|As a provider of web site hosting, and other Internet-related
services, ET Web Hosting offers its clients, and their customers and users, the
means to disseminate a wealth of public, private, commercial, and noncommercial
information. ET Web Hosting respects that the Internet provides a forum for free
and open discussion and dissemination of information, however, when there are
competing interests at issue, ET Web Hosting reserves the right to take certain
preventative or corrective actions. In order to protect these competing interests,
ET Web Hosting 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
ET Web Hostings services. This AUP will be revised from time to time. A
customer's use of ET Web Hostings services after changes to the AUP are
posted on ET Web Hostings web site, http://www.etwebhosting.com, 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 to disseminate information to others.
is disseminated through the Internet, they also must keep in mind that ET Web
Hosting does not review, edit, censor, or take responsibility for any information
its clients 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
ET Web Hostings network and may reach a large number of people, including
both clients and non-clients of ET Web Hosting, clients' postings to the Internet
may affect other clients and may harm ET Web Hostings goodwill, business
reputation, and operations. For these reasons, clients violate ET Web Hosting
policy and the service agreement when they, their customers, affiliates, or subsidiaries
engage in the following prohibited activities:
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 ET Web Hosting, but also because it can overload ET
Web Hostings network and disrupt service to ET Web Hosting clients. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received, ET Web Hosting
has the discretion to determine from all of the evidence whether the e-mail recipients
were from an "opt-in" e-mail list.
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. ET Web Hosting is required by law
to remove or block access to customer content upon receipt of a proper notice
of copyright infringement. It is also ET Web Hostings policy to terminate
the privileges of customers who commit repeat violations of copyright laws.
Because the Internet is a global communication tool, and we
have clients from nearly every country in the world it is difficult to dictate
what is considered "adult material." However, it is not our function
to discriminate against those who choose to utilize adult content or adult related
material. This being said, there are still several reasons why ET Web Hosting
has created a no adult material policy.
ET Web Hosting consider "Adult Material?"
- Any site whose
revenue is gained in part or whole from its adult or adult related content.
videos or any web page content showing or inferring nudity on either men or women
for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks
to sites who violate any of the above policies.
- ET Web Hosting will be
the sole arbiter in determining what is and what is not "Adult Material".
does ET Web Hosting have this policy?
A virtual server is a shared environment
where many servers reside on each particular machine. Consider that an average
"adult site" gets more hits than 100 standard websites. Some of the
smaller adult sites get around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we allowed these high
traffic sites to also reside on our servers. On top of that, we would be forced
to raise our prices to pay for the additional bandwidth. We strive to keep our
servers fast and inexpensive, and our bandwidth clear; therefore, adult sites
are not an option. ET Web Hosting reserves the right to decide what it considers
"adult content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure of the approval
of your site before placing an order.
Using ET Web Hostings network as a means
to transmit or post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
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 might be used as
a precursor to an attempted system penetration (i.e. port scan, stealth scan,
or other information gathering activity).
Background daemons in general are prohibited on ET
Web Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX,
XiRCON, warez sites and any other program that interferes with normal server operation.
ET Web Hosting will be the sole arbitor of what consitutes a violation of the
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.
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.
encryption software over the Internet or otherwise, to points outside the United
States or Canada
Hosting reserves the right not to accept postings from newsgroups where we have
actual knowledge that the content of the newsgroup violates the AUP.
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 pirated software.
If your domain recieves more than 10,000 (ten thousand) emails
witihn a 24-hour period, we may take actions to protect the server your
account is located on from overload by null routing your mail for
48-72 hours on the first offense,
week for the second offense. If the mail flood continues, we may be forced
to discontinue hosting for your email, or discuss a special plan on a special
your email flow can be handled properly.
Engaging in activities,
whether lawful or unlawful, that ET Web Hosting determines to be harmful to its
clients, operations, reputation, goodwill, or customer relations. As we have pointed
out, the responsibility for avoiding the harmful activities just described rests
primarily with the client. ET Web Hosting will not, as an ordinary practice, monitor
the communications of its client to ensure that they comply with ET Web Hosting
policy or applicable law. When ET Web Hosting 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, denying access to the Internet,
or take any other action it deems appropriate. ET Web Hosting 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, ET Web Hosting urges its clients
to assume that all of their on-line communications are insecure. ET Web Hosting
cannot take any responsibility for the security of information transmitted over
ET Web Hostings facilities. ET Web Hosting will not intentionally monitor
private electronic mail messages sent or received by its clients unless required
to do so by law, governmental authority, or when public safety is at stake. ET
Web Hosting may, however, monitor its service electronically to determine that
its facilities are operating satisfactorily. Also, ET Web Hosting may disclose
information, including but not limited to, information concerning a client, 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. ET Web Hosting assumes no obligation to inform the client
that client information has been provided and in some cases may be prohibited
by law from giving such notice. Finally, ET Web Hosting may disclose client information
or information transmitted over its network where necessary to protect ET Web
Hosting and others from harm, or where such disclosure is necessary to the proper
operation of the system.
We hope this AUP is helpful in clarifying the
obligations of Internet users, including ET Web Hosting and its clients, as responsible
members of the Internet. Any complaints about a client's violation of this AUP
should be sent to customer support.