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Acceptable Usage Policy (AUP)
As a provider of Internet access, web site hosting, and
other Internet-related services, Skagit Valley Internet LLC (A Washington Company) 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. Skagit Valley Internet LLC respects that the
Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing
interests at issue, Skagit Valley Internet LLC reserves the right to take certain
preventative or corrective actions. In order to protect these
competing interests, Skagit Valley Internet LLC 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
Skagit Valley Internet LLC services. This AUP will be revised from time to time.
A customer's use of Skagit Valley Internet LLC services after changes to the AUP
are posted on Skagit Valley Internet LLC web site, www.whatcomweb.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 Skagit Valley Internet
LLC 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 Skagit Valley Internet
LLC cannot
monitor or censor the Internet, and will not attempt to do so,
Skagit Valley Internet LLC 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 Skagit Valley Internet LLC 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
Skagit Valley Internet LLC network and may reach a large number of people,
including both subscribers and non-subscribers of Skagit Valley Internet
LLC,
subscribers' postings to the Internet may affect other
subscribers and may harm Skagit Valley Internet LLC goodwill, business
reputation, and operations. For these reasons, subscribers
violate Skagit Valley Internet LLC 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
Skagit Valley Internet LLC, but also because it can overload Skagit Valley Internet LLC network and
disrupt service to Skagit Valley Internet LLC subscribers. Also, maintaining an
open SMTP relay is prohibited. When a complaint is received,
Skagit Valley Internet LLC 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. Skagit Valley Internet LLC is required by law to remove or block
access to customer content upon receipt of a proper notice of
copyright infringement. It is also Skagit Valley Internet LLC policy to terminate
the privileges of customers who commit repeat violations of
copyright laws.
Obscene Speech or Materials -- Using Skagit Valley Internet LLC network to
advertise, transmit, store, post, display, or otherwise make
available child pornography or obscene speech or material.
Skagit Valley Internet LLC is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or
being transmitted through Skagit Valley Internet LLC network.
Defamatory or Abusive Language -- Using Skagit Valley Internet LLC 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, 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 the facilitation of the means to spam,
initiation of pinging, flooding, mail-bombing, 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 -- Skagit Valley Internet LLC 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 Skagit Valley Internet LLC 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. Skagit Valley Internet LLC will not, as an ordinary practice, monitor
the communications of its subscribers to ensure that they comply
with Skagit Valley Internet LLC policy or applicable law. When Skagit Valley Internet
LLC 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.
Skagit Valley Internet LLC also is aware that many of its subscribers are,
themselves, providers of Internet services, and that information
reaching Skagit Valley Internet LLC facilities from those subscribers may have
originated from a customer of the subscriber or from another
third-party. Skagit Valley Internet LLC does not require its subscribers who offer
Internet services to monitor or censor transmissions or web
sites created by customers of its subscribers. Skagit Valley Internet LLC has the
right to directly take action against a customer of a
subscriber. Also, Skagit Valley Internet LLC may take action against the
Skagit Valley Internet LLC
subscriber because of activities of a customer of the
subscriber, even though the action may effect other customers of
the subscriber. Similarly, Skagit Valley Internet LLC anticipates that subscribers
who offer Internet services will cooperate with Skagit Valley Internet LLC in any
corrective or preventive action that Skagit Valley Internet LLC deems necessary.
Failure to cooperate with such corrective or preventive measures
is a violation of Skagit Valley Internet LLC policy.
Skagit Valley Internet LLC 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, Skagit Valley Internet LLC urges its subscribers to assume
that all of their on-line communications are insecure. Skagit Valley
Internet LLC
cannot take any responsibility for the security of information
transmitted over Skagit Valley Internet LLC facilities.
Skagit Valley Internet LLC 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. Skagit Valley Internet LLC may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, Skagit Valley Internet LLC 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. Skagit Valley Internet LLC 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,
Skagit Valley Internet LLC may disclose subscriber information or information
transmitted over its network where necessary to protect Skagit Valley
Internet LLC
and others from harm, or where such disclosure is necessary to
the proper operation of the system.
Skagit Valley Internet LLC 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 Skagit Valley Internet LLC policy.
Finally, Skagit Valley Internet LLC wishes to emphasize that in signing the service
agreement, subscribers indemnify Skagit Valley Internet LLC for any violation of
the service agreement, law, or Skagit Valley Internet LLC policy, that results in
loss to Skagit Valley Internet LLC or the bringing of any claim against
Skagit Valley Internet LLC by
any third-party. This means that if Skagit Valley Internet LLC is sued because of a
subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Skagit Valley Internet LLC, plus
costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including Skagit Valley Internet LLC and its subscribers, as
responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to
support@whatcomhost.com. |
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