Revision date: June 21, 2016
As a provider of web site hosting and other Internet-related services, Atabyte Inc. offers its customer (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. Atabyte Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Atabyte Inc. reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Atabyte Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Atabyte Inc.' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party 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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Atabyte Inc. cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 may be sexually explicit or otherwise offensive. Because Atabyte Inc. cannot monitor or censor the Internet, and will not attempt to do so, Atabyte Inc. cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Atabyte Inc. 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. Also, because the information created is carried over Atabyte Inc.' network and may reach a large number of people, including both subscribers and non subscribers of Atabyte Inc., subscribers' postings to the Internet may affect other subscribers and may affect Atabyte Inc.' goodwill, business, reputation or operations. For these reasons, subscribers violate Atabyte Inc. policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Atabyte Inc., but also because it can overload Atabyte Hosting' network and disrupt service to Atabyte Inc.' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Atabyte Inc. will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Atabyte Inc. reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Atabyte Inc. choose to pursue and prosecute.
Audio/Video Transcoding is not hosting friendly. As such, Atabyte Inc. does not allow any transcoding of audio or video content. Offending accounts will be suspended without noticed or terminated. We allow web server based streaming as long as transcoding is not performed on our servers.
Using Atabyte Inc.' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Atabyte Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Using Atabyte Inc.'s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
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"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing 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.
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, mail bombing, denial of service attacks and piracy of software.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Atabyte Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Atabyte Inc. determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Atabyte Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Atabyte Inc.'s policy or applicable law. However, when Atabyte Inc. becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Atabyte Inc..
Atabyte Inc. is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Atabyte Inc.'s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Atabyte Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Atabyte Inc. reserves the right to directly take action against a customer of its subscribers. Also, Atabyte Inc. may take action against the Atabyte Inc.' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Atabyte Inc. anticipates that subscribers who offer Internet services will cooperate with Atabyte Inc. in any corrective or preventive action that Atabyte Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Atabyte Inc. policy.
Atabyte Inc. will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Atabyte Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Atabyte Inc. may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Atabyte Inc. 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, Atabyte Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Atabyte Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Atabyte Inc. will never sell information to other services or outside companies.
Atabyte Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Atabyte Inc. policy. Finally, Atabyte Inc. wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Atabyte Inc. for any violation of the Service Agreement, law or Atabyte Inc. policy resulting in loss to Atabyte Inc. or the bringing of any claim against Atabyte Inc. by any third party. This means that, if Atabyte Inc. is sued or is charged penalty fees because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Atabyte Inc., plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Atabyte Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected]