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ACCEPTABLE USE
As a provider of web site
hosting, and other Internet-related services, Digital Canvas offers its customers
(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. Digital Canvas respects that the Internet provides a forum for
free and open discussion and dissemination of information, however, when
there are competing interests at issue, Digital Canvas reserves the right
to take certain preventative or corrective actions. In order to protect these
competing interests, Digital Canvas has developed an Acceptable Use Policy
("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement and is intended as a guide to the customer's rights and
obligations when utilizing Digital Canvas's services. This AUP will be revised
from time to time. A customer's use of Digital Canvas's services after changes
to the AUP are posted on Digital Canvas's web site, www.digitalcanvas.com,
will constitute the customer's acceptance of any new or additional terms
of the AUP that result from those changes.
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 the Internet, both in
the information they acquire and in the information they disseminate to others.
When subscribers obtain information through the Internet, they must keep
in mind that Digital Canvas cannot monitor, verify, warrant, or vouch for the accuracy
and quality of the information that subscribers may acquire. For this reason,
the subscriber must exercise his or her best judgment in relying on information
obtained from the Internet, and also should be aware that some material posted
to the Internet is sexually explicit or otherwise offensive. Because Digital Canvas
cannot monitor or censor the Internet, and will not attempt to do so, Digital Canvas
cannot accept any responsibility for injury to its subscribers that results
from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate
information through the Internet, they also must keep in mind that Digital Canvas
does not review, 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 they
create is carried over Digital Canvas's network and may reach a large number of people,
including both subscribers and nonsubscribers of Digital Canvas, subscribers' postings
to the Internet may affect other subscribers and may harm Digital Canvas's goodwill,
business reputation, and operations. For these reasons, subscribers violate
Digital Canvas policy and the service agreement when they, their customers, affiliates,
or subsidiaries engage in the following prohibited activities:
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 consumer attitudes
toward Digital Canvas, but also because it can overload Digital Canvas's network and disrupt
service to Digital Canvas subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Digital Canvas has the discretion to determine from
all of the evidence whether the email recipients were from an "opt-in" email
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. Digital Canvas is required
by law to remove or block access to customer content upon receipt of
a proper notice of copyright infringement. It is also Digital Canvas's policy
to terminate the privileges of customers who commit repeat violations
of copyright laws.
Obscene Speech or Materials --
Using Digital Canvas's network to advertise, transmit, store, post, display, or
otherwise make available child pornography or obscene speech or material.
Digital Canvas is required by law to notify law enforcement agencies when it becomes
aware of the presence of child pornography on or being transmitted through
Digital Canvas's network.
Defamatory or Abusive
Language -- Using Digital Canvas'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 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 might be used
as a precursor to an attempted system penetration (i.e. port scan, 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, mailbombing, 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 the facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of service attacks, and piracy
of software.
Export Control Violations --
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups --
Digital Canvas 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 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 Digital Canvas determines
to be harmful to its subscribers, operations, reputation, goodwill, or
customer relations.
As we have pointed out, the
responsibility for avoiding the harmful activities just described rests primarily
with the subscriber. Digital Canvas will not, as an ordinary practice, monitor the
communications of its subscribers to ensure that they comply with Digital Canvas policy
or applicable law. When Digital Canvas becomes aware of harmful activities, however,
it may take any action to stop the harmful activity, including but not limited
to, removing information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to the
Internet, or take any other action it deems appropriate.
Digital Canvas also is aware that
many of its subscribers are, themselves, providers of Internet services,
and that information reaching Digital Canvas's facilities from those subscribers may
have originated from a customer of the subscriber or from another third-party.
Digital Canvas does not require its subscribers who offer Internet services to monitor
or censor transmissions or web sites created by customers of its subscribers.
Digital Canvas has the right to directly take action against a customer of a subscriber.
Also, Digital Canvas may take action against the Digital Canvas subscriber because of activities
of a customer of the subscriber, even though the action may effect other
customers of the subscriber. Similarly, Digital Canvas anticipates that subscribers
who offer Internet services will cooperate with Digital Canvas in any corrective or
preventive action that Digital Canvas deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of Digital Canvas policy.
Digital Canvas 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 service, all of which can be intercepted
and otherwise compromised. As a matter of prudence, however, Digital Canvas urges
its subscribers to assume that all of their on-line communications are insecure.
Digital Canvas cannot take any responsibility for the security of information transmitted
over Digital Canvas's facilities.
Digital Canvas will not intentionally
monitor private electronic mail messages sent or received by its subscribers
unless required to do so by law, governmental authority, or when public safety
is at stake. Digital Canvas may, however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, Digital Canvas 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. Digital Canvas 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, Digital Canvas may
disclose subscriber information or information transmitted over its network
where necessary to protect Digital Canvas and others from harm, or where such disclosure
is necessary to the proper operation of the system.
Digital Canvas expects that its subscribers
who provide Internet services to others will comply fully with all applicable
laws concerning the privacy of on-line communications. A subscriber's failure
to comply with those laws will violate Digital Canvas policy. Finally, Digital Canvas wishes
to emphasize that in signing the service agreement, subscribers indemnify
Digital Canvas for any violation of the service agreement, law, or Digital Canvas policy, that
results in loss to Digital Canvas or the bringing of any claim against Digital Canvas by any
third-party. This means that if Digital Canvas is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay any damages
awarded against Digital Canvas, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful
in clarifying the obligations of Internet users, including Digital Canvas and its
subscribers, as responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to abuse@DigitalCanvas.com.
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