Unless expressly stated otherwise the following definitions shall apply to the terms used in this On-Line Conduct Policy, or OCP:
“Client” means the Client as specified under the Internet Hosting Service Agreement (hereafter the “Agreement”);
“Host” means the Hosting Provider as specified under the Agreement;
“Hosting Service” means the service provided to the Client by the Host to enable the hosting of the Client’s Web Site on the Server as specified under the Agreement;
“OCP” – means the On-Line Conduct Policy;
As a provider of web site hosting, internet access, and other internet-related services, the Host offers its Clients the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. The Host respects that the internet provides a forum for free and open discussion and dissemination of information, however when there are competing interests at issue, the Host reserves the right to take certain preventative or corrective actions. To protect these competing interests, the Host has developed an OCP, which supplements and explains certain terms of each Client’s respective Agreements and is intended as a guide to the Client’s rights and obligations when utilising the Hosting Service.
This OCP will be revised from time to time. A Client’s use of the Hosting Service after changes to the OCP are posted on Host’s web site (http://go.palass.org/hrf) will constitute the Client’s acceptance of any new or additional terms of the OCP that result from those changes.
The Host does not review, edit, censor, or take responsibility for any information its Clients may create. However, because the information created by Clients may harm the Host’s reputation and operations, the following activities are prohibited:
- Spamming – Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on public attitudes toward the Host, but also because it can overload the Host’s network and disrupt service to the Host, other Clients, and general users. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, the Host has the discretion to determine from all of the evidence whether the e-mail recipients were from an ‘opt-in’ e-mail list.
- Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. The Host is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is the Host’s policy to terminate the privileges of Clients who commit repeat violations of copyright laws.
- Obscene Speech or Materials – Using the Host’s network to advertise, transmit, store, post, display, or otherwise make available any form of pornography or obscene speech or material. The Host is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the Host’s network.
- Defamatory or Abusive Language – Using the Host’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Illegal or Unauthorised Access to Other Computers or Networks – Accessing illegally or without authorisation 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 might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Distribution of Computer Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Computer 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.
- Facilitating a Violation of this OCP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this OCP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- Other Activities – Engaging in activities, whether lawful or unlawful, that the Host determines to be harmful to its members, operations, reputation, goodwill, or public relations.
The Host will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with the Host’s policy or applicable law. However, when the Host becomes aware of harmful activities it may take any action to stop the harmful activity, including but not limited to removing information, shutting down a Client’s Web Site, implementing screening software designed to block offending transmissions, denying access to the internet, or take any other action it deems appropriate in accordance with the Agreement.
The Host also is concerned with the privacy of on-line communications and Web Sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, the Host urges its Clients to assume that all of their on-line communications are insecure. The Host cannot take any responsibility for the security of information transmitted over the Host’s facilities.
The Host will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law, governmental authority, or when public safety is at stake. The Host may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, the Host may disclose information, including but not limited to information concerning a Client, 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. The Host assumes no obligation to inform the Client that such information has been provided and in some cases may be prohibited by law from giving such notice. Finally, the Host may disclose Client information or information transmitted over its network where necessary to the Host and others from harm, or where such disclosure is necessary to the proper operation of the system.
The Host wishes to emphasise that in signing the Agreement, Clients indemnify the Host for any violation of the Agreement, law, or the Host’s policy, that results in loss to the Host or the bringing of any claim against the Host by any third-party. This means that if the Host is sued because of a Client’s or customer of a Client’s activity, the Client will pay any damages awarded against the Host, plus costs and legal fees.
Any complaints about a Client’s violations of this OCP can be sent to firstname.lastname@example.org