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Service Usage Policy

(Version 2.1 - Last updated January 21, 2002 )

1. Scope This Service Usage Policy (this “Policy”) governs the usage of our

Company's web hosting and e-mail products and services (the “Services”). This

Policy is incorporated by reference into each contract Netsymmetrics Web Hosting enters into with a

customer (each, a “Customer”) for the use of such Services. Netsymmetrics Web Hosting may

modify this Policy at any time without notice.

2. Purpose. The purpose of this Policy is to enhance the quality of the Services and to

protect Netsymmetrics Web Hosting's customers, our network providers and the Internet community

as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy

applies to each Customer and its employees, agents, contractors or other users of

such Customer who obtain Services from Interland (each such person being a

“User”). Each User should use common sense and good judgment in connection

with the Services. Parents or guardians should always supervise minors in using the

Internet. Parents and guardians should remain aware at all times of what is on the

Internet and how the minors under their care are using the Services and the Internet.

 

3. Prohibited Uses. Users may not:

(a) Utilize the Services to send mass unsolicited e-mail to third parties .

(b) Utilize the Services in connection with any illegal activity . Without limiting

the general application of this rule, Users may not:

i) Utilize the Services to copy material from third parties (including text,

graphics, music, videos or other copyrightable material) without proper

authorization;

ii) Utilize the Services to misappropriate or infringe the patents, copyrights,

trademarks or other intellectual property rights of any third party;

iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene

materials or any products or services that are prohibited under applicable law;

iv) Utilize the Services to export encryption software to points outside the United

States in violation of applicable export control laws; or

v) Utilize the Services in any manner that violates applicable law.

(c) Utilize the Services in connection with any tortious or actionable activity .

Without limiting the general application of this rule, Users may not:

i) Utilize the Services to publish or disseminate information that (A) constitutes

slander, libel or defamation, (B) publicizes the personal information or

likeness of a person without that person's consent or (C) otherwise violates

the privacy rights of any person.

ii) Utilize the Services to threaten persons with bodily harm, to make harassing

or abusive statements or messages, or to solicit the performance of acts or

services that are illegal under applicable law.

(d) Utilize the Services in connection with any other disruptive or abusive

activity . Without limiting the general application of this rule, Users may not:

i) Utilize the Services to cause denial of service attacks against Netsymmetrics Web Hosting,

our network providers or other network hosts or Internet users or to otherwise

degrade or impair the operation of the servers and facilities of Netsymmetrics Web Hosting,

our network providers, or the servers and facilities of other network hosts or

Internet users;

ii) Post messages or software programs that consume excessive CPU time or

storage space;

iii) Utilize the Services to offer mail services, mail forwarding capabilities, POP

accounts or autoresponders other than for the User's own account;

iv) Utilize the Services to resell access to CGI script installed on Netsymmetrics Web Hosting's

servers or the servers of our network providers;

v) Utilize the Services to subvert, or assist others in subverting, the security or

integrity of any of Netsymmetrics' systems, facilities or equipment or those of

our network providers;

vi) Utilize the Services to gain unauthorized access to the computer networks of

Netsymmetrics Web Hosting or any other person;

vii) Utilize the Services to provide passwords or access codes to persons not

authorized to receive such materials by the operator of the system requiring

the password or access code;

viii) Utilize the Services to (A) forge the signature or other identifying mark or

code of any other person, (B) impersonate or assume the identity of any other

person, or (C) engage in any other activity (including “spoofing”) to attempt to

deceive or mislead other persons regarding the true identity of the User

(excluding the use of anonymous remailers or Internet nicknames);

ix) Utilize the Services to distribute or post any virus, worm, Trojan horse, or

computer code intended to disrupt services, destroy data, destroy or damage

equipment or disrupt the operation of the Services;

x) Utilize the Services to conduct port scans or other invasive procedures

against any server (except any server for which the User is an authorized

system administrator);

xi) Utilize the Services to distribute, advertise or promote software or services

that have the primary purpose of encouraging or facilitating unsolicited

commercial e-mail or spam;

xii) Utilize the Services to solicit or collect, or distribute, advertise or promote, email

address lists for the purpose of encouraging or facilitating unsolicited

commercial e-mail or spam;

xiii) Utilize the Services in any manner that might subject Netsymmetrics Web Hosting or our

network providers to unfavorable regulatory action, subject Netsymmetrics Web Hosting or

our network providers to any liability for any reason, or adversely affect the

public image, reputation or goodwill of Netsymmetrics Web Hosting or our network

providers, including, without limitation, sending or distributing sexually

explicit, hateful, vulgar, racially, ethnically or otherwise objectionable

materials as determined by Netsymmetrics Web Hosting in its sole discretion; or

xiv) Utilize the Services in any other manner to interrupt or interfere with the

Internet usage of other persons.

4. Violations

(a) Disclaimer . Netsymmetrics Web Hosting expressly disclaims any obligation to monitor its

Customers and other Users with respect to violations of this Policy. Our

Company has no liability or responsibility for the actions of any of its Customers

or other Users or any content any User may post on any web site.

(b) Reporting Non-Copyright Violations . Netsymmetrics Web Hosting encourages Users to

report violations of this policy to us through such abuse mailbox or address as we

may provide, including in any such report the name of the offending domain (for

example, xyz.com) and the type of abuse (for example, spam, illegal acts,

harassment, etc.) in the “subject” field of the email.

(c) Reporting Copyright Violations . Netsymmetrics Web Hosting complies with the Digital

Millennium Copyright Act (“DMCA”). Users may report an alleged copyright

infringement involving a user by sending a notice that complies with the DMCA to

our registered agent for DMCA notices. You may find the address for our DMCA

agent through the U.S. Copyright office at the Library of Congress at:

http://www.copyright.gov/onlinesp/list/index.html .

(d) Remedies . If Netsymmetrics Web Hosting learns of a violation of this Policy, we will respond to

the applicable Customer and may, in our sole discretion, take any of the

following actions, in accordance with the severity and duration of the violation:

i) Warning the Customer;

ii) Suspending the offending Customer from the Services;

iii) Terminating the offending Customer from the Services;

iv) Imposing fees or charges on the offending Customer account in

accordance with the applicable service contract;

v) Removing the offending content; and

vi) Taking other action in accordance with this Policy, the applicable service

contract or applicable law.

For purposes of clarification, in connection with any allegation that any Customer

may have engaged in or used the Services in connection with any illegal activity, we

may rely conclusively on a written statement, on letterhead, of a U.S. law

enforcement agency and, in such event, will not be obligated to the Customer to

inquire into the factual underpinnings of such statement or the legal reasoning of

such law enforcement agency.

5. Reservation of Rights. Netsymmetrics Web Hosting reserves the right to cooperate with

appropriate legal authorities in investigations of claims of illegal activity involving the

Services, our Customers and other Users. Netsymmetrics Web Hosting reserves all other rights to

respond to violations of this Policy to the extent of applicable law and in accordance

with any applicable contractual obligations.

 

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