| Terms of
Service
You are responsible for abiding by
the rules set forth in the paragraphs below. Any violation of the
terms set forth below may result in immediate suspension and/or
termination of all services currently being provided.
As a Web
Hosting Provider ("WHP"), we offer our customers the means to
acquire and disseminate a wealth of public, private, commercial and
non-commercial information. We also want our customers to be fully
informed of their rights and obligations -- and ours -- in
connection with their use of the Internet. This Network Access
Policy, which supplements and explains certain terms of each
customer's respective services agreement (the "Services Agreement"),
is intended as a plain English guide to those rights and
obligations.
The fundamental
fact about the Internet is that no one --neither us, nor anyone else
-- 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, both
in the information they acquire and in the information they
disseminate to others. When customers obtain information through the
Internet, they must keep in mind that we cannot monitor, verify,
warrant or vouch for the accuracy and quality of the information
that customers may acquire. For this reason, the customer must
exercise his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet, and will not
attempt to do so, we cannot accept any responsibility for injury to
our customers that results from inaccurate, unsuitable or offensive
Internet communications.
When customers
disseminate information through the Internet, they also must keep in
mind that we do not review, edit, censor or take responsibility for
any information our customers may create. This places on customers
what will be, for most, an unfamiliar responsibility. 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 our facilities and may reach a large number of people,
including both customers and noncustomers of ours, customers'
postings to the Internet may affect other customers and may harm our
goodwill, business reputation and operations. For these reasons,
customers violate our policy and the Services Agreement when they,
their affiliates or subsidiaries engage in the following
activities:
Spamming -- Unsolicited, commercial mass
e-mailing (known as "spamming") is a strongly disfavored
practice among Internet users and hosting providers. It is
particularly harmful not only because of its negative impact on
consumer attitudes toward us, but also because it can overload
our equipment and disrupt service to our
customers.
Copyright
Violation --
Violation of copyrights held by individuals and corporations or
other entities can result in civil and criminal liability for
the infringer, and can involve the WHP in litigation and
possible loss of reputation.
Distribution and/or
Transmission of Obscene or Indecent Speech or Materials
-- Violation of indecency and obscenity laws can result in criminal
penalties.
Defamation -- Defamatory
speech distributed over the Internet can result in civil liability
for the defamer and litigation against the WHP whose facilities
were used to distribute the defamatory material.
Illegal/Unauthorized
Access to Other Computers or Networks -- The illegal or
unauthorized accessing (often known as "hacking")
of computers or networks carries potential civil and criminal
penalties under both federal laws and the laws of most states.
Distribution of Internet
Viruses, Worms, Trojan Horses and Other Destructive
Activities --
Distribution of Internet viruses, worms, Trojan horses and other
destructive activities, such as hacking, can result in serious
civil and or criminal liability under federal and state
law.
Export Control
Violations -- The
law limits the ability of persons to export encryption software,
over the Internet or otherwise, to points outside the United
States.
Other Activities, whether
lawful or unlawful, that we determine to be harmful to our
customers, operations or reputation, including any activities
that restrict or inhibit any other user from using and enjoying
the service or the Internet.
As we have pointed
out, the responsibility for avoiding the harmful activities just
described rests primarily with the customer. We will not, as an
ordinary practice, monitor the communications of our customers to
ensure that they comply with our policy or applicable law. When we
become aware of harmful communications, however, we may take any of
a variety of actions. We may remove information that violates our
policies, implement screening software designed to block offending
transmissions, or take any other action we deem appropriate,
including termination of a customer's contract with us.
We also are aware
that many of our customers are, themselves, providers of hosting
services, and that information reaching our facilities from those
customers may have been originated by customers of those customers
or other third parties. We do not require our customers who offer
hosting services to monitor or censor transmissions created by
customers of its customers. At the same time, customers who
knowingly transmit materials that violate law or our policy are,
themselves, in violation of our policy. Similarly, we anticipate
that customers who offer hosting services will cooperate with us in
any corrective action that we deem necessary, in order to correct
and prevent the transmission of material that is harmful to us or
our customers. Failure to cooperate with such corrective and
preventive measures is a violation of our policy.
We also are
concerned with the privacy of on-line communications. In general,
the Internet is neither more nor less secure than other common
communications media, including mail, facsimile and voice telephone
service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, we urge our customers to assume
that all of their on-line communications are insecure.
We can not take any
responsibility for the security of communications transmitted over
our facilities. We will comply fully, however, with all applicable
laws concerning the privacy of our customers' on-line
communications. In particular, we will not intentionally monitor or
disclose any private electronic mail messages sent or received by
our customers unless required to do so by law. We may, however,
monitor our service electronically to determine that our facilities
are operating satisfactorily. Also, we may be required to disclose
information transmitted through our facilities in order to comply
with court orders, statutes, regulations or governmental requests.
Finally, we may disclose information transmitted over our facilities
where necessary to protect us and our customers from harm, or where
such disclosure is necessary to the proper operation of the
system.
We are not
responsible for loss of customer content due to server or hardware
failure. We do, however, backup our systems daily, but cannot
guarantee the content is up-to-date. It is the customer's
responsibility to have a full backup of their site.
We expect that our
customers who provide hosting services to others will comply fully
with all applicable laws concerning the privacy of on-line
communications. A customer's failure to comply with those laws will
violate our policy. Finally, we wish to emphasize that in signing
the Services Agreement, customers indemnify us for any violation of
the customer of the Services Agreement, or of law or corporate
policies, that results in loss to us or the bringing of any claim
against us. This means that if we are sued because of activities of
the customer that violate any law, the Services Agreement or this
policy (which is part of the Services Agreement), the customer will
pay any damages awarded against us, plus costs and reasonable
attorneys' fees.
We hope this Policy
Statement is helpful in clarifying the obligations of Internet
users, including us and our customers, as responsible members of the
Internet.
We reserve the
right to permanently discontinue service at any time, without
notice, should you be found in violation of our aforementioned terms
and conditions.
Note: You
are not permitted to have any commercially available software, fixes,
patches or electronic media for download on your site. For a small
fee we can provide this service to you. Please contact us for arrangements.
We reserve the right - at any time, to terminate service if we find
that you have violated this term. Additionally, should you be found
to be in violation of any licensing agreements currently in place,
we reserve the right to permanently terminate your service without
refund. In English - no download sites unless you have purchased
that service from us.
Complaints about
violators of our policies should be referred to
info@expresstech.net. Each complaint will be
investigated. |