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2-17-2003
rev: 1.12
HomeLink Computer Services has put into place some restrictions on how its service may be used. This document outlines these restrictions.
Our acceptable use policy has been formulated for following purposes:
- To maintain the highest quality of service for all of our clients.
- To protect our clients and ourselves from liability.
- To maintain the image and reputation of our clients and ourselves.
- To encourage the responsible use of Internet resources and to discourage practices which degrade the usefulness of Internet resources.
The acceptable use policy defines behavior with which HomeLink Computer Services expects its clients to strictly comply while using our services.
HomeLink Computer Services reserves the right to change this policy at any time, without notice. As such, we expect our clients to review this policy from time to time in order to maintain compliance.
To report violations of this AUP, please contact us, or call us at (770) 262-3977 and leave a message. Any questions or concerns about this policy should be directed to the same address or phone number.
1. Security
Attempting to circumvent security measures or interference with the services of another user, host, or network is explicitly prohibited.
This includes, but is not limited to, denial of service attacks, password cracking, use of security exploits, or using resources not allocated to the client.
Attempts to gain access to, corrupt, delete, disrupt, or damage any data or service on our server(s) that is not the sole property of the client or is not intended by HomeLink Computer Services to be managed by the client is prohibited.
Ability to gain access to any data or the ability to alter, affect, or disrupt any data or service does not, in any way, imply that HomeLink Computer Services intends that such ability to be available.
2. High-risk Data or Configurations
Any activity or configuration which is deemed by HomeLink Computer Services to pose a security threat, or promote, attract, or facilitate malicious hacking is strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
HomeLink Computer Services reserves the right to review and analyze, at any time and without notice, any and all data and configurations stored on our server(s). HomeLink Computer Services reserves the right to require clients to alter or remove any data or configurations that pose a security threat to our server(s), as determined HomeLink Computer Services.
If, after being notified that any of their data or configurations pose a security threat to our server(s), the client does not comply with the notice within a reasonable amount of time, to be determined by HomeLink Computer Services, then HomeLink Computer Services will make necessary changes for the client at our standard hourly rate.
In a security emergency, which requires immediate changes to a client's data or configurations, HomeLink Computer Services will make necessary changes and notify the client of the changes. HomeLink Computer Services will not charge for making these changes unless the client knowingly, as determined by HomeLink Computer Services, used data or configurations that posed a security threat to our server(s).
3. Service Changes
In the event that HomeLink Computer Services decides to discontinue any hosting service(s) previously offered to its clients, all clients receiving the service(s) will be given the chance to discontinue hosting with HomeLink Computer Services and receive a refund for a prorated amount based on the time left that has been paid for.
4. General legal compliance
Clients are prohibited from using HomeLink Computer Services Internet's services in order to engage in any activities which are, in HomeLink Computer Services' sole discretion, unlawful, threatening, abusive, libelous, or would constitute a criminal offense, give rise to civil liability, or otherwise violate the laws of any applicable jurisdiction.
5. Contact Information
Clients are responsible for maintaining their contact information with HomeLink Computer Services such that the email address is always reachable even in the event of their HomeLink Computer Services account(s) being unreachable or disabled.
6. Unsolicited Bulk Email, and Messaging -- SPAM.
HomeLink Computer Services' Server(s) may not be used to send mass unsolicited email to third parties.
This includes supporting the beneficiaries of spam in any shape or form, including, but not limited to, hosting DNS, web sites, or email addresses related to spam.
Distribution of spam-related software is also strictly prohibited.
Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. The client must keep these confirmations on file, so that in the case that a spam complaint is made against the client, the client has proof that the user did indeed opt-in. In addition, the client must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.
7. Facilitating violations, attempted violations, and the 'spirit' of the AUP.
Any activities that would facilitate or promote activities which violate this AUP will be considered violations of this AUP. Attempted violations will be treated as if they succeeded.
It is not possible to enumerate all possible violations of our AUP. We expect our clients to comply with the spirit of this AUP, particularly the four points at the beginning of this document.
8. Indemnification
The client agrees to indemnify HomeLink Computer Services for any liability and loss incurred as a result of activities that occur within resources allocated to the client by HomeLink Computer Services.
9. Third parties
Any third party acting on the client's behalf must follow this AUP.
If the client provides third parties with services, the client must also present them with an AUP that complies with ours; the client may also add their own policies if they desire, as long as their policies do not conflict with this AUP. In case of conflicts between AUPs, HomeLink Computer Services' AUP will take precedence over clients' AUPs.
We believe in the constitutional amendment of "freedom of speech". We also believe that all freedoms carry responsibilities. Thus, we proclaim that we detest pornography and declare that these types of materials are destructive to our families and our nation. Thus, we will not allow pornographic or indecent materials to be hosted on our web servers. Any account found storing pornographic, indecent, or illegal materials will be terminated immediately and without notice.
11. Violation of this AUP
- In addition to the indemnification clause, HomeLink Computer Services will take actions to enforce this AUP.
- We may, at our discretion, completely disable any or all services offered to the client.
- We may, at our discretion, accelerate any contracts we hold with the client responsible for the violation of this AUP.
- We may, at our discretion, completely terminate any and all services we provide to the client responsible for the violation of this AUP.
- The
client agrees to cover all costs incurred by HomeLink Computer
Services as a result of AUP violations, and to additionally pay
an administrative fee of $500 per violation, or $95 per hour for our
time, whichever is greater.
12. Disclaimer
HomeLink Computer Services reserves the right to discontinue service at any time for any reason.
The client agrees that HomeLink Computer Services' responsibility for loss of data, delays, non-deliveries, wrong delivery, and any and all service interruptions shall be limited to credits described by the Service Level Agreement (SLA) included in the client's contract, and that the results of any invocation of any clause in this AUP shall not result in SLA credits.
If no Service Level Agreement is included in the client's contract, the client agrees that HomeLink Computer Services has no liability.
