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ACCEPTABLE USE PRIVACY & SECURITY |
Acceptable Internet Use I. Network Diversion's General Rules Regarding Acceptable Internet Use. The Network Diversions Rules Regarding Acceptable Internet Use (the "Rules") are designed to enhance the quality of our Web Hosting services and to protect our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. These Rules apply to all customers of Network Diversions, and their employees, agents, contractors, and/or other users, who obtain services from Network Diversions directly or through access to or use of the Internet. We hope and expect that common sense and good judgment will guide all of our customers' and users' Internet activities. Even with such Rules in effect, minors should be supervised when using the Internet. Adults and minors should be aware of what is on the Internet and to understand the concept of what is accepted and what should be avoided. II. Description of Unacceptable Internet Uses. The following Description of Unacceptable Internet Uses (the "Description") is not intended as a comprehensive list of all impermissible activities. The activities listed in this Description are violations of the Rules; however, an unlisted activity may also be a violation of the Rules if it is an illegal, irresponsible, or disruptive use of the Internet. A. Abuses of system and network resources Any activities which adversely affect the ability of other people or systems to use Network Diversions services or the Internet are prohibited. This includes, but is not limited to:
B. Improper Conduct Impersonation and Forgery. The practice of "spoofing" is prohibited. Spoofing is any attempt to impersonate any person or otherwise deceive or mislead through adding, removing, or modifying network headers or other identifying information. Our Rules also prohibit the deletion of author attributions, legal notices, or proprietary designations in an effort to deceive or mislead. The use of anonymous remailers or nicknames does not constitute impersonation. Defamation and Private Information. Our Rules prohibit the posting of defamatory, scandalous, or private information about an individual without his or her consent. Attempts, whether successful or unsuccessful, to gain access to any computer system or customer's data are also impermissible. Copyrights and other Protected Information. The violation of trademarks, copyrights, or other intellectual property rights is an unacceptable use of the Internet and is prohibited. Other Improper Conduct. The intentional infliction of emotional distress by use of Network Diversions services or the Internet is a violation of the Rules. Threats of bodily harm or destruction of property are always prohibited, whether such threat constitutes a crime or not. In addition, Network Diversions reserves the right to remove any material that it, in its sole discretion, considers to be obscene, lewd, filthy, excessively violent, harassing, or otherwise objectionable. C. Illegality Prohibited Subject Matters. Using the Internet or any Network Diversions services or products for the purpose of trafficking in obscene material, dealing drugs, or participating in any other activities dealing with subject matters that are prohibited under federal or state law is prohibited. Prohibited Conduct. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restrictions in connection with use of the Internet or Network Diversions services or products is prohibited. Using the Network Diversions system to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. Copyrights and other Protected Information. The unauthorized distribution or copying of copyrighted software is prohibited by these Rules. Any violation of trademarks, copyrights, or other intellectual property rights that constitutes a crime under federal or state law is strictly prohibited. D. Abuse of the Internet Spam: Spamming is defined as sending unsolicited advertisements to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing e-mail than a normal user. Spamming is strictly prohibited by these Rules. The Rules are not limited to the sending of spam from the web sites hosted by Network Diversions; rather, the Rules prohibit any purposeful use of spam tactics to generate web site contact or advertisement. This prohibition includes, but is not limited to, the purposeful or knowing use of web sites hosted by other ISPs (whether or not owned by the customer) to send spam that links the recipient to a web site hosted by Network Diversions. You will be held liable for a third party's actions unless we determine that you did not know, or did not have reason to know, that the spam contained a link to your web site. List Server: Network Diversion’s List Server may not be used to send unsolicited bulk E-mail, whether it be commercial or non-commercial. Unsolicited bulk E-mail is defined as E-mail sent to more than 50 individuals without their permission. Violation of our Acceptable Usage Policy damages the reputation of Network Diversions, Inc. and iMail List Server. We reserve the right to pursue legal action to enforce our Acceptable Use Policy. In addition, the violator's List Server account will be voided, without any refunds, resulting in our refusing services, including technical support and entitlement to upgrades. If you believe someone is violating our Acceptable Usage Policy we want to know about it! Please complete a List Server Abuse Report.
E-mail: Network Diversions prohibits activities by its customers and users that disrupt, disable, or impede e-mail communication, such as using non-existent e-mail return addresses on commercial solicitations, subscribing someone else to a mailing list without that person's permission, and sending unsolicited e-mail. In addition, the following e-mail practices are prohibited:
Other Abuses. Any attempt without authorization to enter into a secured computer system will violate the Rules. Additionally, knowingly or maliciously sending or uploading files or information that contain a virus, worm, "Trojan horse" or other contaminating or destructive data is prohibited. The use of Internet Relay Chat bots, or otherwise violating any accepted policies on Internet Relay Chat, is prohibited. III. Reporting Violations of the Rules to Network Diversions. Disclaimer of Responsibility. Network Diversions is under no duty to look at each customer's or user's activities to determine if a violation of the Rules has occurred, nor do we assume any responsibility through this policy to monitor or police Internet-related activities. Network Diversions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. Remedial Actions. If you are aware of a potential inappropriate use, please direct the information to abuse@networkdiversions.com. Our staff will carefully investigate potential violations before taking action. Depending upon the severity of the violation and the history of the account involved, Network Diversions may take any reasonable disciplinary action, including, but not limited to, one or more of the following actions:
In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements determined by Network Diversions. Copyright Infringement. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to:
Reservation of Rights. Network Diversions will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, posting, or e-mail containing threats of violence, or other illegal activity. We reserve the right to pursue any other remedies to which we may be entitled with regard to violations of the Rules, or as a result of any action taken by or on behalf of any customer and/or its employees, agents, contractors, and/or other users accessing our services. IV. Related Acceptable Internet Use Information. Usenet Netiquette:
User-level Filtering and Tools:
Anti-Spam Resources
Child Pornography and Exploitation
Government and Consumer Resources
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