Acceptable Use Policy

As an Internet service provider ("ISP"), we offer our subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our subscribers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Services Agreement"), is intended as a plain English guide to those rights and obligations.

The fundamental fact about the Internet is that no one --neither us, nor anyone else -- 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 we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may 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 is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our subscribers that results from inaccurate, unsuitable or offensive Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. 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 our facilities and may reach a large number of people, including both subscribers and nonsubscribers of ours, subscribers' postings to the Internet may affect other subscribers and may harm our goodwill, business reputation and operations. For these reasons, subscribers violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:

Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us as well as the sender, but also because it can overload our equipment and disrupt service to our other subscribers.

Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties. We do realize that the definition and enforcement of these laws vary widely from one geographical region to another. Because of this, we do not attempt at this point to define what indecent or obscene material is, except in the clear case of the transmission of child pornography and "hate crime"/terrorism related content.

Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Export Control Violations -- The law limits the ability of persons to export certain types of encryption software, over the Internet or otherwise, to certain points outside the United States.

Other Activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications we may take a variety of actions including immediate suspension or physical removal of the subscriber's account, website, server or other resources from the network in order to protect the rest of the Internet. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a subscriber's contract with us.

We also are aware that many of our subscribers are, themselves, providers of Internet services, and that information reaching our facilities from those subscribers may have been originated by customers of those subscribers or other third parties. We do not require our subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that subscribers who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our subscribers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our subscribers to assume that all of their on-line communications are insecure.

We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our subscribers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our subscribers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our subscribers from harm, or where such disclosure is necessary to the proper operation of the system.

We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, subscribers indemnify us for any violation of the subscriber of the Services Agreement, or of law or ServerRack.net policy, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our subscribers, as responsible members of the Internet.

Complaints about violators of our policies should be referred to abuse@serverrack.net. Each complaint will be fully investigated.

 

 

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