|
As a provider of web site hosting and other Internet-related services, Home with Jesus offers its clients the means to disseminate a wealth of public, private, commercial, and non-commercial information. Home with Jesus respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Home with Jesus reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Home with Jesus 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 Home with Jesus services. This AUP will be revised from time to time. A customer's use of Home with Jesus after changes to the AUP are posted on Home with Jesus web site, www.HomewithJesus.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. When information is disseminated through the Internet, they also must keep in mind that Home with Jesus 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 Home with Jesus network and may reach a large number of people, including both clients and non-clients of Home with Jesus, clients' postings to the Internet may affect other clients and may harm Home with Jesus goodwill, business reputation, and operations. For these reasons, clients violate Home with Jesus policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities: - Spamming
- Intellectual Property Violations
- Defamatory or Abusive Language
- Forging of Headers
- Illegal or Unauthorized Access to Other Computers or Networks
- Background Running Programs
- System Resource Abuse
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
- Facilitating a Violation of this AUP
- Export Control Violations
- Usenet Groups
- Other Illegal Activities
- Other 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 Home with Jesus, but also because it can overload Home with Jesus network and disrupt service to Home with Jesus clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Home with Jesus has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail 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. Home with Jesus is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Home with Jesus policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Defamatory or Abusive Language
Using the Home with Jesus 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).
Background Running Programs
Background Daemons in general are prohibited on Home with Jesus servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Home with Jesus will be the sole arbiter of what constitutes a violation of the above policy.
System Resource Abuse
On Home with Jesus shared hosting platforms the running of any script or process that utilizes more than 4% of available system resources at any time is strictly prohibited. Resource abuse violations will be enforced regardless of whether or not the offending client is within their correct bandwidth and/or disk space allotment. Resource abuse can include (but is not limited to) excessive use of CPU and memory or over-utilization of available network or storage capabilities. Clients with any questions about their resource requirements should contact the Home with Jesus support staff via email anytime 24/7. The specific course of action taken against clients in violation of this policy is at the sole discretion of the Home with Jesus management and staff. However, offending clients may find their accounts suspended, terminated, or partially disabled. And while Home with Jesus will try to notify clients prior to taking any such action, Home with Jesus is still under no obligation to do so and does not guarantee prior notification will be received. Keeping track of website popularity, increases in traffic and changes in resource requirements is considered the clients responsibility.
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
Home with Jesus 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 Home with Jesus determines to be harmful to its clients, operations, reputation, goodwill, or customer relations. Pornography and Hate are two activities in which we really take a STRONG stand. If you indulge in these two activities on the Home with Jesus servers and we learn of your indiscretion of our policy we will immediately, without notification, remove your site from the Home with Jesus servers and you will not be eligible for any refund.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Home with Jesus will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Home with Jesus policy or applicable law. When Home with Jesus 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.
Home with Jesus 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, fax, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Home with Jesus urges its clients to assume that all of their on-line communications are insecure. Home with Jesus cannot take any responsibility for the security of information transmitted over Home with Jesus facilities.
Home with Jesus 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. Home with Jesus may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Home with Jesus 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. Home with Jesus 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, Home with Jesus may disclose client information or information transmitted over its network where necessary to protect Home with Jesus 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 Home with Jesus and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
.
|
