Acceptable
Use Policy ("AUP")
Introductory Note: Please make a habit of reviewing this
document from time to time to stay abreast of acceptable use
of the Service.
By using Services provided by EMS Internet Designs, you agree
to comply with this Policy. You are expected to use the
Internet with respect, courtesy, and responsibility, giving
due regard to the rights of other Internet users. We expect
you to have a basic knowledge of how the Internet functions,
the types of uses that are generally acceptable, and the types
of uses that must be avoided. Common sense is the best guide
as to what is considered acceptable use.
Failure to observe the guidelines set forth in this AUP can
result in anything from a warning to a suspension of
privileges or termination of your Service. Decisions of EMS
Internet Designs's staff are final. EMS Internet Designs may
refer potential violations of laws to the proper authorities,
may cooperate in the investigation of any suspected criminal
or civil wrong, and will cooperate with authorities when
required to do so by law, subpoena, or when the public safety
is at stake. EMS Internet Designs assumes no obligation to
inform a member that the member's information has been
provided and, in some cases, may be prohibited by law from
giving such notice.
General Use Policy
In this Policy, "Service(s)" refers to any web
hosting, Data Center Hosting, support contract, or similar
services that you may have purchased from EMS Internet
Designs. Your use of these Services is subject to the terms
and conditions of the Service Agreement/Member Services
Agreement ("Service Agreement") you accepted in
conjunction with the Services you purchased from EMS Internet
Designs. This Policy is intended to provide you with a set of
guidelines you must follow in your use of your account. You
are responsible for avoiding the prohibited activities and
following the Policy set forth herein. Violations of this
Policy, and therefore the Service Agreement, may result in
action including, but not limited to fines, or suspension or
termination of your account.
EMS Internet Designs will not, as an ordinary practice,
proactively monitor the activities of those who use its
Services to ensure that its users comply with this Policy
and/or the law. If EMS Internet Designs is alerted to
violations or potential violations of this Policy, EMS
Internet Designs will take whatever measures it deems
necessary to stop or prevent those violations, including the
actions described in this Policy.
The following is a list of guidelines for using your Internet
account. This Policy is a guideline and is not an inclusive
listing of prohibited conduct.
Abuse of Email/Spamming
The Service you are receiving from EMS Internet Designs may
include the ability to send and receive electronic mail. Use
of your electronic mail account to send unsolicited commercial
messages is prohibited. Mass electronic messages or
"mail-bombing" (sending mass unsolicited mail or
deliberately sending very large attachments to one recipient)
are prohibited. Forging electronic mail headers (addresses) is
also prohibited regardless of commercial content. Use of
electronic mail to harass or intimidate other users is
prohibited.
Spamming, sending large numbers of unsolicited commercial
email messages or unsolicited bulk email to advertise, offer,
sell, or buy any goods or services, for any business or
individual, is strictly prohibited. In response to a
complaint, EMS Internet Designs has the discretion to
determine, from all of the evidence it receives, whether the
intended recipients were from an "opt-in" email
list.
You are also prohibited from sending the same or substantially
similar unsolicited email message, whether commercial or not,
to fifty (50) or more recipients. If this provision is
violated, you may be required, as determined by EMS Internet
Designs in EMS Internet Designs's sole discretion, to pay EMS
Internet Designs $50 per day for unintended violations and
$500 per day for deliberate violations.
In the interest of maintaining network performance, you should
not send unreasonably large electronic mail attachments. You
are prohibited from running programs designed to defeat
network inactivity time-outs and maintaining an open SMTP
relay is prohibited.
Export Control Violations
Exporting encryption software over the Internet or otherwise,
to points outside the United States, is prohibited.
Facilitating a Violation of this AUP
You are strictly prohibited from advertising, transmitting, or
otherwise making available any software, program, product, or
service that is designed to violate or facilitate a violation
of this AUP. This includes the facilitation of the means to
spam, initiation of pinging, flooding, mail bombing, denial of
service attacks, and piracy of software.
Illegal Activity/Tortious Conduct
Any activity on EMS Internet Designs's network that is a
violation of any State or Federal law is a violation of this
policy. Prohibited activities include, but are not limited to:
transmitting obscene materials; intentionally spreading
computer viruses; gaining unauthorized access to private
networks; engaging in the transmission of pirated software;
conducting or participating in illegal gambling, soliciting
for illegal pyramid schemes through electronic mail or USENET
postings.
You are strictly prohibited from using the Service in a manner
that:
violates rules, regulations and policies applicable to any
network, server, computer database, web site or ISP that you
access through the Service;
violates any law, regulation, treaty or tariff;
is defamatory, fraudulent, indecent, offensive or deceptive;
threatens, harasses, abuses, or intimidates others;
damages the name or reputation of EMS Internet Designs, its
affiliates or subsidiaries; or
*to create or attempt to utilize a domain name that is
defamatory, fraudulent, indecent, offensive, deceptive,
threatening, abusive, harassing, or which damages the name or
reputation of EMS Internet Designs.
Infringement of Intellectual Property Rights
You are prohibited from publishing, submitting, copying,
uploading, posting, transmitting, reproducing, theft of,
infringement on, or distributing information, software, or
other material that is protected by copyright, trademark,
patent, trade secret, any other type of intellectual property
rights, trademark laws (by rights of privacy or publicity) or
other proprietary right of any party unless you own or control
the rights thereto or have received all necessary consents to
do the same. This prohibition includes the use of any material
or information including images or photographs that are made
available through an EMS Internet Designs site or Service.
Interference with Other Customers Use
You are prohibited from using the Service in a manner that
interferes with other customers' use and enjoyment of the
Services provided by EMS Internet Designs.
Internet Relay Chat Rules
Although EMS Internet Designs does not offer software or
technical support for Internet Relay Chat (IRC), you may use
your account to connect to IRC servers and networks maintained
by third parties. Please remember that you are a guest when
you make use of these facilities. It is particularly important
that you do not engage in activities that might interfere with
other customers' access to IRC.
You shall not use IRC scripts or programs that interfere with
or deny service to other users on any other server, host,
network, or channel.
You shall not engage in activities that harass other users.
This includes, but is not limited to, "flooding"
(rapidly entering text with the intent to disrupt service),
"flashing" (disrupting terminal emulation),
"takeovers" (improper seizing and abuse of operator
privileges), attempting to send private messages to those who
do not wish to receive them, attempting to return to a channel
after being banned from it, and other disruptive behaviors.
You shall not attempt to impersonate other users. The use of
nicknames does not necessarily constitute impersonation.
You shall not run "clones" (multiple, simultaneous
IRC connections) and/or "robots".
Newsgroups/USENET postings and Chat Rooms Abuse
The Service you have purchased may give you access to
thousands of USENET news groups. These USENET groups allow you
to read and post articles on a variety of topics. USENET
groups may be moderated or un-moderated. Groups may also have
a charter that describes what posts are appropriate.
Posting commercial messages to a USENET group is a violation
of this policy unless that specific USENET group has invited
commercial postings in its charter. If you are unable to find
a group's charter, or the charter does not address commercial
posts, you must assume that commercial posting to that group
is not welcome.
Posting off-topic articles or articles that are not related to
that group's subject matter as defined in the newsgroup's
charter are also not welcomed. Cross-posting identical
postings to over five USENET groups, posting for the purpose
of threatening, harassing or intimidating USENET group users
and forging USENET post header information are also prohibited
activities.
EMS Internet Designs does not censor or the control content
posted to a USENET group. As a user of our Service, you are
solely responsible for the content that you publish. Upon
notification that certain postings violate this policy, the
law, or infringe on a Trademark or Copyrights of another, EMS
Internet Designs may, at its discretion, remove offending
posts from its news server.
EMS Internet Designs reserves the right not to accept postings
from newsgroups where we have actual knowledge that the
content of the newsgroup violates this AUP.
You are also prohibited from abusing chat rooms. Such abuse
includes, but is not limited to, scrolling (repeatedly
entering either meaningless characters, three or more repeated
blank lines, the same text three or more times, or
consistently repeating text in a Chat room).
Posting the same or substantially similar unsolicited note,
whether commercial or not, to a newsgroup, bulletin board, or
message board ten (10) or more times a day is prohibited. If
this provision is violated, you shall pay EMS Internet Designs
$50 per day for unintended violations and $500 per day for
deliberate violations.
Network Security
It is your responsibility to ensure the security of your
network. You are responsible for ensuring that your customers
and users use the Services in an appropriate manner. You are
required to take all necessary steps to manage the use of the
Services obtained from EMS Internet Designs in such a way that
network abuse is minimized.
Violations of system or network security are prohibited, and
may result in criminal and civil liability. EMS Internet
Designs will investigate incidents involving such violations
and will cooperate with law enforcement if a criminal
violation is suspected.
Examples of system or network security violations include, but
are not limited to the following:
Failing to secure your system against abuse. You are
responsible for configuring and securing your services to
prevent the disruption of service to other customers. You will
be held liable if unknown third parties utilize your Services
at any time for the purpose of illegally distributing licensed
software. It is your responsibility to monitor these services.
Examples of unsecured services would be use of SMTP relay,
incorrect configuration of Proxy or SOCKS services, PC
Anywhere, SNMP Broadcaster, FTP server. You are responsible
for taking corrective actions on vulnerable or exploited
systems to prevent continued abuse. It is your responsibility
to insure that your network and/or computer are configured in
a secure manner. You may not, through action or inaction,
allow others to use your network for illegal or inappropriate
uses, and/or any other disruptive, provoking, abusive behavior
that is in violation of these guidelines or the EMS Internet
Designs Service agreement for the Service(s) you have
purchased;
Using any software or device that allows your account to stay
logged on while you are not actively using the EMS Internet
Designs Service or using your account for the purpose of
operating a server of any type;
Uploading or distributing files that contain viruses, Trojan
horses, worms, time bombs, cancel bots, corrupted files, or
any other similar software or programs that may damage the
operation of another's computer or property of another;
Hacking . breaking the security on any computer network or
accessing an account that does not belong to you. This
includes, but is not limited to, unauthorized access to, or
use of, data, systems or networks, including any attempt to
probe, scan, or test the vulnerability of a system or network
or to breach security or authentication measures without
express authorization of the owner of the system or network;
Unauthorized monitoring of data or traffic on any network or
system without express authorization of the owner of the
system or network. This would include use of sniffers or SNMP
tools.
Other Activities
You are prohibited from engaging in any other activity,
illegal or not, that EMS Internet Designs determines in its
sole discretion, to be harmful to its subscribers, operations,
reputation, goodwill, or customer relations.
Prohibited Countries
You shall represent and warrant that you are not a resident of
any country or affiliated with any of organization prohibited
to do business within the United States as defined and set
forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/DPL/.
Secure Password
Your password provides access to your individual account. It
is your responsibility to keep your password secure. You are
responsible for any and all access to or use of the Services
through your account. Attempting to obtain another user's
account password is strictly prohibited.
Web hosting and Data Center Hosting Surveillance
EMS Internet Designs performs routine surveillance of its
network in connection with its web hosting, Data Center
Hosting, and related Services. Although EMS Internet Designs
will not proactively monitor its your activities for
violations of this Policy, there may be instances in which EMS
Internet Designs, through its routine surveillance may find
violations of this Policy. In those instances, EMS Internet
Designs may act upon information obtained during routine
surveillance.
Contact information
You must make information publicly available about how to
contact you, and you must respond in a timely manner to
complaints concerning misuse of the Services obtained from EMS
Internet Designs. Failure to responsibly manage the use of the
Services obtained from EMS Internet Designs may be cause for
termination of Services to you.
Abuse
Any party seeking to report a violation of this Policy may
contact us via email at support@emsdesigns.com
Any party seeking to send us a Notification of Claimed
Infringement pursuant to the Digital Millennium Copyright Act
of 1998 ("DMCA") must send such notification to our
designated Copyright Agent at support@emsdesigns.com.
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