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1. Scope This Service Usage Policy (this “Policy”)
governs the usage of our Company’s web hosting and e-mail
products and services (the “Services”). This Policy
is incorporated by reference into each contract our Company
enters into with a customer (each, a “Customer”)
for the use of such Services. Our Company may modify this Policy
at any time without notice.
2. Purpose. The purpose of this Policy is to
enhance the quality of the Services and to protect our Company’s
customers, our network providers and the Internet community
as a whole, from illegal, irresponsible, or disruptive Internet
activities. This Policy applies to each Customer and its employees,
agents, contractors or other users of such Customer who obtain
Services from Interland (each such person being a “User”).
Each User should use common sense and good judgment in connection
with the Services. Parents or guardians should always supervise
minors in using the
Internet. Parents and guardians should remain aware at all times
of what is on the
Internet and how the minors under their care are using the Services
and the Internet.
3. Prohibited Uses. Users may not:
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(a) Utilize the Services
to send mass unsolicited e-mail to third parties.
(b) Utilize the Services in connection
with any illegal activity. Without limiting the general
application of this rule, Users may not:
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i) Utilize the Services
to copy material from third parties (including
text, graphics, music, videos or other copyrightable
material) without proper authorization;
ii) Utilize the Services to
misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights
of any third party;
iii) Utilize the Services to
traffic in illegal drugs, illegal gambling,
obscene materials or any products or services
that are prohibited under applicable law;
iv) Utilize the Services to
export encryption software to points outside
the United States in violation of applicable
export control laws; or
v) Utilize the Services in any
manner that violates applicable law.
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(c) Utilize the Services in connection
with any tortious or actionable activity. Without limiting
the general application of this rule, Users may not:
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i) Utilize the Services
to publish or disseminate information that (A)
constitutes
slander, libel or defamation, (B) publicizes the personal
information or
likeness of a person without that person’s consent
or (C) otherwise violates
the privacy rights of any person.
ii) Utilize the Services to
threaten persons with bodily harm, to make
harassing
or abusive statements or messages, or to solicit the
performance of acts or
services that are illegal under applicable law.
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(d) Utilize the Services in connection
with any other disruptive or abusive
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i) Utilize the Services
to cause denial of service attacks against our
Company,
our network providers or other network hosts or Internet
users or to otherwise
activity. Without limiting the general application of
this rule, Users may not:
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4. Violations
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(a) Disclaimer. Our Company
expressly disclaims any obligation to monitor its
Customers and other Users with respect to violations of this
Policy. Our
Company has no liability or responsibility for the actions
of any of its Customers
or other Users or any content any User may post on any website.
(b) Reporting Non-Copyright Violations.
Our Company encourages Users to
report violations of this policy to us through such abuse mailbox
or address as we
may provide, including in any such report the name of the offending
domain (for
example, xyz.com) and the type of abuse (for example, spam,
illegal acts,
harassment, etc.) in the “subject” field of the
email.
(c) Reporting Copyright Violations.
Our Company complies with the Digital
Millennium Copyright Act (“DMCA”). Users may report
an alleged copyright
infringement involving a user by sending a notice that complies
with the DMCA to
our registered agent for DMCA notices. You may find the address
for our DMCA
agent through the U.S. Copyright office at the Library of Congress
at:
http://www.copyright.gov/onlinesp/list/index.html.
(d) Remedies. If our Company learns
of a violation of this Policy, we will respond to
the applicable Customer and may, in our sole discretion, take
any of the
following actions, in accordance with the severity and duration
of the violation:
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i) Warning the Customer;
ii) Suspending the offending
Customer from the Services;
iii) Terminating the offending
Customer from the Services;
iv) Imposing fees or charges
on the offending Customer account in
accordance with the applicable service contract;
v) Removing the offending content;
and
vi) Taking other action in accordance
with this Policy, the applicable service
contract or applicable law.
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For purposes of clarification, in connection
with any allegation that any Customer
may have engaged in or used the Services in connection with any illegal
activity, we
may rely conclusively on a written statement, on letterhead, of a
U.S. law
enforcement agency and, in such event, will not be obligated to the
Customer to
inquire into the factual underpinnings of such statement or the legal
reasoning of
such law enforcement agency.
5. Reservation of Rights. Our Company reserves
the right to cooperate with
appropriate legal authorities in investigations of claims of illegal
activity involving the
Services, our Customers and other Users. Our company reserves all
other rights to
respond to violations of this Policy to the extent of applicable
law and in accordance
with any applicable contractual obligations.Our dedicated hosting
services are designed for customers with complex requirements and
high traffic volumes. Websites on dedicated servers typically have
database-driven content that requires multiple applications and database
servers to operate.
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