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As a provider of web site hosting and other Internet-related services,
Computers In Design 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.
Computers In Design 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, Computers In Design
Inc reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, Computers
In Design 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 Computers In Design Inc's
services.
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 Computers In Design 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
Computers In Design Inc cannot monitor or censor the Internet, and
will not attempt to do so, Computers In Design 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 Computers In Design 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 Computers In Design
Inc's network and may reach a large number of people, including
both subscribers and nonsubscribers of Computers In Design Inc,
subscribers' postings to the Internet may affect other subscribers
and may harm Computers In Design Inc's goodwill, business reputation,
and operations. For these reasons, subscribers violate Computers
In Design 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
Computers In Design Inc, but also because it can overload Computers
In Design Inc's network and disrupt service to Computers In Design
Inc subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Computers In Design Inc 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,
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. Computers In Design
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 Computers In Design Inc's policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Computers In Design Inc's
network to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material.
Computers In Design 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 Computers In Design Inc's network.
Defamatory or Abusive Language -- Using Computers In Design Inc'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"). 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 piracy of software.
Export Control Violations -- Exporting encryption software over
the Internet or otherwise, to points outside the United States.
Usenet Groups -- Computers In Design 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 Computers In Design 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. Computers
In Design Inc will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with Computers In
Design Inc policy or applicable law. When Computers In Design 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.
Computers In Design 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, Computers In Design Inc urges its subscribers to assume
that all of their on-line communications are insecure. Computers
In Design Inc cannot take any responsibility for the security of
information transmitted over Computers In Design Inc's facilities.
Computers In Design 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. Computers In Design Inc may, however, monitor
its service electronically to determine that its facilities are
operating satisfactorily. Also, Computers In Design 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.
Computers In Design 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, Computers
In Design Inc may disclose subscriber information or information
transmitted over its network where necessary to protect Computers
In Design Inc 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 Computers In Design Inc and its subscribers, as
responsible members of the Internet.
Questions
Users may direct questions concerning this Acceptable Use Policy
by e-mail to info@ComputersinDesign.com.
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