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Acceptable Use Policy
This is WEBPC(tm)'s Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on the WEBPC(tm) Network and servers. If you have any questions, please contact us.
TOPICS
  1. Background
  2. Customer Security Responsibilities
  3. System And Network Security
  4. Password Protection
  5. Internet Etiquette
  6. Copyright Infringement - Software Piracy Policy
  7. Network Responsibility
  8. Lawful Purpose
  9. Unsolicited Commercial Email/Unsolicited Bulk Email UCE/UBE)
  10. Guidelines for Permission-Based Email
  11. IP Address Overlap
  12. IRC
  13. Suspension
  14. Indemnification
  15. Disclaimer of Responsibility
TOP Background

From time to time WEBPC(tm) may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.webpc.biz/ The AUPs are not exhaustive and WEBPC(tm) reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.webpc.biz or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as WEBPC(tm) deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM WEBPC(tm). YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS WEBPC(tm)'S POLICY TO TERMINATE REPEAT INFRINGERS. WEBPC(tm) RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

TOP Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting services under customer control. If a customer's server/service is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $USD250/ $AUD500 (incl GST) per hour. Enquiries regarding security matters may be directed to security@webpc.biz.
TOP System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. WEBPC(tm) may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by WEBPC(tm). Such labor is categorized as emergency security breach recovery and is currently charged at $USD250/ $AUD500 (incl. GST) per hour required. Enquiries regarding security matters may be directed to security@webpc.biz. WEBPC(tm) is concerned with the privacy of online 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, WEBPC(tm) urges its customers to assume that all of their online communications are insecure. WEBPC(tm) cannot take responsibility for the security of information transmitted over WEBPC(tm)'s facilities and equipment.

TOP Password Protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use WEBPC(tm)'s service to guess passwords or to access other systems or networks without authorization. WEBPC(tm) will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

If the customer believes the security of any password has been compromised they should report the matter to security@webpc.biz immediately.

TOP Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which WEBPC(tm) may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children, pornography or is likely to result in retaliation against WEBPC(tm) by offended users. WEBPC(tm) reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
TOP Copyright Infringement - Software Piracy Policy

The WEBPC(tm) network may only be used for lawful purposes. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined and/or receive a jail sentence.

Please send notifications of claimed copyright infringements by e-mail to abuse@webpc.biz

WEBPC(tm) will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

TOP Network Responsibility

Customers have a responsibility to use the WEBPC(tm) network responsibly. This includes respecting the other customers of WEBPC(tm). WEBPC(tm) reserves the right to suspend and or cancel service with any Customer who uses the WEBPC(tm) network in such a way that adversely affects other WEBPC(tm) customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to WEBPC(tm) or its customers (i.e. computer hacking), and/or
  • Participating in behavior which result in reprisals that adversely effect the WEBPC(tm) network or other customers' access to the WEBPC(tm) network.

WEBPC(tm) will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, & quot;Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a WEBPC(tm) customer, whether or not the attacked account or computer belongs to WEBPC(tm), will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of WEBPC(tm) is strictly prohibited.

Violations of this policy may be reported directly to security@webpc.biz. WEBPC(tm) will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

TOP Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.

Using any WEBPC(tm) service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, or abuse in connection with use of WEBPC(tm) services or products is prohibited. Using the WEBPC(tm) network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within WEBPC(tm) network are open to the public. You are solely responsible for your usage of the WEBPC(tm) network and servers and any statement you make on servers hosted within the WEBPC(tm) network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

TOP Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)

Unsolicited commercial email (UCE) is defined by WEBPC(tm) as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

Unsolicited bulk e-mail (UBE) is defined by WEBPC(tm) as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) to multiple recipients who have not agreed to receive such communication.

Use of the WEBPC(tm) network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. WEBPC(tm) also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, WEBPC(tm) customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the WEBPC(tm) network. Violations of this type may result in the termination of the offending WEBPC(tm) account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a WEBPC(tm) customer shall be deemed a violation of the AUP by such WEBPC(tm) customer.

Customers whose actions directly or indirectly result in WEBPC(tm) IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), website(s) or user(s) immediately removed from our network. In addition, if WEBPC(tm) in its sole discretion determines that a customer is in violation of our AUP, WEBPC(tm) may, at its sole discretion, restrict, suspend or terminate a customer's account. WEBPC(tm) will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the WEBPC(tm) AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that WEBPC(tm) determines in its sole discretion to be in violation of the WEBPC(tm) AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

Violation of WEBPC(tm)'s UCE/UBE policy may be reported to abuse@WEBPC(tm).biz.

Customers seeking to send any permission-based email marketing should read Guidelines for Permission-Based Email to see our guidelines for sending this type of communication.

TOP Guidelines for Permission-Based Email

While WEBPC(tm) prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. We strongly reccomend that our customers take double opt-in approach, where a confirming email is sent to the email address provided requesting confirmation to be added to the list. All recipient information for such marketing conducted by WEBPC(tm) customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by WEBPC(tm) from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

  1. All commercial or bulk email originating from a WEBPC(tm) customer on the WEBPC(tm) network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
  2. All commercial or bulk email originating from a WEBPC(tm) customer on the WEBPC(tm) network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.
  3. All WEBPC(tm) customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.
  4. All WEBPC(tm) customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
  5. All WEBPC(tm) customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.
  6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
    " You opted-in to receive this email promotion from our web site or from one of our partner sites."
  7. All WEBPC(tm) customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
    " If you would like to learn more about how we received your email address, please contact us at abuse@domain.com."
    Requests for "opt-in" information must be responded to within 72 hours.
  8. All WEBPC(tm) customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this.
  9. If a WEBPC(tm) customer is using an affiliate program to send commercial or bulk email through the WEBPC(tm) network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.
  10. All customers of WEBPC(tm) are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the WEBPC(tm) network.

Disclaimer

  • WEBPC(tm) reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
  • WEBPC(tm) reserves the right to determine in its sole discretion the validity of any customer's email list. Any list WEBPC(tm) determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
  • WEBPC(tm) reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at WEBPC(tm).
  • If WEBPC(tm) determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then WEBPC(tm) may immediately suspend or terminate the customer's service.
TOP IP Address Overlap
WEBPC(tm) administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by WEBPC(tm) staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
TOP IRC

WEBPC(tm) allows the use of IRC inside the WEBPC(tm) network as long as the use of IRC on a WEBPC(tm) server does not violate any of the other terms of this AUP. As a policy, WEBPC(tm) will not provide vanity IRC reverse DNS records. To enforce this policy WEBPC(tm) does not turn the reverse address of IPs over to the customer. Authority over this information remains with WEBPC(tm) and/or its suppliers.
TOP Suspension
If WEBPC(tm) in its sole discretion determines that a customer's server has become the source or target of any violation concerning the WEBPC(tm) Acceptable Use Policy (AUP), WEBPC(tm) reserves the right to suspend all or part of the services being provided. While WEBPC(tm) will attempt to contact the customer before suspending any service, prior notification to the customer is not assured. In certain cases, WEBPC(tm) will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.
TOP Indemnification
WEBPC(tm) wishes to emphasize that in using the services of WEBPC(tm), customer indemnifies WEBPC(tm) for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to WEBPC(tm) or the bringing of any claim against WEBPC(tm) by any third-party. This means that if WEBPC(tm) is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WEBPC(tm), plus costs and reasonable legal advisors fees.
TOP Disclaimer of Responsibility

WEBPC(tm) is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. WEBPC(tm) disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of WEBPC(tm) must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Updated: December 1, 2004