Acceptable Use Policy or "AUP"
As a provider of web site hosting, and other Internet-related services, Decklin's
Domain WebHosting offers its customers (also known as subscribers), and their customers
and users, the means to acquire and disseminate a wealth of public, private, commercial,
and non-commercial information. Decklin's Domain WebHosting respects that the Internet
provides a forum for free and open discussion and dissemination of information, however,
when there are competing interests at issue, Decklin's Domain WebHosting reserves the
right to take certain preventative or corrective actions. In order to protect these
competing interests, Decklin's Domain WebHosting has developed an Acceptable Use Policy
("AUP"), which supplements and explains certain terms of each customer's respective
service agreement and is intended as a guide to the customer's rights and obligations when
utilizing Decklin's Domain WebHosting's services. This AUP will be revised from time to
time. A customer's use of Decklin's Domain WebHosting's services after changes to the AUP
are posted on Decklin's Domain WebHosting's web site, http://decklinsdomain.net , will
constitute the customer's acceptance of any new or additional terms of the AUP that result
from those changes.
One important aspect of the Internet is that no one party 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 Decklin's Domain WebHosting
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 Decklin's Domain WebHosting cannot monitor or censor the Internet, and
will not attempt to do so, Decklin's Domain WebHosting cannot accept any responsibility
for injury to its subscribers that results from inaccurate, unsuitable, offensive, or
illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind
that Decklin's Domain WebHosting does not review, edit, censor, or take responsibility for
any information its subscribers may create. 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 Decklin's
Domain WebHosting's network and may reach a large number of people, including both
subscribers and nonsubscribers of Decklin's Domain WebHosting, subscribers' postings to
the Internet may affect other subscribers and may harm Decklin's Domain WebHosting's
goodwill, business reputation, and operations. For these reasons, subscribers violate
Decklin's Domain WebHosting policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited activities:
Abuse -- Network abuse, as defined on Decklin's Domain WebHosting's abuse department page,
is prohibited.
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known
as "spamming"). It is not only harmful because of its negative impact on consumer
attitudes toward Decklin's Domain WebHosting, but also because it can overload Decklin's
Domain WebHosting's network and disrupt service to Decklin's Domain WebHosting
subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is
received, Decklin's Domain WebHosting has the discretion to determine from all of the
evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or
misappropriates the intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, and patents held by individuals, corporations,
or other entities. Also, engaging in activity that violates privacy, publicity, or other
personal rights of others. Decklin's Domain WebHosting is required by law to remove or
block access to customer content upon receipt of a proper notice of copyright
infringement. It is also Decklin's Domain WebHosting's policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Decklin's Domain WebHosting's network to advertise,
transmit, store, post, display, or otherwise make available child pornography or obscene
speech or material. Decklin's Domain WebHosting is required by law to notify law
enforcement agencies when it becomes aware of the presence of child pornography on or
being transmitted through Decklin's Domain WebHosting's network.
Defamatory or Abusive Language -- Using Decklin's Domain WebHosting's network as a means
to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in
part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or
without authorization computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's system (often known as
"hacking" or "cracking"). Also, any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth scan, or other information gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities --
Distributing information regarding the creation of and sending Internet viruses, worms,
Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also,
activities that disrupt the use of or interfere with the ability of others to effectively
use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making
available any software, program, product, or service that is designed to violate this AUP,
which includes the facilitation of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and copyright infringement.
Usenet Groups -- Decklin's Domain WebHosting reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content of the newsgroup violates
the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and copyright infringement.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Decklin's
Domain WebHosting determines to be harmful to its subscribers, operations, reputation,
goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just
described rests primarily with the subscriber. Decklin's Domain WebHosting will not, as an
ordinary practice, monitor the communications of its subscribers to ensure that they
comply with Decklin's Domain WebHosting policy or applicable law. When Decklin's Domain
WebHosting becomes aware of harmful activities, however, it may take any action to stop
the harmful activity, including but not limited to, removing information, shutting down a
web site, implementing screening software designed to block offending transmissions, or
take any other action it deems appropriate.
Decklin's Domain WebHosting also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching Decklin's Domain
WebHosting's facilities from those subscribers may have originated from a customer of the
subscriber or from another third-party. Decklin's Domain WebHosting does not require its
subscribers who offer Internet services to monitor or censor transmissions or web sites
created by customers of its subscribers. Decklin's Domain WebHosting has the right to
directly take action against a customer of a subscriber. Also, Decklin's Domain WebHosting
may take action against the Decklin's Domain WebHosting subscriber because of activities
of a customer of the subscriber, even though the action may effect other customers of the
subscriber. Similarly, Decklin's Domain WebHosting anticipates that subscribers who offer
Internet services will cooperate with Decklin's Domain WebHosting in any corrective or
preventive action that Decklin's Domain WebHosting deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation of Decklin's Domain WebHosting
policy.
Decklin's Domain WebHosting also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure than other means
of communication, including mail, facsimile, and voice telephone service, all of which can
be intercepted and otherwise compromised. As a matter of prudence, however, Decklin's
Domain WebHosting urges its subscribers to assume that all of their on-line communications
are insecure. Decklin's Domain WebHosting cannot take any responsibility for the security
of information transmitted over Decklin's Domain WebHosting's facilities.
Decklin's Domain WebHosting will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required to do so by law, governmental
authority, or when public safety is at stake. Decklin's Domain WebHosting may, however,
monitor its service electronically to determine that its facilities are operating
satisfactorily. Also, Decklin's Domain WebHosting may disclose information, including but
not limited to, information concerning a subscriber, a transmission made using our
network, or a web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation, or governmental request. Decklin's Domain
WebHosting assumes no obligation to inform the subscriber that subscriber information has
been provided and in some cases may be prohibited by law from giving such notice. Finally,
Decklin's Domain WebHosting may disclose subscriber information or information transmitted
over its network where necessary to protect Decklin's Domain WebHosting and others from
harm, or where such disclosure is necessary to the proper operation of the system.
Decklin's Domain WebHosting retains the right to monitor bandwidth and disk space usage.
In the event a user has exceeded his/her bandwidth quota (2 to10 GB/month
depending on program), or exceeds his/her disk space quota applicable to the clients selected package, the owner of the account will be charged accordingly
... ($0.007/MB for Bandwidth; $0.20/MB for Disk Space). These charges do apply during
initial setup if the selected package limits are exceeded.
Decklin's Domain WebHosting requires all cancellations to be made in the form of a written
request (paper or electronic) to our accounts department. In order to protect businesses
against identity theft, Decklin's Domain WebHosting requires all cancellation requests to
be confirmed before the account will be officially terminated. Upon initial cancellation
request (available via PayPal), the Decklin's Domain WebHosting accounts department will reply with a request to
confirm.
Decklin's Domain WebHosting expects that its 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 Decklin's
Domain WebHosting policy. Finally, Decklin's Domain WebHosting wishes to emphasize that in
signing with any Decklin's Domain WebHosting service, subscribers indemnify Decklin's
Domain WebHosting for any violation of the service agreement, law, or Decklin's Domain
WebHosting policy, that results in loss to Decklin's Domain WebHosting or the bringing of
any claim against Decklin's Domain WebHosting by any third-party. This means that if
Decklin's Domain WebHosting is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against Decklin's
Domain WebHosting, plus costs and reasonable attorneys' fees. Reselling of web space
provided by Decklin's Domain WebHosting is prohibited.
We hope this AUP is helpful in clarifying the obligations of Internet users, including
Decklin's Domain WebHosting and its subscribers, as responsible members of the Internet.
Any complaints about a subscriber's violation of this AUP should be sent to
abuse@decklinsdomain.net .
2003/June/18