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As a provider of web site hosting and other Internet-related services, DataWagon LLC offers its customer (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. DataWagon LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, DataWagon LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, DataWagon LLC 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 using DataWagon LLC services. This AUP will be revised from time to time. A customer’s use of DataWagon LLC services after changes to the AUP are posted on DataWagon LLC web site, www.datawagon.net, will constitute the customer’s acceptance of any new or additional terms of the AUP resulting 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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through they Internet, they must keep in mind that DataWagon LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they 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 may be sexually explicit or otherwise offensive. Because DataWagon LLC cannot monitor or censor the Internet, and will not attempt to do so, DataWagon LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that DataWagon LLC 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 created is carried over DataWagon LLC network and may reach a large number of people, including both subscribers and non-subscribers of DataWagon LLC, subscribers’ postings to the Internet may affect other subscribers and may affect DataWagon LLC goodwill, business, reputation or operations. For these reasons, subscribers violate DataWagon LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial information over the Internet (also known as SPAM). It is not only harmful because of its negative impact on consumer attitudes toward DataWagon LLC, but also because it can overload DataWagon LLC’s network and disrupt service to DataWagon LLC’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, DataWagon LLC will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Futhermore DataWagon LLC reserves the right to prosecute for this violation. A $5.00 charge will be assessed PER EMAIL complaint received.
Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity or other personal rights of others. DataWagon LLC is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also DataWagon LLC’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using DataWagon LLC’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. DataWagon LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language: Using DataWagon LLC’s network as a means to transmit or post negative, 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”). Also, any activity that may 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.
Facilitation 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 piracy of software.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups: DataWagon LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
CamFrog Servers: DataWagon LLC does not allow any form of the CamFrog software on their network.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities: Engaging in activities, whether lawful or unlawful, that DataWagon LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. DataWagon LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with DataWagon LLC’s policy or applicable law. However, when DataWagon LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening or firewall software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by DataWagon LLC
DataWagon LLC is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching DataWagon LLC’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. DataWagon LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DataWagon LLC reserves the right to directly take action against a customer of its subscribers. Also, DataWagon LLC may take action against the DataWagon LLC’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, DataWagon LLC anticipates that subscribers who offer Internet services will cooperate with DataWagon LLC in any corrective or preventive action that DataWagon LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DataWagon LLC policy.
DataWagon LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. DataWagon LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, DataWagon LLC 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. DataWagon LLC assumes not 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, DataWagon LLC may disclose subscriber information or information transmitted over its network where necessary to protect DataWagon LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, DataWagon LLC will never sell information to other services or outside companies.
DataWagon LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate DataWagon LLC policy. Finally, DataWagon LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify DataWagon LLC for any violation of the Service Agreement, law or DataWagon LLC policy resulting in loss to DataWagon LLC or the bringing of any claim against DataWagon LLC by any third party. This means that, if DataWagon LLC is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against DataWagon LLC, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including DataWagon LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.
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