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As a provider of Internet access, web site hosting, and other Internet-related
services, Network Designs, Inc. 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. Network Designs, Inc. respects that the Internet provides
a forum for free and open discussion and dissemination of information,
however, when there are competing interests at issue, Network Designs,
Inc. reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, Network
Designs, Inc. 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 Network Designs. Inc. services.
This AUP will be revised from time to time. A customer's use of
Network Designs. Inc. services after changes to the AUP are posted
on Network Designs. Inc. web site, www.networkdesignsinc.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 Network Designs, Inc. 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
Network Designs, Inc. cannot monitor or censor the Internet, and
will not attempt to do so, Network Designs, Inc. 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 Network Designs, Inc. 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 Network Designs. Inc.
network and may reach a large number of people, including both subscribers
and no subscribers of Network Designs, Inc., subscribers' postings
to the Internet may affect other subscribers and may harm Network
Designs. Inc. goodwill, business reputation, and operations. For
these reasons, subscribers violate Network Designs, Inc. 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 messages over the
Internet (known as "spamming"). It is not only harmful
because of its negative impact on consumer attitudes toward Network
Designs, Inc., but also because it can overload Network Designs.
Inc. network and disrupt service to Network Designs, Inc. subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint
is received, Network Designs, Inc. has the discretion to determine
from all of the evidence whether the email recipients were from
an "opt-in" email list.
Obscene Speech or Materials
-- Using Network Designs. Inc. network to advertise, transmit, store,
post, display, or otherwise make available child pornography or
obscene speech or material. Network Designs, Inc. is required by
law to notify law enforcement agencies when it becomes aware of
the presence of child pornography on or being transmitted through
Network Designs. Inc. network.
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).
Forging of Headers
-- Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Export Control Violations
-- Exporting encryption software over the Internet or otherwise,
to points outside the United States.
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. Network Designs, Inc. is required by law to remove
or block access to customer content upon receipt of a proper notice
of copyright infringement. It is also Network Designs. Inc. policy
to terminate the privileges of customers who commit repeat violations
of copyright laws.
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, mail bombing, denial of service
attacks, and piracy of software.
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, mail
bombing, 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.
Defamatory or Abusive
Language -- Using Network Designs. Inc. network as a means to
transmit or post defamatory, harassing, abusive, or threatening
language.
Usenet Groups -- Network
Designs, Inc. 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 pirating
software.
Other Activities -- Engaging
in activities, whether lawful or unlawful, that Network Designs,
Inc. 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. Network
Designs, Inc. will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with Network Designs,
Inc. policy or applicable law. When Network Designs, Inc. 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.
Network Designs, Inc. also is aware that many of its subscribers
are, themselves, providers of Internet services, and that information
reaching Network Designs. Inc. facilities from those subscribers
may have originated from a customer of the subscriber or from another
third-party. Network Designs, Inc. does not require its subscribers
who offer Internet services to monitor or censor transmissions or
web sites created by customers of its subscribers. Network Designs,
Inc. has the right to directly take action against a customer of
a subscriber. Also, Network Designs, Inc. may take action against
the Network Designs, Inc. subscriber because of activities of a
customer of the subscriber, even though the action may affect other
customers of the subscriber. Similarly, Network Designs, Inc. anticipates
that subscribers who offer Internet services will cooperate with
Network Designs, Inc. in any corrective or preventive action that
Network Designs, Inc. deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of Network
Designs, Inc. policy.
Network Designs, Inc. 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, Network Designs, Inc. urges its subscribers to assume that
all of their on-line communications are insecure. Network Designs,
Inc. cannot take any responsibility for the security of information
transmitted over Network Designs. Inc. facilities.
Network Designs, Inc. 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. Network Designs, Inc. may, however, monitor its service
electronically to determine that its facilities are operating satisfactorily.
Also, Network Designs, Inc. 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. Network Designs, Inc. 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, Network Designs, Inc. may disclose
subscriber information or information transmitted over its network
where necessary to protect Network Designs, Inc. and others from
harm, or where such disclosure is necessary to the proper operation
of the system.
Network Designs, Inc. 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 Network Designs,
Inc. policy. Finally, Network Designs, Inc. wishes to emphasize
that in signing the service agreement, subscribers indemnify Network
Designs, Inc. for any violation of the service agreement, law, or
Network Designs, Inc. policy, that results in loss to Network Designs,
Inc. or the bringing of any claim against Network Designs, Inc.
by any third-party. This means that if Network Designs, Inc. is
sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will pay any damages awarded against Network Designs,
Inc., plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Network Designs, Inc. and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to 911@netdsgns.com
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