JoinWeb
Appropriate Use Policy
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Introduction
This Acceptable Use Policy ("AUP")
sets forth the principles that govern the
use by customers of the systems, services
and products provided by Harpwro Enterprises
Inc. ("JoinWeb"). The AUP has been
created to promote the integrity, security,
reliability and privacy of JoinWeb's systems
and networks.
Compliance With Law
Customers shall not post, transmit, re-transmit
or store material on or through any of JoinWeb's
system services or products that: (i) is in
violation of any local, state, federal or
non-United States law or regulation; (ii)
threatening, obscene, indecent , defamatory
or that otherwise could adversely affect any
individual, group or entity (collectively,
"Persons"); or (iii) violates the
rights of any person, including rights protected
by copyright, trade secret, patent or other
intellectual property or similar laws or regulations
including, but not limited to, the installation
or distribution of "pirated" or
other software products that are not appropriately
licenses for use by customer.
Prohibited Uses of Company's
Systems, Services and Products
This AUP identifies the actions that the
JoinWeb considers to be abusive, and thus,
strictly prohibited. In addition to the other
requirements of this AUP, Customer may only
use the JoinWeb's systems, services and products
in a manner that, in the JoinWeb's sole judgment,
is consistent with the purposes of such systems,
services and products. If a customer is unsure
whether a contemplated use or action is permitted
under the AUP, the customer should e-mail
JoinWeb with a description of the proposed
use at policy@JoinWeb.com
for a determination as to whether the use
is permissible under this AUP. The examples
identified in the subsections below are non-exclusive
and are provided, in part, for guidance purposes.
The following uses of JoinWeb's systems,
services and products as described in subsections
A through E are expressly prohibited:
- Prohibited Actions: General Conduct
- Transmitting on or through any of JoinWeb's
systems, services, or products any material
that is, in JoinWeb's sole discretion, unlawful,
obscene, threatening, abusive, libelous, or
hateful, or encourages conduct that may constitute
a criminal offense, may give rise to civil
liability, or otherwise may violate any local,
state, national or international law.
- Transmission, distribution, or storage
of any information, data or material in violation
of United States or state regulations or law,
or by the common law.
- Violations of the rights of any Person
protected by copyright, trade secret, patent
or other intellectual property or similar
laws or regulations.
- Actions that restrict or inhibit any Person,
whether a customer of JoinWeb's or otherwise,
in its use or enjoyment of any of JoinWeb's
systems, services or products.
- Resale of JoinWeb's services and products,
without the prior written consent of JoinWeb.
- Deceptive on-line marketing practices.
- Furnishing false data on the signup form,
contract, or online application, including
fraudulent use of credit card numbers (such
conduct is ground for immediate termination
and may subject the offender to civil or criminal
liability).
- Transmission, distribution or storage
of any HATE RELATED, or RACIALLY MOTIVATED
material.
- Prohibited Actions: System and Network
Security
- Attempting to circumvent user authentication
or security of any host, network, or account
("cracking"). This includes, but
is not limited to, accessing data not intended
for the customer, logging into a server or
account the customer is not expressly authorized
to access, or probing the security of other
networks (such as running a SATAN scan or
similar tool). Violations will be prosecuted
under Federal law.
- Effecting security breaches or disruptions
of Internet communications. Security breaches
include, but are not limited to, accessing
data of which customer is not an intended
recipient or logging onto a server or account
that customer is not expressly authorized
to access. For purposes of this section, "disruption"
includes, but is not limited to, port scans,
ping floods, packet spoofing, forged routing
information, deliberate attempts to overload
a service, and attempts to "crash"
a host.
- Using any program/script/command, or sending
messages of any kind, designed to interfere
with a user's terminal session, by any means,
locally or by the Internet.
- Executing any form of network monitoring
which will intercept data not intended for
Customer.
- Prohibited Actions: E-Mail
- Harassment, whether through language,
frequency, or size of messages, is prohibited.
- Sending unsolicited mail messages, including
the sending of "junk mail", "SPAM"
or other advertising material to individuals
who did not specifically request such material.
Customers are explicitly prohibited from sending
unsolicited bulk mail messages. This includes,
but is not limited to, bulk-mailing of commercial
advertising, informational announcements,
and political tracts. Such material may only
be sent to those who have explicitly requested
it. If a recipient asks to stop receiving
e-mail, the Customer must not send that person
any further e-mail. JoinWeb places a value
of $10 per piece of "UCE" or Unsolicited
Commercial E-mail sent through a JoinWeb server.
The sending of more than 30 pieces of UCE
through a JoinWeb server will constitute Felony
Theft of Services in Nevada.
- Creating or forwarding "chain letters"
or other "pyramid schemes" of any
type, whether or not the recipient wishes
to receive such mailings.
- Malicious e-mail, including, but not limited
to, "mailbombing" (flooding a user
or site with very large or numerous pieces
of e-mail).
- Unauthorized use, or forging, or mail
header information.
- Using a JoinWeb or a customer account
to collect replies to messages sent from another
provider.
- Storage of large amounts of e-mail.
All e-mail sent to JoinWeb Servers shall be
checked by client regularly. Mail is
not to be left on the server for a period
longer than 20 days.
- Use of unsolicited e-mail originating
from the JoinWeb network or networks of other
Internet Service Providers on behalf of, or
to advertise any service hosted by JoinWeb,
or connected via the JoinWeb network.
- Willful failure to secure open SMTP ports
so as to prevent the unauthorized use of customer
resources for the purposes of sending unsolicited
e-mail by a third party.
- Prohibited Actions: Usenet Newsgroups
- Positing the same or similar messages
to large numbers of Usenet newsgroup ("Newsgroup
SPAMs or USENET SPAM").
- Posting chain letters of any type.
- Posting encoded binary files to newsgroups
not specifically named for that purpose.
- Cancellation or superseding of posts other
than your own, with the exception of official
newsgroup moderators performing their duties.
- Forging of header information. This includes
attempting to circumvent the approval process
for posting to a moderated newsgroup.
- Solicitations of mail for any other e-mail
address other than that of the poster's account
or service, with intent to harass or to collect
replies.
- Postings that are in violation of the
written charters or FAQ's for those newsgroups.
- Posting of Usenet articles from the JoinWeb
network or networks of other Internet Service
Providers on behalf of, or to advertise any
service hosted by JoinWeb, or connected via
the JoinWeb network.
- Failure to secure a news server so as
to prevent the unauthorized use of customer
resources by a third party which may result
in Usenet posts which violate this policy.
- Advertisements posted in newsgroups whose
chargers/FAQ's explicitly prohibit them. The
poster of an advertisement or other information
is responsible for determining the etiquette
of a given newsgroup, prior to posting to
it.
- Prohibited Actions: Individual Accounts
(Yes-Web Dial-up Users Only)
- Utilizing multiple logins, except as allowed
by the Company. Shell account users
may not run program s that provide network
services from their accounts, such as IRC
or MUD servers.
- Attempting to circumvent the 'idle daemon'
or time charges accounting, or attempts to
run programs while not logged in by any method,
are prohibited.
- Consuming excessive resources, including
CPU time, memory, disk space, and session
time. The use of resource-intensive programs
which negatively impact other system users
or the performance of Company systems or networks
is prohibited, and Company staff may take
action to limit or terminate such programs.
- Sharing of passwords or accounts with
others.
Complaint and Enforcement
-
- Complaint
-
Complaints regarding abusive
conduct may be reported by FAX to 213 947
1106, ATTN: Policy Violation
or by mail to:
Harpwro Enterprises
Incorporated
1350 East Flamingo Road #702
Las Vegas, Nevada 89119
Complaints will also be accepted via e-mail,
so long as a valid return address is included.
JoinWeb must be able to independently verify
each instance of abuse, and so each complaint
must include the COMPLETE TEXT OF THE OBJECTIONABLE
MESSAGE, INCLUDING ALL HEADERS. Please do
NOT send excerpted parts of a message; sending
a copy of the entire message, including headers,
helps to prevent misunderstandings based on
incomplete information, or information used
out of context. Full headers demonstrate which
pat h the message has taken, and enable us
to determine whether any part of the message
has been forged. This information is vital
to our investigation. We assure you
we will investigate and take action against
anyone abusing our network.
-
- Enforcement
- JoinWeb may, in its sole discretion, suspend
or terminate a customer's service for violation
of any provision of this AUP at any time and
without warning. As a general matter, JoinWeb
attempts to work with customers to cure violations
and to ensure that there is no re-occurrence
of the violation prior to terminating service.
JoinWeb Does reserve the right to release
information regarding policy violations to
any ISP requesting information about a suspended
user. We will co-operate to police our
industry in efforts to avoid governmental
enforcement / interference.
Liability
In no event will JoinWeb be liable to any
customer or third party for any direct, indirect,
special or other consequential damages for
actions taken pursuant to this AUP, including,
but not limited to, any lost profits, business
interruption, loss of programs or other data,
or otherwise, even if JoinWeb was advised
of the possibility of such damages.
Miscellaneous
-
- Modification of AUP
- Company retains the right to modify the
AUP at any time and any such modification
shall be automatically effective as to all
customers when adopted by Company.
-
- Applicability of AUP
- The actions listed herein are also not
permitted from other Internet Service Providers.
Deceptive marketing, as defined by the Federal
Trade commission Deception Policy Statement,
is not permitted through any of JoinWeb's
services or networks. These rules apply to
other types of Internet-based distribution
mediums as well, such as RLG's Ariel system
(a system for sending FAX-like documents over
the Internet).
-
- Company Is Not Responsible For Content
- JoinWeb is not responsible for the content
of any USENET posting, whether or not the
posting was made by a customer of the Company.
JoinWeb is not responsible for materials viewed
by under-age users using accessing the Internet
through a JoinWeb customer account.
JoinWeb does provide access to filtering software
and HIGHLY recommends responsible interactive/supervisory
use of the Internet with your under-age children.
-
- Removal of Materials
- At its sole discretion, JoinWeb reserves
the right to remove materials from its servers
and to terminate internet access to customers
that JoinWeb determines have violated this
AUP. JoinWeb can remove or close an account
without warning if such violation is serious
enough.
-
- Co-Operation with Authorities
- JoinWeb will co-operate with any Federal
or local authorities in the investigation
of any and all child-pornography cases or
Federal law violation.
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