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Acceptable Usage Policy and Privacy Statement
Important Note: This document is updated often. Please make
a habit of reviewing it from time to time to stay abreast
of acceptable as well as inappropriate uses of your Domain
Runner Internet Services account. Reports of activity in
violation of this policy may be sent via e-mail to abuse@DomainRunner.com.
This document is divided into the following sections:
Introduction----------------------------------------
When you
open your DomainRunner account, you join two communities.
First is the community formed by our network and our customers;
the second community is the one made up of all networks
and users connected to each other to form the Internet.
Becoming a member of these communities gives you certain
rights and privileges, but also imposes certain duties and
responsibilities. DomainRunner has established an Acceptable
Use Policy in order to make these duties and responsibilities
more clear. This document is intended to provide a general
understanding of DomainRunner's Acceptable Use Policy. The
following factors guide the establishment and enforcement
of DomainRunner's usage policies:
- Ensure
reliable service to our customers
- Ensure
security and privacy of our systems and network, as well
as the networks and systems of others
- Comply
with existing laws
- Maintain
our reputation as a responsible service provider
- Encourage
responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
- Preserve
the value of Internet resources as a conduit for free
expression and exchange of information
- Preserve
the privacy and security of individual users
DomainRunner
intends to provide its customers access to everything the
Internet has to offer. While DomainRunner is firmly committed
to the principles of free speech, certain activities are
damaging to the resources of both DomainRunner and the Internet
and cannot be permitted under the guise of free speech.
The resources of DomainRunner and the Internet are limited,
and abuse of these resources by one user has a negative
impact on the entire community.
We do not
routinely monitor the activity of accounts except for measurements
of system utilization and the preparation of billing records.
However, in our efforts to promote good citizenship within
the Internet community, we will respond appropriately if
we become aware of inappropriate use of our service.
If a DomainRunner
account is used to violate the Acceptable Use Policy, we
reserve the right to terminate your service without notice
and you agree to indemnify DomainRunner and its affiliates
against any claims threatened or brought by third parties
as a result of your violation of this Acceptable Use Policy
and/or the content of your website. We prefer to advise
customers of inappropriate behavior and any necessary corrective
action. However, flagrant violations of the Acceptable Use
Policy will result in immediate termination of service.
Our failure to enforce this policy, for whatever reason,
shall not be construed as a waiver of our right to do so
at any time.
If you have
any questions regarding this policy, please contact us at
abuse@DomainRunner.com.
General
Information-----------------------------
DomainRunner
customers are prohibited from transmitting on or through
any of DomainRunner's services, any material that is, in
DomainRunner's sole discretion, unlawful, obscene, threatening,
abusive, defamatory, libelous, or encourages conduct that
would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, federal
or international law.
In general,
you may NOT use your DomainRunner account:
- In a
manner which violates any law, regulation, treaty or tariff;
- In a
manner which violates the rules, regulations and policies
of any network, server, web site, database or service
provider that you access through your DomainRunner account;
- In a
manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
- To threaten,
harass, abuse or intimidate others;
- To damage
the name or reputation of DomainRunner, its parent, affiliates
and subsidiaries;
- To break
security on any computer network, or to access an account
which does not belong to you; or
- In a
manner which interferes with other customers' use and
enjoyment of the services provided by DomainRunner.
DomainRunner's
services may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material
in violation of United States or state regulation or law,
or by the common law, is prohibited. This includes, but
is not limited to, material protected by copyright, trademark,
trade secret, or any other statute. DomainRunner's reserves
the right to remove such illegal material from its servers
or to immediately terminate your services.
The customer
is responsible for keeping his billing data with DomainRunner
up-to-date and accurate. Furnishing false data on any contract
or application, including fraudulent use of credit card
numbers, is grounds for immediate termination, and may subject
the offender to civil or criminal liability.
DomainRunner
reserves sole discretion to determine whether any use of
the service is a violation of this policy. Guidelines for
using your account follows. This information is only a guideline,
and is not intended to be all-inclusive.
Electronic
Mail-------------------------------------
Certain
DomainRunner accounts give you the ability to send and receive
electronic mail. Misuse of electronic mail may result in
termination of service. The following examples are non-exclusive
and are provided for your guidance.
- You may
not use your account to send unsolicited bulk or commercial
messages ("spam"). This includes, but is not limited to,
bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures,
and political or religious tracts. Such messages may only
be sent to those who have explicitly requested it.
- You may
not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other
providers.
- Forging,
altering or removing electronic mail headers is prohibited.
- You may
not send numerous copies of the same or substantially
similar message, nor may you send very large messages
or files to a recipient, with the intent to disrupt a
server or account ("mail bombing").
- You may
not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks
to stop receiving e-mail, you must not send that person
any further messages.
- You may
not forward or otherwise propagate chain letters, whether
or not such messages solicit money or other items of value,
and whether or not the recipient wishes to receive such
mailings.
- DomainRunner
accounts may not be used to collect replies to messages
sent from another Internet service provider if those messages
violate this Acceptable Use Policy or the acceptable use
policy of the other service provider.
- If you
use the services of another provider to promote a web
site hosted by or through DomainRunner, then the provisions
of this Acceptable Use Policy shall apply to the methods
used to promote such site.
Newsgroups-----------------------------------------
Certain
DomainRunner accounts give you access to thousands of newsgroups.
These newsgroups allow you to read and post messages on
a variety of topics. Newsgroups may be moderated or unmoderated.
Newsgroups may also have a charter or a FAQ that describes
what subjects are appropriate for each newsgroup. Misuse
of newsgroups may result in the termination of your service.
- DomainRunner
provides an uncensored newsfeed. As such, DomainRunner
does not control the content of the newsgroups available
to you. DomainRunner believes that decisions about which
newsgroups and messages to read are best left to its customers.
Screening software is available from third parties, and
it is your responsibility to use such tools if desired.
DomainRunner is not responsible for the content of any
newsgroup message, whether or not the message was posted
by a DomainRunner customer.
- Messages
posted to newsgroups must comply with the written charters
or FAQs for those newsgroups. Advertisements, solicitations,
or other commercial messages should be posted only in
those newsgroups whose charters or FAQs explicitly permit
them. You are responsible for determining the policies
of a given newsgroup before posting to it. If you are
unable to find a newsgroup's policy regarding commercial
messages, you must assume that such messages are not welcome.
- You may
not post or cross-post the same or substantially similar
message to more than 5 newsgroups. Continued cross-posting
can result in termination of service and the cancellation
of the message.
- You may
not post binary files to newsgroups not specifically named
for that purpose.
- You may
not post messages promoting pyramid schemes, "Make Money
Fast" (MMF) schemes, chain letters, or other schemes to
newsgroups. Doing so will result in immediate termination
of service.
- You may
not forge or remove header information. This includes
attempting to circumvent the approval process for posting
to a moderated newsgroup.
- You may
not solicit mail for any address other than your DomainRunner
Internet Service account or service where doing so manifests
an intent to harass others.
- You may
not post messages for the purpose of threatening, harassing
or intimidating others.
- You may
not post messages which infringe on personal or property
rights of others (privacy rights or copyrights, for example).
- You may
not cancel messages other than your own, with the exception
of official newsgroup moderators performing their duties.
DomainRunner
does not censor or control content posted to a newsgroup.
As a user of our service, you are solely responsible for
the content that you publish. DomainRunner, upon receiving
notification that certain posts violate this policy, or
any state or federal law, or infringe on the trademarks
or copyrights of another, reserves the right to remove such
posts from our news server and to terminate your account.
Web
Sites--------------------------------------------
DomainRunner
provides storage space and access for web sites through
its Web Hosting services. In addition, dedicated accounts
may provide for the hosting of web sites. DomainRunner will
not routinely monitor the contents of your web sites.
You are
solely responsible for any information contained on your
web site. However, if complaints are received regarding
language, content or graphics contained on your web site,
DomainRunner may, at its sole discretion, remove the web
site hosted on DomainRunner servers and terminate your Web
Hosting service. You agree to promptly reimburse DomainRunner
for any reasonable expenses it incurs (including attorney's
fees) in defending itself form third party claims relating
to any of the content (whether created by you, your customers
or your users) contained on your website.
You may
not use your web site to publish material which DomainRunner
determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings,
and audio recordings.
Unlawful
content is that which violates any law, statute, treaty,
regulation, or lawful order. This includes, but is not limited
to: obscene material; defamatory, fraudulent or deceptive
statements; threatening, intimidating or harassing statements,
or material which violates the privacy rights or property
rights of others (copyrights or trademarks, for example).
Indecent
content is that which depicts sexual or excretory activities
in a patently offensive matter as measured by contemporary
community standards.
Objectionable
content is otherwise legal content with which DomainRunner
concludes, in its sole discretion, it does not want to be
associated in order to protect its reputation and brand
image, or to protect its employees, shareholders and affiliates.
Examples
of prohibited web site content:
- Materials
which hold DomainRunner including its affiliates, employees
or shareholders up to public scorn or ridicule.
- Materials
which encourage the commission of a crime; or which tends
to incite violence; or which tends to degrade any person
or group based on sex, nationality, religion, color, age,
marital status, sexual orientation, disability or political
affiliation.
Security-----------------------------------------------
You are
responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps
to ensure that others do not gain access to your account.
In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access
to another network or server.
- You must
adopt adequate security measures to prevent or minimize
unauthorized use of your account.
- You may
not attempt 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
you, logging into or making use of a server or account
you are not expressly authorized to access, or probing
the security of other networks. Use or distribution of
tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network
probing tools.
- You may
not attempt to interfere with service to any user, host,
or network ("denial of service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash"
a host.
- Users
who violate systems or network security may incur criminal
or civil liability. DomainRunner will cooperate fully
with investigations of violations of systems or network
security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations.
Network
Management--------------------------
You are
responsible for ensuring that the services obtained from
DomainRunner are used in an appropriate manner by your customers
and users. Therefore, you must take steps to manage the
use of the services obtained from DomainRunner in such a
way that network abuse is minimized. You must also make
information publicly available about how to contact you,
and you must respond in a timely manner to complaints concerning
misuse of the services obtained from DomainRunner. Failure
to responsibly manage the use of the services obtained from
DomainRunner may be cause for termination of services to
you.
- You must
designate one or more individuals ("Contacts") to be responsible
for every host, IP network or subnet connected to the
Internet through the use of the services. You must provide
Contact names, phone numbers, and postal and e-mail addresses
("Contact Information") to any and all appropriate Domain
Name Registrars prior to the initial network connection
of your service. You must keep Contact Information updated
and accurate at all times. Changes in the Contact Information
must be sent to the appropriate Domain Name Registrars
in a timely manner.
- Contacts
must have the authority, access and tools necessary to
configure, operate and control access to your systems.
For important timesharing hosts, primary domain name servers
and mail relays or gateways, Contacts must be accessible
to DomainRunner via telephone 24 hours a day, 7 days a
week.
- Every
customer who allows third party access to the services
provided by DomainRunner, whether such third parties are
employees, users or customers, must maintain a postmaster
address for the receipt of complaints by e-mail. Messages
delivered to the postmaster address must be reviewed and
handled in a timely manner.
Network
Performance---------------------------
DomainRunner
accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have
a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance
is prohibited by this policy and may result in termination
of your account.
- You are
prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may
not use resource-intensive programs which negatively impact
other customers or the performance of DomainRunner systems
or networks. DomainRunner reserves the right to terminate
or limit such activities.
Internet
Relay Chat
Although
DomainRunner does not offer software or technical support
for Internet Relay Chat (IRC), subscribers to our dial-up
service may use their account to connect to IRC servers
and networks maintained by third parties. Please remember
that you are a guest when you make use of these facilities.
It is particularly important that you do not engage in activities
which might interfere with other customers' access to IRC.
- You may
not use IRC scripts or programs that interfere with or
deny service to other users on any other server, host,
network or channel.
- You may
not engage in activities which harass other users. This
includes, but is not limited to, "flooding" (rapidly entering
text with the intent to disrupt service), "flashing" (disrupting
terminal emulation), "takeovers" (improper seizing and
abuse of operator privileges), attempting to send private
messages to those who do not wish to receive them, attempting
to return to a channel after being banned from it, and
other disruptive behaviors.
- You may
not attempt to impersonate other users. The use of nicknames
does not constitute impersonation.
- You may
run "clones" (multiple simultaneous IRC connections) and
"robots" only as permitted by the host IRC server.
Illegal
Activity -------------------------------------
Any activity
on our network that is a violation of any state or federal
law is a violation of this policy and will result in immediate
termination of service. Prohibited activities include, but
are not limited to:
- Transmitting
obscene materials or child pornography
- Intentionally
spreading or threatening to spread computer viruses
- Gaining
or attempting to gain unauthorized access to any network,
including DomainRunner's private network infrastructure
- Accessing
or attempting to access information not intended for you
- Transmitting
pirated software
- Conducting
or participating in illegal gambling
- Soliciting
for pyramid and other illegal schemes.
DomainRunner
does not permit any site that contains: (i) images (including
on banner ads) of nude models that appear to be under the
age of 18 (in DomainRunner's sole judgment), (ii) sexually
explicit images (including on banner ads) of models that
appear to be under the age of 18 (in DomainRunner's sole
judgment); or (iii) sites containing language promoting
child pornography together with any sexually explicit or
nude images. As required by federal law in the United States,
DomainRunner will forward all offenders of this policy to
the appropriate federal agency.
Copyright
Infringement Claims--------------
If you
believe that you hold a claim of copyright infringement
against DomainRunner or a site that we host, submit your
Notice of your claim to the following Designated Agent:
Designated
Agent: DomainRunner
DMCA Agent
Address
to Which Notification Should Be Sent: P.O. Box 182, Pelham,
New York 10803
E-mail:
legal@DomainRunner.com
It is our
policy to remove or disable items listed by third parties
on our site that you claim infringe your rights. However,
in order to do so, we require proper notice under the Digital
Millennium Copyright Act (ÒDMCAÓ), 17 U.S.C. Section 512.
The DMCA requires that your notice include certain elements
specifically identified in the statute.
Please note
that any misrepresentation of material facts by you or your
representative in a DMCA Notice may subject you to claims
for damages and attorneys fees.
Privacy
Statement---------------------------------
DomainRunner
has a policy to respect and protect the privacy of its customers
and their information that is stored with DomainRunner.
DomainRunner will only access and disclose information as
necessary to comply with applicable laws and government
requests, to provide the DomainRunner Services, to operate
or maintain its systems or to protect itself or its customers.
As to the sharing of information; DomainRunner does not
share information to any other company or for any company
for any purpose regarding sales, marketing, or advertising.
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