As a provider of web site hosting and other Internet-related services, Net Gremlin offers its customer (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. Net Gremlin respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Net Gremlin reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Net Gremlin 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 using Net Gremlin' services. This AUP will be revised from time to time.
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 judgement and responsibility of those who use it, 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 Net Gremlin cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Net Gremlin cannot monitor or censor the Internet, and will not attempt to do so, Net Gremlin cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Net Gremlin 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 created is carried over Net Gremlin' network and may reach a large number of people, including both subscribers and non-subscribers of Net Gremlin, subscribers' postings to the Internet may affect other subscribers and may affect Net Gremlin' goodwill, business, reputation or operations. For these reasons, subscribers violate Net Gremlin policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Net Gremlin, but also because it can overload Net Gremlin' network and disrupt service to Net Gremlin' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Net Gremlin will investigate and shut-down the account that is Spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Net Gremlin reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Net Gremlin choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Net Gremlin does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Net Gremlin does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Net Gremlin is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using Net Gremlin' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Net Gremlin is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Net Gremlin' network as a means to transmit or post negative, 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 may 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, 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.
Facilitation 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.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Net Gremlin 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, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Net Gremlin determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Net Gremlin will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Net Gremlin' policy or applicable law. However, when Net Gremlin becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Net Gremlin.
Net Gremlin is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Net Gremlin' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Net Gremlin does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Net Gremlin reserves the right to directly take action against a customer of its subscribers. Also, Net Gremlin may take action against the Net Gremlin' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Net Gremlin anticipates that subscribers who offer Internet services will cooperate with Net Gremlin in any corrective or preventive action that Net Gremlin deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Net Gremlin policy.
Net Gremlin will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Net Gremlin may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Net Gremlin 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. Net Gremlin assumes not 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, Net Gremlin may disclose subscriber information or information transmitted over its network where necessary to protect Net Gremlin and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Net Gremlin will never sell information to other services or outside companies.
Net Gremlin expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Net Gremlin policy. Finally, Net Gremlin wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Net Gremlin for any violation of the Service Agreement, law or Net Gremlin policy resulting in loss to Net Gremlin or the bringing of any claim against Net Gremlin by any third party. This means that, if Net Gremlin is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Net Gremlin, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Net Gremlin and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org.