Acceptable Use Policy
This is Easy Web Presence, Inc’s d/b/a ServeYourSite (ServeYourSite, we, us, or our) Acceptable Use Policy (AUP). Users of ServeYourSite’s services are referred to as Customers, you, or your. This AUP is part of each Customer’s contract with ServeYourSite, whether your contract is electronic or paper. By using ServeYourSite’s services, Customers agree to be bound by this AUP. A Customer’s end users, or their customers are also bound by this AUP.
Customers expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for ServeYourSite to reserve the right to make changes to this AUP at any time, and without notice. For this reason as well, this AUP may not represent all possible ways in which a Customer or End User engages in unacceptable behavior. ServeYourSite reserves the right to determine, in its sole and exclusive judgment, what activities are unacceptable. The version of this AUP, available at this url ServeYourSite, is the most recent version.
This AUP incorporates, either explicitly, or by reference, other policies from entities providing services through ServeYourSite to its Customers. These policies must be “passed through” by ServeYourSite to its Customers. These policies apply to Customers through this AUP. Customers are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.
Customers violate this AUP when they, their affiliates, agents, customers (End User) engage in activities prohibited by it. It is a Customer’s responsibility and contractual obligation to ensure that End Users comply with this AUP. ServeYourSite expects that Customers will cooperate with it in the enforcement and administration of this AUP. A Customer’s failure to do so is a violation of its contract.
The AUP contains four parts, which may, or may not, apply to individual Customers and End Users:
A. All Customers.
B. Shared Customers.
C. Dedicated and VPS Customers.
A. All Customers
The following apply to all Customers:
ServeYourSite’s services, and those provided by Customers using ServeYourSite’s services, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our Terms of Service is prohibited. Customers may not use ServeYourSite’s services to directly facilitate the violation of any particular law or regulation.
ServeYourSite expects its Customers to use good business judgment in their business conduct. The following list is designed to help guide Customers in determining if ServeYourSite is a suitable service provider for their business. It is meant to provide you with examples of activities that may fall within this paragraph, and does not represent all unlawful uses of ServeYourSite’s services by Customers or End Users:
- obscene speech;
- promoting violence or injury (other than sanctioned sports events);
- using defamatory or abusive language;
- gambling, or similar activities such as pyramid or ponzi schemes;
- instructing others in prohibited activities;
- forging, misrepresenting, omitting or deleting message headers, return mailing information, internet protocol addresses to conceal or misidentify the origin of a message;
- creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
- hacking, and/or subverting, or assisting others in subverting, the security or integrity of ServeYourSite’s services or systems;
- soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
- acting in any manner that might subject ServeYourSite to unfavorable regulatory action, subject ServeYourSite to any liability for any reason, or adversely affect ServeYourSite’s public image, reputation or goodwill, as determined by ServeYourSite in its sole and exclusive discretion.
ServeYourSite has a zero tolerance approach to SPAM. This zero tolerance policy extends both to Customers using ServeYourSite services to disseminate SPAM, and the use of its services to send SPAM to ServeYourSite Customers. It is important for Customers to know that Spamming, and allegations of Spamming, have wide reaching effects on ServeYourSite’s network, and its ability to do business. Consequently, you may not be provided with advance notice that ServeYourSite has received information alleging that you are engaged in Spamming activities, and your account is to be suspended.
ServeYourSite allows its customers to engage in email marketing that complies with the “CAN-SPAM” act. Customers who plan to engage in email marketing are strongly encouraged to familiarize themselves with this act to avoid inadvertent allegations that they are engaged in spamming. Please note, that ServeYourSite may suspend or terminate your account based on this Spam policy even if your activity is allowed under CAN-SPAM, if, in ServeYourSite’s sole and exclusive judgment, your activities compromise ServeYourSite’s overall business interests.
Customers who violate this policy will have their accounts suspended. ServeYourSite considers SPAM to be the sending or receipt of 500 or more email messages at one time. However, ServeYourSite reserves the right to determine, in its sole and absolute discretion, what constitutes SPAM. ServeYourSite also prohibits its Customers, or their End Users, from relaying email. In addition, should your use of ServeYourSite’s services cause ServeYourSite to be “black listed,” your account may be suspended.
You may not use ServeYourSite’s services to host a site that is advertised in SPAM.
ServeYourSite is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). If your site has been copied by an ServeYourSite Customer, or End User, in a way that falls within the terms of the DMCA, you must provide ServeYourSite with proper notice of such an infringement. The DMCA contains very specific guidelines of what your notice must contain. These guidelines are available here: http://www.copyright.gov/title17/92chap5.html#512.
ServeYourSite’s designated agent for receipt of notices pursuant to the DMCA is:
W. David Snead, P.C.
Attention ServeYourSite DMCA Notices
521 14th Street NE
Washington, D.C. 20002
Violations of Rights, Other than Copyright
When you place information on the Internet, or use it to transmit information, you have the same liability for intellectual property violations as other authors or creators of information. Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents. Customers and End Users, may not engage in activity that violates recognized Constitutional rights. Customers and End Users may not use ServeYourSite’s services to defame, harass, abuse or threaten third parties. Complaints about such activity by Customers or End Users may be directed to ServeYourSite.
Child Pornography, Child Erotica and Bestiality
ServeYourSite takes a zero-tolerance approach to using its services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality. ServeYourSite takes an active role in cooperating with law enforcement in their efforts to prosecute violations of statutes restricting child pornography and bestiality. ServeYourSite also terminates the accounts of Customers who are themselves, or whose End Users are, using ServeYourSite’s services to disseminate or display child erotica.
ServeYourSite is required by law to report the use of its services to disseminate or display child pornography. Customers and/or End Users will not be notified that ServeYourSite has reported the use of its services in this manner, nor that it may be cooperating with law enforcement. Further information about child pornography may be found at www.ncmec.org.
Complaints about activity in violation of this policy by Customers or their end-users may be directed to ServeYourSite.
U.S. Export Laws
A Customer, or End User’s, use of ServeYourSite’s services is governed by U.S. export control laws. These laws apply regardless of whether the Customer, or End User, actually resides in the United States. You may not use ServeYourSite’s services to engage in a violation of these laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. Customers may not use ServeYourSite’s services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html
ServeYourSite owns the IP numbers and addresses that may be assigned to you by ServeYourSite. These addresses may not be assigned or transferred, and are recycled by ServeYourSite on termination of the services. ServeYourSite may, in its sole discretion, change these numbers.
Suspension and/or Termination of Services, and Credits
A Customer’s failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the services provided by ServeYourSite. ServeYourSite may do the same should this AUP be violated by an End User. Any termination or suspension may be undertaken with or without notice to a Customer or End User.
ServeYourSite does not issue credits for outages incurred as a result of its decision to suspend or terminate service for a violation of this AUP. Customers agree to hold ServeYourSite harmless from any claims that a suspension or termination of services for this reason has damaged an End User.
Monitoring Services, Cooperation with Law Enforcement and Legal Documents
Customers are solely responsible for ensuring that materials disseminated or posted using ServeYourSite’s services comply with this AUP and relevant laws. ServeYourSite does not review, edit, censor, or take responsibility for any information Customers or End Users may create. Because of this, ServeYourSite cannot accept any responsibility from Customers, End Users, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
ServeYourSite may disclose information, including information that Customers or End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. ServeYourSite assumes no obligation to inform a Customer or End User that information has been provided and in some cases may be prohibited by law from giving such notice. It may also disclose such information when it is necessary for ServeYourSite to protect its self, or others, from harm.
On occasion, ServeYourSite may have a need to communicate with Customers through email about issues related to billing, service changes, additions and modifications to the network. It is your responsibility to provide a working, monitored, email address to ServeYourSite.
It is the responsibility of the Customer to contact ServeYourSite of any changes to their account or contact information. ServeYourSite has no responsibility for communications that are misdirected as a result of Customer’s failure to provide ServeYourSite with updated contact information.
The Internet is no more or less secure than any other method of communication. You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. ServeYourSite reserves the right to take immediate action to suspend or terminate your account if, in ServeYourSite’s sole and exclusive discretion, you or an End User is engaging in activities that jeopardize ServeYourSite’s security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that ServeYourSite is taking such action.
B. Shared Customers
The following apply to all Customers with shared accounts:
ServeYourSite shared accounts cannot be transferred or used by anyone other than the Customer. Customers may not sell, lease or assign the connection or parts of the connection to any party not named in ServeYourSite’s records. Customer may allow ftp access and host websites for its customers without violating this AUP.
In instances in which an excessive amount of system resources are utilized by a Customer, ServeYourSite reserves the right to place CPU process limits on a Customer’s account to prevent disruption of other customers. ServeYourSite is the sole arbiter of what is considered to be a high server usage.
C. Dedicated and VPS Customers
The following apply to all Customers with Dedicated and VPS accounts:
Customer is solely responsible for any breaches of security affecting servers under Customer control. If a Customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determined the cause/source of the attack. In such an event, Customer is responsible for the cost to rectify any damage done to Customer’s server and any other requirement affected by the security breach.
Customer may not engage in activities designed to monitor Internet traffic other than its own. This means, that Customer may not monitor ServeYourSite’s Internet traffic, nor the Internet traffic of any other entity.