Acceptable Use Policy

As a provider of Internet services, Webmaster’s Choice offers its customers (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. Webmaster’s Choice respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Webmaster’s Choice reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Webmaster’s Choice has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective services agreement and is intended as a guide to the customer's rights and obligations when utilizing Webmaster’s Choice’s services. This AUP will be revised from time to time. A customer's use of Webmaster’s Choice’s services after changes to the AUP are posted on Webmaster’s Choice’s web site at http://aup.webmasterschoice.com will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

When subscribers disseminate information through the Internet, they also must keep in mind that Webmaster’s Choice 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. Subscribers violate Webmaster’s Choice policy and service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Spamming.  Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). Also, maintaining an open SMTP relay is prohibited.
• 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.
• Obscene Speech or Materials. Using Webmaster’s Choice’s provided network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material.
• Defamatory or Abusive Language. Using Webmaster’s Choice’s provided 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"). This also includes any activity that might be used as a precursor to an attempted system penetration.
• 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.
• 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 Webmaster’s Choice determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations, including but not limited to any actions which are related to pornography.
• The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Webmaster’s Choice will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with our policy or applicable law. When Webmaster’s Choice 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, or take any other action it deems appropriate.

Webmaster’s Choice also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Webmaster’s Choice’s provided facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Webmaster’s Choice has the right to directly take action against a customer of a subscriber. Also, Webmaster’s Choice may take action against the Webmaster’s Choice subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber.

Webmaster’s Choice 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, Webmaster’s Choice urges its subscribers to assume that all of their on-line communications are insecure. Webmaster’s Choice cannot take any responsibility for the security of information transmitted over Webmaster’s Choice’s provided facilities.

Webmaster’s Choice will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Also, Webmaster’s Choice may disclose information, not limited to, information concerning a subscriber, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Webmaster’s Choice assumes no 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, Webmaster’s Choice may disclose subscriber information or information transmitted over its network where necessary to protect Webmaster’s Choice and others from harm, or where such disclosure is necessary to the proper operation of the system.

Webmaster’s Choice wishes to emphasize that in agreeing to our Services Agreement or its equivalent, subscriber indemnifies Webmaster’s Choice and our suppliers for any violation of our services agreement or its equivalent, law or AUP that results in loss to Webmaster’s Choice or our suppliers or the bringing of any claim against Webmaster’s Choice or our suppliers by any third-party. This means that if Webmaster’s Choice or our suppliers are sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Webmaster’s Choice or our suppliers, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Webmaster’s Choice and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to Abuse@WebmastersChoice.com.