Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, ePotentia 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. ePotentia respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ePotentia reserves the right to take certain preventive or corrective actions (for further information, read our Terms Of Service). In order to protect these competing interests, ePotentia has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s service agreement, and is intended as a guide to the customer’s rights and obligations when using ePotentia’s services. This AUP may be revised from time to time, and we will endeavour to make our customers aware of any changes made.
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 disseminate information from the Internet, they must keep in mind that ePotentia does not 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 ePotentia’s network and may reach a large number of people, including both subscribers and non-subscribers of ePotentia, subscribers’ postings to the Internet may affect other subscribers and may affect ePotentia’s goodwill, business, reputation or operations. For these reasons, subscribers violate ePotentia 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 ePotentia, but also because it can overload ePotentia’s network and disrupt service to ePotentia’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ePotentia will investigate and may shutdown the account that is spamming. A $50 charge for violating this policy will be charged to the person initiating the spam. A $1.00 charge will be assessed PER EMAIL sent should ePotentia choose to pursue this violation.
Resource Intensive Sites
ePotentia currently provides shared hosting packages. In this environment, what one customer’s site does can have an effect on all other sites on the server. As such, any website or account that is deemed to be using up an unacceptable level of server resources may be shut down without warning. ePotentia will be the sole determinant in what that unacceptable level is.
Obscene Speech or Materials
Using ePotentia’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited.
Defamatory or Abusive Language
Using ePotentia’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of E-Mail Headers
Forging or misrepresenting e-mail headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
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 scanning, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
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.
Facilitating a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
ePotentia reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
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 ePotentia determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities described above rests solely with the subscriber. ePotentia will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with ePotentia’s policy or applicable law. However, when ePotentia 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, or any other action deemed appropriate by ePotentia.
ePotentia is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ePotentia’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ePotentia does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ePotentia reserves the right to directly take action against a customer of its subscribers. Also, ePotentia may take action against the ePotentia’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ePotentia anticipates that subscribers who offer Internet services will cooperate with ePotentia in any corrective or preventive action that ePotentia deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ePotentia policy.
ePotentia 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. ePotentia may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ePotentia 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. ePotentia 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, ePotentia may disclose subscriber information or information transmitted over its network where necessary to protect ePotentia and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ePotentia will never sell information to other services or outside companies.
ePotentia 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 ePotentia policy. Finally, ePotentia wishes to emphasize that, in agreeing to the Terms Of Service Agreement, subscribers indemnify ePotentia for any violation of said Agreement, law or ePotentia policy resulting in loss to ePotentia or the bringing of any claim against ePotentia by any third party. This means that, if ePotentia is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ePotentia, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including ePotentia and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent directly to us.