DE Web Works, LLC Acceptable Use Policy
This AUP is incorporated by reference in your Service Order with DE Web Works, LLC and
your services may be suspended or terminated without prior notice for violation of this AUP in
accordance with the General Terms and Conditions.
This AUP is designed to help protect our customers, and the Internet community, from irresponsible, abusive or illegal activities.
Inquiries regarding this policy should be directed to abuse@dewebworks.com.
Abuse
You
may not use DE Web Works's network or Services to engage in, foster, or promote
illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the
express authorization of the owner of the system or network;
- Interference with service to any user of the DE Web Works or other
network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks;
- Collecting or using email addresses, screen names or other
identifiers without the consent of the person identified (including, without
limitation, phishing, Internet scamming, password robbery, spidering, and
harvesting);
- Collecting or using information without the consent of the
owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header
information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers
information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery
software unless: (i) the user affirmatively consents to the download and
installation of such software based on a clear and conspicuous notice of the
nature of the software, and (ii) the software is easily removable by use of
standard tools for such purpose included on major operating systems; (such as
Microsoft's "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against the
DE Web Works network or website, or DE Web Works's employees, officers or other
agents, including engaging in behavior that results in any server being the
target of a denial of service attack (DoS).
Bulk or Commercial
Email
You may not distribute, publish, or send through our Network: (1) unsolicited
advertisements, solicitations, commercial e-mail messages or promotional
messages of any kind (commonly referred to as "spam"); (2) unsolicited
informational announcements; (3) chain mail; (4) numerous copies of the same or
substantially similar messages; (5) empty messages; (6) messages which contain
no substantive content; or (7) very large messages or files that disrupt a
server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen
names, or other identifiers of others, a practice sometimes known as spidering
or harvesting; (2) participate in using software (including "spyware") designed
to facilitate such activity; (3) collect responses from unsolicited messages; or
(4) use any of our mail servers to relay mail without express permission.
You must comply with the CAN-SPAM Act of 2003 and other laws and
regulations applicable to bulk or commercial email. In addition, you must obtain
DE Web Works's advance approval for any bulk email, which will not be given unless
you are able to demonstrate all of the following to DE Web Works's reasonable
satisfaction: in any manner any text, music, software,
art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the
copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States
copyright law to copy the work in that manner.
DE Web Works may
terminate the service of copyright infringers.
Other
- You must have valid and current information on file with your
domain name registrar for any domain hosted on the DE Web Works network.
- You may only use IP addresses assigned to you by DE Web Works in
connection with your DE Web Works services.
- You agree that if the DE Web Works IP numbers assigned to your
account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will
be in violation of this AUP, and DE Web Works may take reasonable action to protect
its IP numbers, including suspension and/or termination of your service,
regardless of whether the IP numbers were listed as a result of your actions.
Consequences of Violation of AUP
DE Web Works may charge
you its hourly rate for AUP breach recovery (currently $135.00) plus the cost of
equipment and material needed to (i) investigate or otherwise respond to any
suspected violation of this AUP, (ii) remedy any harm caused to DE Web Works or any
of its customers by the violation of this AUP, (iii) respond to complaints,
including complaints under the Digital Millennium Copyright Act, (iv) respond to
subpoenas and other third party requests for information as described in the
General Terms and Conditions, and (v) have DE Web Works's Internet Protocol numbers
removed from any abuse database. No credit will be available under your
DE Web Works Service Level Agreement for interruptions of service resulting from
AUP violations.
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