This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of GRATISITES
INC. ("Company") governing the use by the Customer ("Customer") of the Company's services and
products ("Services and Products"). The Purpose of the GRATISITES INC's Acceptable Use Policy, hereinafter
referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network
security, network availability, physical security, Customer privacy, and other factors affecting the services provided
by GRATISITES INC. GRATISITES INC reserves the right to impose reasonable rules and regulations regarding
the use of its services provided to all Customers and such rules and regulations are subject to change. The AUP
is not an all inclusive exhaustive list and GRATISITES INC reserves the right to modify the AUPs at any time
as needed, effective upon either the posting of the modified AUPs to http://www.gratisites.com
or notification to the Customer via email. Acceptance and execution of the Master Services Agreement binds all
parties to GRATISITES INC stated AUP at the time the contract is executed and as modified from time to time.
Any violation of the AUPs may result in the suspension or termination of your account or such other action as GRATISITES
INC deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION
OF THE SERVICES YOU RECEIVE FROM GRATISITES INC.
Any questions or comments regarding the AUP should be directed to
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Compliance with Law
Customer shall not post, transmit, retransmit or store material on or through any of Services or Products which,
in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or
regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual,
group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including,
but not limited to, the installation or distribution of "pirated" or other software products that are
not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations
are applicable to its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. GRATISITES
INC investigates all incidents involving such violations and will cooperate with law enforcement if a criminal
violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other
executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches
include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into
a serve or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption"
includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged
routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the Customer's host (example: denial of service
attack or distributed denial of service attack).
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable,
a user's terminal session, via any means, locally or via the Internet.
- Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises.
Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done
to the operation of the network and business operations supported by the network. Such labor is categorized as
emergency security breach recovery and is currently charged at $395 USD per hour required. Network interference
by any Customers that may cause or is currently causing network interference with another Customer will be disconnected
immediately. No service credits will be issued to Customers disconnected for network violations.
Internet Etiquette
Each Customer is expected execute reasonable Internet etiquette (Netiquette). The Customer will comply with the
rules appropriate to any network to which GRATISITES INC may provide access. The Customer should not post,
transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not
permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely
to result in retaliation against GRATISITES INC by offended users. GRATISITES INC reserves the right
to refuse or terminate service at any time for violation of this section. This includes advertising services or
sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Child Pornography
GRATISITES INC will cooperate fully with any criminal investigation into a Customer's violation of the Child
Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their
clients over GRATISITES INC network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of
visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged
in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction,
for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written
material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen
years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Spam Policy
Mass Mailings. GRATISITES INC has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE
are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation
of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes
e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends
to the sending of unsolicited mass mailings from another service, which in any way implicates the use of GRATISITES
INC whether or not the message actually originated from our network.
Mailing Lists: GRATISITES INC's mass mailing rules also apply to mailing lists, list servs, or mailing services
you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted
audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available
for distribution of information from you. The list must also allow for automatic removal by all end Customers with
non-distribution in the future.
If your actions have caused GRATISITES INC mail servers or GRATISITES INC IP address ranges to be placed
on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed
a $750 charge to your account and $300 per hour for administrative charges incurred to remove and protect mail
servers and IP ranges.
Violation of the above terms will result in one or all of the following:
- A warning from via email or phone.
- Temporary shutdown of the website or a block on outgoing mail.
- Immediate disconnection of service with no re-activation.
- $750 fee assessed to your account for violation.
Copyright Infringement
GRATISITES INC datacenter infrastructure including network, leased hardware, co-location services, and other
hardware located in the facility 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 other intellectual property rights.
Creative, utilizing, or distributing unauthorized copies of software are a violation of federal and state law.
If you copy, distribute or install the software in ways that the license does not allow, you are violating federal
copyright law. GRATISITES INC will cooperate with all law enforcement agencies in relation to alleged copyright
infringement housed in our datacenters.
IRC Policy
IRC Servers are NOT allowed.
Suspension and Cancellation
GRATISITES INC reserves the right to suspend service to any Customer for violation of the AUP. GRATISITES
INC will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the
least amount of service interference as reasonably possible. GRATISITES INC reserves the right to terminate
service without notice for continued and repeated violations of the AUP. Continued violations of the AUP resulting
in cancellation of services will also result in a fee in the amount of $500 and contract acceleration for all amounts
outstanding under the contract term.
This Acceptable Use Policy was last modified on February 22nd, 2006. We reserve the right to modify this policy at any time with or without notification.
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