Infuseweb Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, Infuseweb 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. Infuseweb respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Infuseweb reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Infuseweb 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 Infuseweb’s services. All of Infuseweb’s subscribers shall abide by and are subject to the terms and conditions of this AUP. This AUP may be revised from time to time. A customer’s use of Infuseweb’s services after changes to the AUP are posted on Infuseweb’s web site, www.Infuseweb.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, 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 Infuseweb cannot and will not monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire or disseminate. 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 Infuseweb cannot monitor or censor the Internet, and will not attempt to do so, Infuseweb cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
Except for instances when Infuseweb receives a notice of copyright violation, Infuseweb does not review, edit, censor any information its subscribers may create or disseminate via the Internet. In all cases, Infuseweb does not and shall not be deemed to take responsibility for any information its subscribers may create. When subscribers place information on the Internet, they have the same liability as other authors for copyright infringement, trademark infringement, violations of other intellectual property rights, defamation, and other harmful speech. Also, because the information that subscribers’ create is carried over Infuseweb’s network and may reach a large number of people, including both subscribers and nonsubscribers of Infuseweb, subscribers’ postings to the Internet may affect other subscribers and may harm Infuseweb’s goodwill, business reputation, and operations.For these reasons, subscribers violate Infuseweb policy and the service agreement (and may be subject to termination) when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
1) Junk Mail/Bulk Mail -- Sending solicited or unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Infuseweb, but also because it can overload Infuseweb’s network and disrupt service to Infuseweb subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Infuseweb has the right to suspend or cancel a customer account if it is determined the customer is/was sending unsolicited or bulk e-mail.
2) 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. Infuseweb is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. Infuseweb reserves the right to terminate the privileges of subscribers who commit violations of copyright laws. See Infuseweb’s DMCA Policy.;
3) Obscene Speech or Materials -- Using Infuseweb’s network to advertise, transmit, store, post, display, or otherwise make available any material that is unlawful, obscene or harassing, including, but not limited to, child pornography. Infuseweb is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Infuseweb’s network.
4) Defamatory or Abusive Language -- Using Infuseweb’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
5) Forging of Headers -- Forging or misrepresenting, including, but not limited to, intentionally omitting or deleting, message headers, return address information or IP addresses whether in whole or in part, to mask the originator of the message.
6) 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 might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
7) Linking to Infuseweb’s Databases from Other Sites -- Infuseweb does not allow linking to its databases from sites not hosted at Infuseweb. Any customers found to be doing so will be suspended immediately pending further investigation. If it is found the customer is indeed linking to their database from an external location, that customer will be terminated.
8) 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.
9) 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 piracy of software.
10) Export Control Violations – Illegally exporting software and other materials over the Internet or otherwise, to points outside the United States.
11) Usenet Groups -- Infuseweb reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
12) 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 pirating software.
13) Other Activities -- Engaging in activities, whether lawful or unlawful, that Infuseweb 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 described above rests primarily with the subscriber. If a subscriber becomes aware of any of these prohibited activities, it shall immediately take remedial action and report such activities in writing to Infuseweb within 1 day of acquiring such knowledge of such violation.
Infuseweb also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Infuseweb’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Infuseweb does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Infuseweb has the right to directly take action against a customer of a subscriber. Also, Infuseweb may take action against the Infuseweb subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Infuseweb anticipates that subscribers who offer Internet services will cooperate with Infuseweb in any corrective or preventive action that Infuseweb deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this AUP.
Internet communications may not be secure and information transmitted over Infuseweb’s networks may be intercepted and otherwise compromised. Infuseweb urges its subscribers to assume that all of their on-line communications are insecure. Infuseweb cannot take any responsibility for the security of information transmitted over Infuseweb’s facilities.
Infuseweb will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authorities, or when public safety is at stake. Infuseweb may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Infuseweb may disclose information, including but not limited to, information concerning a subscriber, a transmission made using the Infuseweb network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Infuseweb 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, Infuseweb may disclose subscriber information or information transmitted over its network where necessary to protect Infuseweb and others from harm, or where such disclosure is necessary to the proper operation of the system.
Infuseweb expects that its subscribers 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 this AUP.
Violations of this AUP and Remedies Infuseweb reserves the right to suspend or terminate at any time the account of any subscriber that, in the sole and exclusive discretion of Infuseweb, fails to adhere to any of these terms set forth in this AUP, as from time to time may be updated and amended. Infuseweb has the right to seek legal damages, costs and expenses that may be incurred as a result of a violation of the terms of this AUP by or through subscriber.
First Violation. Upon notification of a violation, Infuseweb will attempt to contact the subcriber and describe the factual circumstances of the violation. Generally, the subscriber contact(s) will be called via telephone with the relevant information. Infuseweb will, after consultation with subscriber, define a specific time frame within which subscriber must rectify the violation. A letter may be sent to the subscriber contact formally notifying subscriber of the nature of the violation and setting forth the time frame for Client to remedy the violation. If, in Infuseweb’s sole discretion, the violation or complained of violation is such that Infuseweb elects not to or is unable to contact subscriber, then Infuseweb may take whatever steps it deems appropriate under the circumstances.
Second Violation. If the same or similar violation occurs or is complained of a second time and the time frame for remediation of the initial violation has expired, Infuseweb will again attempt to contact subscriber to inform subscriber of the violation or the fact that remedy of such violation has not been completed within the previously set time frame. If, in Infuseweb’s sole discretion, the violation or complained of violation is such that Infuseweb elects not to or is unable to contact subscriber, Infuseweb may take whatever steps it deems appropriate under the circumstances. Infuseweb will again define a specific timeframe within which subscriber must rectify the violation. A letter may again be sent to the subscriber contact notifying subscriber of the recurrence of the violation or that the violation has not been remedied within the previously set time frame and may set forth the time frame for subscriber to remedy the violation. Infuseweb will bill the Client $500 to cover Infuseweb’s administrative costs associated with managing this effort.
Third Violation. If the same or similar violation occurs or is complained of for a third time and the time frame for addressing the second violation has expired, Infuseweb will again attempt to contact subscriber describing the violation. A letter will again be forwarded to the subscriber contact notifying subscriber that the violation has occurred again and setting forth the time frame for Client to remedy the violation. Infuseweb will bill subscriber $2,500 to cover Infuseweb's administrative costs associated with managing this effort. If, in Infuseweb’s sole discretion, the violation or complained of violation is such that Infuseweb elects not to or is unable to contact Client, Infuseweb may take whatever steps it deems appropriate under the circumstances.
Finally, Infuseweb wishes to emphasize that in signing the service agreement, subscribers agree to indemnify and hold Infuseweb harmless for any violation of the service agreement, law, or Infuseweb policies, including, but not limited to this AUP and the DMCA Policy, that results in loss to Infuseweb or the bringing of any claim against Infuseweb by any third-party. This means that if Infuseweb is sued or otherwise becomes liable because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Infuseweb, plus costs and reasonable attorneys’ fees.
Any complaints about a subscriber’s violation of this AUP should be sent to our Abuse Department.
This AUP was updated April 13th, 2006