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Shared/Reseller Hosting Acceptable Use Policy
ACCEPTABLE USE POLICY
1. Scope
-
This Acceptable Use Policy (this "Policy") governs
the usage of Open Mind Hosting's products and services (the "Services").
This Policy is incorporated by reference into each contract
Open Mind Hosting enters into with a customer (each, a "Customer")
for the use of such Services. Open Mind Hosting may modify this
Policy at any time without notice. In addition, this Policy
is incorporated by reference into the Terms
and Conditions applicable to Open Mind Hosting's Web site
so that no person who utilizes Open Mind Hosting's Web site (regardless
of whether that person is a Customer) may take any action
utilizing Open Mind Hosting's Web site that a Customer would
be prohibited to take utilizing the Services.
2. Purpose
-
The purpose of this Policy is to enhance the quality of
the Services and to protect Open Mind Hosting's customers, and
the Internet community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy applies to
each Customer and its employees, agents, contractors or
other users of such Customer who obtain Services from Open Mind Hosting
(each such person being a "User"). Each User should
use common sense and good judgment in connection with the
Services. Parents or guardians should always supervise minors
in using the Internet. Parents and guardians should remain
aware at all times of what is on the Internet and how the
minors under their care are using the Services and the Internet.
3. Prohibited uses
-
Users may not:
- Utilize the Services to send mass unsolicited e-mail to third parties
- Utilize the
Services in connection with any illegal activity.
Without limiting the general application of this rule,
Users may not:
- Utilize the
Services to copy material from third parties (including
text, graphics, music, videos or other copyrightable
material) without proper authorization;
- Utilize the
Services to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual property
rights of any third party;
- Utilize the
Services to traffic in illegal drugs, illegal gambling,
obscene materials or other any products or services
that are prohibited under applicable law;
- Utilize the
Services to export encryption software to points outside
the United Kingdom in violation of applicable export
control laws; or
- Utilize the
Services in any manner that violates applicable law.
- Utilize the
Services to copy material from third parties (including
text, graphics, music, videos or other copyrightable
material) without proper authorization;
- Utilize the
Services in connection with any tortious or actionable
activity. Without limiting the general application
of this rule, Users may not:
- Utilize the
Services to publish or disseminate information that
(A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of
a person without that person’s consent or (C)
otherwise violates the privacy rights of any person.
- Utilize the
Services to threaten persons with bodily harm, to
make harassing or abusive statements or messages,
or to solicit the performance of acts or services
that are illegal under applicable law.
- Utilize the
Services to publish any and all types of pornographic
material.
- Utilize the
Services to publish or disseminate information that
(A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of
a person without that person’s consent or (C)
otherwise violates the privacy rights of any person.
- Utilize the
Services in connection with any other disruptive or abusive
activity. Without limiting the general application
of this rule, Users may not:
- Utilize the
Services to cause denial of service attacks against
Open Mind Hosting or other network hosts or Internet users
or to otherwise degrade or impair the operation of
Open Mind Hosting’s servers and facilities or the
servers and facilities of other network hosts or Internet
users;
- Post messages
or software programs that consume excessive CPU time
or storage space;
- Utilize the
Services to offer mail services, mail forwarding capabilities,
POP accounts or autoresponders other than for the
User’s own account;
- Utilize the
Services to resell access to CGI scripts installed
on Open Mind Hosting’s servers;
- Utilize the
Services to subvert, or assist others in subverting,
the security or integrity of any Open Mind Hosting systems,
facilities or equipment;
- Utilize the
Services to gain unauthorized access to the computer
networks of Open Mind Hosting or any other person;
- Utilize the
Services to provide passwords or access codes to persons
not authorized to receive such materials by the operator
of the system requiring the password or access code;
- Utilize the
Services to (A) forge the signature or other identifying
mark or code of any other person, (B) impersonate
or assume the identity or any other person, or (C)
engage in any other activity (including "spoofing")
to attempt to deceive or mislead other persons regarding
the true identity of the User (excluding the use of
anonymous remailers or Internet nicknames);
- Utilize the
Services to distribute or post any virus, worm, Trojan
horse, or computer code intended to disrupt services,
destroy data, destroy or damage equipment, or disrupt
the operation of the Services;
- Utilize the
Services to conduct port scans or other invasive procedures
against any server (except any server for which the
User is an authorized system administrator);
- Utilize the
Services to distribute, advertise or promote software
or services that have the primary purpose of encouraging
or facilitating unsolicited commercial e-mail or spam;
- Utilize the
Services to solicit or collect, or distribute, advertise
or promote, e-mail address lists for the purpose of
encouraging or facilitating unsolicited commercial
e-mail or spam;
- Utilize the
Services in any manner that might subject Open Mind Hosting
to unfavorable regulatory action, subject Open Mind Hosting
to any liability for any reason, or adversely affect
Open Mind Hosting’s public image, reputation or goodwill,
including, without limitation, sending or distributing
sexually explicit, hateful, vulgar, racially, ethnically
or otherwise objectionable materials as determined
by Open Mind Hosting in its sole discretion; or
- Utilize the
Services in any other manner to interrupt or interfere
with the Internet usage of other persons.
- Utilize the
Services to cause denial of service attacks against
Open Mind Hosting or other network hosts or Internet users
or to otherwise degrade or impair the operation of
Open Mind Hosting’s servers and facilities or the
servers and facilities of other network hosts or Internet
users;
4. Violations
- Disclaimer. Open Mind Hosting expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Open Mind Hosting has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
- Reporting Non-Copyright Violations. Open Mind Hosting encourages Users to report violations of this policy by e-mail to: support@openmindhosting.com , including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
- Reporting
Copyright Violations. Open Mind Hosting complies with the
Digital Millennium Copyright Act ("DMCA"). Open Mind Hosting
encourages Users to report an alleged copyright infringement
involving a user by sending a notice that complies with
the DMCA to:
DMCA Notices
Attention: Support Team
Open Mind Hosting
Unit 5 Henson Road
Yarm Road Business Park
Darlington
Co. Durham
DL1 2JR
UNITED KINGDOM
- Remedies.
If Open Mind Hosting learns of a violation of this Policy,
Open Mind Hosting will respond to the applicable Customer and
may, in Open Mind Hosting’s sole discretion, take any of the
following actions, in accordance with the severity and
duration of the violation:
- Warning the
Customer;
- Suspending
the offending Customer from the Services;
- Terminating
the offending Customer from the Services;
- Imposing fees
or charges on the offending Customer account in accordance
with the applicable service contract;
- Removing the
offending content; and
- Taking other
action in accordance with this Policy, the applicable
service contract or applicable law.
- Warning the
Customer;
5. Reservation of Rights
-
Open Mind Hosting reserves the right to cooperate with appropriate
legal authorities in investigations of claims of illegal
activity involving Open Mind Hosting’s Services, Customers and
other Users. Open Mind Hosting reserves all other rights to respond
to violations of this Policy to the extent of applicable
law and in accordance with any applicable contractual obligations.
Open Mind Hosting may utilize technical means to monitor communications
into, and out of, its network facilities to prevent the
introduction of viruses or other hostile code, to prevent
intrusions and otherwise to enforce this Policy and each
Customer agrees that Open Mind Hosting is authorized to monitor
its communications through Open Mind Hosting's network for such
purposes.