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Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, Ames Associates offers its clients, and their customers and users,the means to disseminate a wealth of public, private, commercial,and non-commercial information. Ames Associates respects that theInternet provides a forum for free and open discussion and disseminationof information, however, when there are competing interests at issue,Ames Associates reserves the right to take certain preventativeor corrective actions. In order to protect these competing interests,Ames Associates 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'srights and obligations when utilizing Ames Associates services.This AUP will be revised from time to time. A customer's use ofAmes Associates after changes to the AUP are posted on Ames Associatesweb site, www.hosttec.com, will constitute the customer's acceptanceof any new or additional terms of the AUP that result from thosechanges.

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 Ames Associates 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 Ames Associates network and may reach a large number of people, including both clients and non-clients of Ames Associates, clients' postings to the Internet may affect other clients and may harm Ames Associates goodwill, business reputation, and operations. For these reasons, clients violate Ames Associates policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Resellers

As a reseller you are bound and all your customers are bound by the limitations of this agreement. You as a reseller agree at all times you hold harmless, defend, and indemnify Ames Associates Services from any legal action taken by any account you sell or create. As a reseller of our services you are responsible for your client's actions and the content that you host for them. In the event of a breach of these terms by any client of yours, you will be notified and asked to rectify the situation in a timely manner. In the event you refuse or do not take action in a timely manner the offending site may at the sole discretion of Ames Associates Services be suspended or terminated. Repeated violations of these terms may result in the termination of your account and all your customers' accounts.

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 Ames Associates , but also because it can overload Ames Associates network and disrupt service to Ames Associates clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Ames Associates 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. Ames Associates is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Ames Associates policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Ames Associates has been forced to create its no adult sites policy for its virtual server users.

What does Ames Associates consider "Adult Material?"

  • Any site whose revenue is gained in part or whole from its adult content.
  • Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
  • Revenue-generating hyperlinks to sites who violate policy #1.

Why does Ames Associates have this policy?

Bandwidth and Resources

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Ames Associates reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language

Using Ames Associates network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

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 Ames Associates servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Ames Associates will be the sole arbiter of what constitutes a violation of the above policy.

Crawlers from Other Sites That Access CGI Programs On Your Site

If you are running a cgi based shopping cart or other type of software, you will not allow crawlers from sites that index your products or other intellectual material. Cgi scripts are normally a lagre user of computer resources and the constant barrage of these crawlers not only affect the performance of your site, but also the performance of the whole server.

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.

Usenet Groups

Ames Associates 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 Ames Associates determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Ames Associates will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Ames Associates policy or applicable law. When Ames Associates 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.

Ames Associates 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, Ames Associates urges its clients to assume that all of their on-line communications are insecure. Ames Associates cannot take any responsibility for the security of information transmitted over Ames Associates facilities.

Ames Associates 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. Ames Associates may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ames Associates 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. Ames Associates 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, Ames Associates may disclose client information or information transmitted over its network where necessary to protect Ames Associates 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 Ames Associates and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to abuse@hosttec.com

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