LLC Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services,
SmartWeb 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. SmartWeb respects that the
Internet provides a forum for free and open discussion and dissemination
of information, however, when there are competing interests at issue,
SmartWeb reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, SmartWeb 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 SmartWeb's
services. This AUP will be revised from time to time. A customer's use
of SmartWeb's services after changes to the AUP are posted on SmartWeb's
web site, www.smartwebservice.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 SmartWeb 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 SmartWeb cannot monitor
or censor the Internet, and will not attempt to do so, SmartWeb 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 SmartWeb 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 SmartWeb's network
and may reach a large number of people, including both subscribers and
nonsubscribers of SmartWeb, subscribers' postings to the Internet may
affect other subscribers and may harm SmartWeb's goodwill, business reputation,
and operations. For these reasons, subscribers violate SmartWeb 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 SmartWeb,
but also because it can overload SmartWeb's network and disrupt service
to SmartWeb subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, SmartWeb has the discretion to determine
from all of the evidence whether the email recipients were from an "opt-in"
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. SmartWeb is required by law to remove or block
access to customer content upon receipt of a proper notice of copyright
infringement. It is also SmartWeb's policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using SmartWeb's network to advertise,
transmit, store, post, display, or otherwise make available child pornography
or obscene speech or material. SmartWeb is required by law to notify law
enforcement agencies when it becomes aware of the presence of child pornography
on or being transmitted through SmartWeb's network.
Defamatory or Abusive Language -- Using SmartWeb's network as a
means to transmit or post defamatory, harassing, abusive, or threatening
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
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 -- SmartWeb 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 SmartWeb 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. SmartWeb will not,
as an ordinary practice, monitor the communications of its subscribers
to ensure that they comply with SmartWeb policy or applicable law. When
SmartWeb 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.
SmartWeb also is aware that many of its subscribers are, themselves, providers
of Internet services, and that information reaching SmartWeb's facilities
from those subscribers may have originated from a customer of the subscriber
or from another third-party. SmartWeb does not require its subscribers
who offer Internet services to monitor or censor transmissions or web
sites created by customers of its subscribers. SmartWeb has the right
to directly take action against a customer of a subscriber. Also, SmartWeb
may take action against the SmartWeb subscriber because of activities
of a customer of the subscriber, even though the action may effect other
customers of the subscriber. Similarly, SmartWeb anticipates that subscribers
who offer Internet services will cooperate with SmartWeb in any corrective
or preventive action that SmartWeb deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation of SmartWeb
SmartWeb 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, SmartWeb urges its subscribers to assume
that all of their on-line communications are insecure. SmartWeb cannot
take any responsibility for the security of information transmitted over
SmartWeb 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. SmartWeb may, however, monitor
its service electronically to determine that its facilities are operating
satisfactorily. Also, SmartWeb 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. SmartWeb 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, SmartWeb may disclose
subscriber information or information transmitted over its network where
necessary to protect SmartWeb and others from harm, or where such disclosure
is necessary to the proper operation of the system.
SmartWeb 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 SmartWeb policy. Finally, SmartWeb wishes to emphasize
that in signing the service agreement, subscribers indemnify SmartWeb
for any violation of the service agreement, law, or SmartWeb policy, that
results in loss to SmartWeb or the bringing of any claim against SmartWeb
by any third-party. This means that if SmartWeb is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will pay any damages
awarded against SmartWeb, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including SmartWeb and its subscribers, as responsible members
of the Internet. Any complaints about a subscriber's violation of this
AUP should be sent to email@example.com.
Last Modified August 20, 2001