or disable Customer materials or terminate services to Customer with or without notice to Customer, if Customer's materials, postings or links allegedly infringe trademark, copyright or other intellectual property rights of third parties. Hostwerks.com is not responsible for determining if the allegations of infringement are valid. In addition, Hostwerks.com may terminate services to Customer, if Customer violates this provision.

7. Hostwerks.com, in its sole discretion, will determine on a case-by-case basis what action will be taken in response to a violation of this AUP. Hostwerks.com reserves the right to investigate suspected or alleged violations of this AUP, including gathering information from Customer, its end-user the complaining party, and examining of material on Hostwerks.com's servers. Nothing contained in this policy shall be construed to limit Hostwerks.com's actions or remedies in any manner. Hostwerks.com reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Hostwerks.com service and levying cancellation charges to cover Hostwerks.com costs in the event of termination for the causes outlined above. Hostwerks.com reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

8. Hostwerks.com shall not be liable for any damages of any nature suffered by any Customer or any third party resulting in whole or in part from Hostwerks.com's exercise of its rights under theses policies. By using Hostwerks.com services, Customer agrees to waive and hold harmless Hostwerks.com from any claims relating to any action taken by Hostwerks.com including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to all violations described in this AUP.

9. Violations of this policy shall be reported by phone to Hostwerks.com at 815-222-5466.

10. Hostwerks.com reserves the right to amend, alter, or modify this AUP at any time in its sole and absolute discretion. Any amendment or modification is effective when posted and any use of the Hostwerks.com services after the posting of a modification or amendment will be considered acceptance of those modifications.