| Netwisp's
Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear
understanding of what Netwisp expects of them while
using the service. All users of Netwisp's web hosting:
those who access some of our services but do not
have accounts, as well as those who pay a service
fee to subscribe to the Services, must comply with
this AUP and our TOS (Terms of Service).
Use of Netwisp Service constitutes acceptance and
agreement to Netwisp's AUP as well as Netwisp's TOS (Terms
of Service)
IMPORTANT NOTICE: *All payments To Netwisp are non-refundable
past the 30-day moneyback guarantee period*
We support the uncensored flow of information
and ideas over the Internet and do not actively
monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control
over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible
over or through the services, except for certain
proprietary web sites. However, in accordance with
our TOS (Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this
AUP. Netwisp may cooperate with legal authorities
and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension
or immediate termination of either your Netwisp account
or other actions as detailed in Section 3 WITHOUT
PRIOR NOTICE.
This document is intended to provide a basic understand
of Netwisp's Acceptable Use Policy. The following
are guidelines for the establishment and enforcement
of Netwisp's AUP:
*Ensure reliable service to our customers
*Ensure security and privacy of our systems and
network, as well as the networks and systems of
others
*Comply with existing laws
*Maintain our reputation as a responsible service
provider
*Encourage responsible use of the Internet and
discourage activities which reduce the usability
and value of Internet services
*Preserve the value of Internet resources as a
conduit for free expression and exchange of information
*Preserve the privacy and security of individual
users
Netwisp intends to provide its customers access to
everything the Internet has to offer. While the
Netwisp is firmly committed to the principles of free
speech, certain activities that may be damaging
to the resources of both the Netwisp and the Internet
and cannot be permitted under the guise of free
speech. The resources of the Netwisp and the Internet
are limited, and abuse of these resources by one
user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and
the preparation of billing records. However, in
our efforts to promote good citizenship within
the Internet community, we will respond appropriately
if we become aware of inappropriate use of our
service.
You may not use your dedicated rack or virtual
site to publish material, which Netwisp determines,
at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative
descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
If a Netwisp account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to
terminate your service without notice. We prefer
to advise customers of inappropriate behavior and
any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy will result
in immediate termination of service. Our failure
to enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do
so at any time.
As a member of our network community, you must
use your Internet access responsibly. If you have
any questions regarding this policy, please contact
us at abuse@netwisp.com.
VIOLATIONS OF NETWISP ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal
use: Netwisp's services may not be used for
illegal purposes, or in support of illegal activities.
Netwisp reserves the right to cooperate with legal
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
- Harm
to minors: Use of the Netwisp service to
harm, or attempt to harm, minors in any
way, including,
but not limited to child pornography.
- Threats: Use of the Netwisp service to transmit
any material (by e-mail, uploading, posting
or otherwise)
that threatens or encourages bodily harm or
destruction of property.
- Harassment: Use of the Netwisp service to transmit
any material (by e-mail, uploading, posting
or otherwise) that harasses another.
- Fraudulent
activity: Use of Netwisp service
to make fraudulent offers to sell or buy
products,
items,
or services, or to advance any type of
financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
- Forgery
or impersonation: Adding, removing
or modifying identifying network header
information in an effort
to deceive or mislead is prohibited.
Attempting to impersonate any person by
using forged
headers or other identifying infrmation
is prohibited.
The use of anonymous remailers or nicknames
does
not constitute impersonation.
- Unsolicited
commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the Netwisp
service to transmit
any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited.
Violations of this type will result
in the immediate
termination
of
the offending Netwisp account.
- System
Resources. No site is allowed
to utilize more than 5% of CPU resources.
Failure to
comply to a warning email we will
be forced
to suspend/terminate
your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites
or services on their account that support spammers
or cause any of our IP space to be listed in
any of the various Spam Databases will have
their account
immediately removed from our network. The account
will not be reconnected until such time that
you agree to remove ANY and ALL traces of the
offending
material immediately upon reconnection and agree
to allow us access to the account to confirm
that all material has been COMPLETELY removed.
Severe
violations may result in immediate and permanent
removal of the account from our network without
notice to the customer. Any account guilty of
a second violation WILL be immediately and
permanently
removed from our network without notice.
- E-mail
/ News Bombing: Malicious intent to impede
another person's use of electronic mail services
or news will result in the immediate termination
of the offending Netwisp account.
- E-mail
/ Message Forging: Forging any message
header, in part or whole, of any electronic
transmission,
originating or passing through the Netwisp service
is in violation of this AUP.
- Usenet
SPAMing: Netwisp has a zero tolerance policy
for the use of its network for the posting
of messages or commercial advertisements,
which
violate the
rules, regulations, FAQ or charter of any newsgroups
or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup
or mailing list
or that are solicited by the recipients are
permitted.
- Unauthorized
access: Use of the Netwisp service
to access, or to attempt to access, the accounts
of
others, or to penetrate, or attempt to penetrate,
security measures of Netwisp's or another entity's
computer software or hardware, electronic
communications system, or telecommunications
system, whether
or not the intrusion results in the corruption
or
loss of data, is expressly prohibited and
the offending Netwisp account is subject to
immediate
termination.
- Copyright
or trademark infringement: Use
of the Netwisp service to transmit any material
(by
e-mail,
uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade
secret or other proprietary rights of any
third
party, including, but not limited to, the
unauthorized
copying of copyrighted material, the digitization
and distribution of photographs from magazines,
books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted
software.
- Collection
of personal data: Use of the
Netwisp service to collect, or attempt to
collect,
personal information
about third parties without their knowledge
or consent.
- Network
disruptions and unfriendly activity:
Use of the Netwisp service for any activity
which affects
the ability of other people or systems
to use Netwisp Services or the Internet.
This includes "denial
of service" (DOS) attacks against another
network host or individual user. Interference with
or disruption of other network users, services
or equipment is prohibited. It is the Member's
responsibility to ensure that their network is
configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to
use their network for illegal or inappropriate
actions. A Subscriber may not permit their network,
through action or inaction, to be configured in
such a way that gives a third party the capability
to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another
company and/or individual's computer system will
result in immediate account termination. Netwisp will
not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures
of other systems, whether or not the intrusion
results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation
or misleading statement, writing
or activity made
with the intent that the person receiving
it will act upon it.
- Infringement
of Copyright, Patent, Trademark, Trade
Secret, or Intellectual
Property
Right: Distribution
and/or posting of copyrighted or
the aforementioned infringements
will not
be tolerated.
- Distribution
of Viruses: Intentional
distributions of software that
attempts to and/or causes
damage, harassment, or annoyance
to persons, data, and/or
computer systems are prohibited.
Such an offense will result in
the immediate
termination
of
the offending account.
- Inappropriate
Use of Software:
Use of software or any device
that would
facilitate
a continued
connection, i.e. pinging, while
using Netwisp services could result
in suspension
service.
- Third
Party Accountability:
Netwisp subscribers will be
held responsible
and accountable
for any activity
by third parties, using their
account, that violates guidelines
created
within the Acceptable
Use
Policy.
- IRC
networks: It is absolutely
forbidden to host an IRC
server that is part
of or connected
to
another IRC network or
server. Servers found to be connecting
to or part of these networks
will be immediately removed
from our
network without notice.
The server will not be
reconnected to the network
until such
time that you agree to
completely remove
any and all traces of the
irc server, and agree
to let
us have access to your
server to confirm that the content
has been
completely
removed. Any
server
guilty of a second violation
will result in immediate
account termination.
- Download
Repository. You
are not allowed to run
a download
repository
(i.e.
download.com, tucows.com)
Failure to comply will
force us to terminate/suspend
your
account.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed
by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others
do not gain unauthorized access to your account.
In addition, you may not use your account to breach
security of another account or attempt to gain
unauthorized access to another network or server.
- Your password provides access to your account.
It is your responsibility to keep your password
secure.
- Sharing your password and account access with
unauthorized users is prohibited. You should
take care to prevent
others from using your account since you will
be held responsible for such use.
- Attempting to obtain another user's account
password is strictly prohibited, and may
result in termination
of service.
- You must adopt adequate security measures
to prevent or minimize unauthorized
use of your
account.
- You may not attempt to circumvent user authentication
or security of any host, network or account.
This includes, but is not limited to, accessing
data
not intended for you, logging into or making
use of a server or account you are not expressly
authorized
to access, or probing the security of other
networks. Use or distribution of tools designed
for compromising
security is prohibited. Examples of these
tools include, but are not limited to,
password guessing
programs, cracking tools or network probing
tools.
- You may not attempt to interfere with service
to any user, host or network ("denial of service
attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a
host.
- Users who violate systems or network security
may incur criminal or civil liability.
Netwisp will cooperate
fully with investigations of violations
of systems or network security at other
sites,
including
cooperating with law enforcement authorities
in the investigation
of suspected criminal violations.
Server and Network Performance
Netwisp web hosting accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a
negative impact on all other customers. Misuse of shared resources in a manner which impairs web hosting performance is prohibited by this
policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the performances of Netwisp systems or networks. Netwisp reserves the
right to terminate or limit such activities.
REPORTING VIOLATIONS OF NETWISP'S AUP
Netwisp requests that anyone who believes that there
is a violation of this AUP direct the information
to the Abuse Department at abuse@netwisp.com.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation,
including the time zone or offset from
GMT
- Evidence of the alleged violation
E-mail with full header information provides
all of the above, as do system log files.
Other situations
will require different methods of providing the
above information. Netwisp may take any one or more
of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or
reactivation charges
- Bring legal action to enjoin violations
and/or to collect damages, if any, cause
by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Netwisp reserves the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our
other policies and agreements at any time and
in any manner. Notice of any revision, amendment,
or modification will be posted in accordance
with our TOS (Terms of Service).
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