Acceptable
Usage Policy |
By using our
services, either through purchasing any of our products/services and/or
viewing our website, you agree to be bound by this Acceptable Usage Policy. |
If you do
not agree to the terms stated herein, we do not authorize you to use any
of our services. |
Basic Principles
and Guidelines |
webgemshosting.com
(and all of its agents) are primary providers of high speed website hosting
and other services for Internet websites. We respect our customers' rights
to disseminate information through their collective websites, however we
reserve the right to take any precautionary or preventative measures when
certain events occur which we deem as violations of these terms. |
These terms
shall serve as a basic guideline to our clients' rights and responsibilities,
as well as explain our position(s) on certain issues regarding the use
of our services. |
This AUP may
be updated from time to time without any prior notification to clients.
The AUP will, however, always be posted on our website (www.webgemshosting.com).
Any use of our services and/or website by the client constitutes full acceptance
of the AUP and any other policies posted on our site. |
Additionally,
by using our services and/or website, client affirms that he/she is of
legal age to enter into this type of binding agreement. |
We cannot
and do not warrant, guarantee, verify, and/or vouch for any information
obtained through clients' use of the Internet. Client must be aware that
some material contained within our websites as well as our affiliates'
websites may contain adult material. We do not accept any responsibility
for any damage caused to client that results from any Internet communication. |
We do not
monitor, supervise, review, edit and/or otherwise take responsibility for
any of clients' actions. |
We reserve
the right to cancel immediately any client who takes part in any activity
such as, but not limited to the following: |
Terrorist
Activities - Any site which promotes the
activities of such organizations as Al Qaeda are strictly forbidden access
from/to our network. This includes any website which promotes violence/hatred
towards ANY NATION/PEOPLE. Any organization which is currently listed on
the US State Department's Terror List is banned as well. This shall include
any site which links to any site such as this. Furthermore, WE WILL REPORT
ANY REQUEST FOR SITES SUCH AS THIS TO THE FBI! |
Spamming
- Sending unsolicited email (bulk or otherwise) is strictly prohibited.
Additionally, maintaining an open SMTP relay is also prohibited. If a complaint
is received, we reserve the right to take any action up to and including
account termination. |
Intellectual
Property - Infringement of any copyright,
trademark, and or service mark is strictly prohibited. This includes any
activity which in any way falsely represents a website as someone elses.
Any complaint received will be investigated and we reserve the right to
take any necessary action to end the infringement. |
Warez Sites
- We do not host warez sites or any site which links to warez sites. |
Illegal
Material - Any material which is considered
to be illegal in the United States is strictly forbidden. This includes
child pornography, "lolita" sites, bestiality, rape, warez, and any other
material which is deemed illegal. All infractions and/or suspected infractions
will be reported to the proper authorities, and will result in account
termination. |
Abusive/Obscene
Material - Using our network in any way
to transmit obscene, abusive, harrassing, or threatening messages or language
is prohibited. |
Unauthorized
Access - Any attempt or actual penetration
of any computer, network, and/or system belonging to us or our affiliates,
as well as any other person, individual, company or other entity is forbidden.
This includes any precursor to any such penetration such as port scans
and/or stealth scans. |
Distribution
of Viruses/Worms/Trojans - Distribution
of or causing any virus, mole, worm, trojan horse, mail bombing, denial
of service or any other type of attack to be distributed is strictly forbidden
and will be reported to authorities immediately. Additionally, any activity
which interferes in any way with users' ability to access/use our network,
or any other network, is also forbidden. |
Incitement
of AUP Violation - Any activity which
causes or is designed to cause any violation of this AUP is forbidden. |
Encryption
Control - As consistent with US law, you
may not distribute or cause to be distributed any encryption software outside
the United States. |
Various
Illegal Activities - Any activity deemed
illegal in the US is prohibited. This includes making available or causing
the distribution of any ponzi scheme, pyramid scheme, fraudulant credit
card processing, pirated software or any other illegal material/activity. |
Various
Terms and Arrangements |
Compliance
with 18 U.S.C. Section 2257 - Client is responsible for full compliance
with 18 U.S.C Section 2257 regarding the records for all websites on our
network. Client is also responsible for complying with all other US laws
and/or restrictions. |
Harmful
Activities - Any activity which is harmful
to us or any of our other clients, affiliates, partners and/or agents is
also strictly forbidden. |
Monitoring
- We will not and do not monitor our clients for compliance with this AUP.
However, if we become aware of any violation of the AUP or any US laws,
we will take appropriate action up to and including account termination
and/or possible legal action. |
Security
- We do not take any responsibility for, nor do we guarantee the security
of any Internet activity, including email transmissions. |
Dissemination
of Client Information - We will not disclose
any client information to any 3rd party unless a court order requires us
to do so. However, we reserve the right to disseminate any information
if dissemination will protect or preserve our network. |
Legal Responsibilites
- If any legal action brought against us which is the result of a Clients'
action(s), Client will be responsible for full payment of any damages awarded
to the other party as well as reasonable attorney's/legal fees. |
Understanding
- If you do not fully agree with the AUP and/or are not of legal age to
enter into such an agreement, you are not authorized to view our website
and furthermore are not authorized to use any of our services. |