(A.U.P.) Acceptable Use Policy
The WereDigital Hosting Inc..(hereinafter called "WereDigital") and its "Acceptable Use Policy" contains information about what type of behavior that is and is not accepted on the WereDigital networks and server infrastructure. This document is the basis upon which each and every customer, member or subscriber and their respective clients must govern themselves when using our services. If you require more information please contact us. Please read the following carefully as your continued use of our service does constitute acceptance of any and all agreements with WereDigital including this Policy.
- Statement of Intention
- Customer Security Responsibility
- System Resources and Utilization
- System and Network Security
- Usenet Groups
- Email Use
- IRC (Internet Relay Chat)
- Account Usage
- Personal Pages Hosted Under WereDigital Domains
- Storage and Dissemination of Illegal Material (Viruses, Trojans or other)
- Copyright and Intellectual Property Violations
- Lawful Purpose
- Policy Violation and Enforcement
- Cancellation of Customers Account
- Disclaimer of Responsibility
1. This is a Acceptable Use Policy (herein called "AUP") is the basis for the acceptable use of WereDigital offerings and services. This document becomes part of any and all service level agreements you may sign when using our service. By accessing this web site and using any of WereDigital services you acknowledge that you have read, understand, and agree to be bound by this agreement, including any modifications that WereDigital may make and post to this site from time to time. You further agree that you represent and warrant herein, compliance with any and all applicable laws.
(For purposes of this agreement "you", "users", " clients", "customer" and "subscribers" are used interchangeably and where applicable.)
WereDigital being an Internet Service Provider offers various methods of accessing the Internet and displaying or disseminating information and receiving access to the same. Respecting the fact that no one person or entity owns the Internet, and that it is intended as a forum for free and open exchange of information, however when there are competing interests at issue WereDigital reserves the right to take certain preventative or corrective measures. In an attempt to address these competing interests WereDigital has developed this AUP which becomes part of any and all of WereDigital offerings and services and is intended as a guide to the customers rights and obligations when using WereDigital services.
This AUP will be revised from time to time. A customer's use of WereDigital services after changes to the the AUP are posted on WereDigital web site. http://weredigital.com/new/a-u-p-acceptable-use-policy will constitute the customer's acceptance of any new or additional terms and conditions of the AUP that results from those changes
2. a) You agree that you are responsible for protecting your password and for any authorized and unauthorized use made of that password.
b) You agree you will not use or permit anyone to use WereDigital services to guess passwords or access other systems or networks not owned or controlled by WereDigital without authorization. WereDigital will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activities.
c) You agree to not attempt to seek information on, or obtain copies of files or modify files of other data or passwords belonging to other users without permission.
d) You agree to not use technology and software to attempt to circumvent user authentication or security. Examples of such tools include but are not limited to cracking utilities, port scanning utilities, D.O.S. attack programs, or password guessing software.
e) You agree to assume full responsibility, risk and liability for sharing your account password with others or allowing use of your account by others.
f) WereDigital technical staff may monitor the security of passwords at any time. If it is deemed to be a insecure password you will be directed to change the password to one that better follows the following rule. If you fail to comply with password security this may be construed to be a breach of this AUP and grounds for account termination.
g) All passwords will be a min of 6-12 characters long with a varying sequence of alpha and numeric characters, and can not be found in whole or in part in normal or reverse order, in any dictionary of words in any language. You are responsible for changing your passwords regular.
3. a) WereDigital reserves the right to institute services and fees for customers who are interested in acquiring system resources above and beyond acceptable usage.
b) WereDigital the network on which customers servers reside. The customer cannot use IPs which were not assigned to them by WereDigital. This is commonly know as "IP Address Overlap". Any customer using non-official IPs will be removed from the network until such time as this conflict can be corrected.
4. a) Any and all violations of network security are prohibited, and may result in criminal and civil liabilities. WereDigital will investigate any such activities and will cooperate fully with law enforcement agencies if a criminal violation is suspected. Such violations include but are not limited to the following.
i) Forging of any TCP-IP packet headers or any part of the header information in an E-mail or newsgroup posting.
ii) Unauthorised monitoring of data traffic on any network or system without the expressed authorization of the owner of the network or system.
iii) Interference with service to any user, host or network including without limitation flooding, mail bombing, deliberate attempts to overload a system with any form of repeated request and broadcast attacks.
iv) Unauthorized access or use of any data, system or networks, including but not limited to attempt to probe, scan or test the vulnerability or "holes in" a network or system to breach security or authentication measures without the written expressed authorization of the owner of the system or network.
b) If the customer violates This policy in regards to network security WereDigital reserves the right to publish the customers name and account information regarding the security breach to public accessible list/location, which allow other Internet Service Providers to identify such customers that abuse internet privileges.
5. a) WereDigital reserves the right to discontinue service to any Usenet newsgroup at any time for any reason. WereDigital will investigate any and all complaints regarding postings containing illegal and or posts of inappropriate material to Usenet account holders and may, in its sole discretion, take action based on the rules stated herein. Action will include but is not limited to immediate termination of the account holders privileges and or possible notification to the appropriate legal authority. WereDigital will cooperate fully with any law enforcement agency should any account holder appear to be conducting any suspected illegal activities. All account holders privacy will always be protected unless appropriate legal action or notification is provided us.
b) You are prohibited and agree not to alter the headers of posts to Usenet groups to conceal the e-mail address or to prevent other account holders from responding to posts.
c) You agree to not engage in any activity or practices that may, in WereDigital sole discretion, interfere with other users use and enjoyment of newsgroups or the whole Internet in general.
d) If a post violates this policy and or contains illegal material, WereDigital will require the post be moved to a more appropriate forum or group (if exists), or take action as outlined herein.
e) You as the account holder are solely responsible for determining the rules of a newsgroup before posting to it.
f) Usenet news articles posted under WereDigital services must comply with the written charter/rules/FAQ of the newsgroup in question and to which they are posted. If a newsgroup does not have a charter/rules/FAQ, its title may be considered sufficient to determine the general topic of the newsgroup.
g) You are prohibited from and agree not attempt to disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup that does not contain substantive content. To the extent that normal discussion in the group is generally hindered. This includes but is not limited to blank messages that contain no text, repeated messages, messages that are abusive or derogatory in nature, messages that are illegal, posting follow up messages without new text.
h) You may not use WereDigital to cancel articles that you did not originally post. Only the poster of a Usenet article or WereDigital have the right to cancel the article. The sole exception to this rule is for the moderators of a formally moderated newsgroup; the moderator of the news group may cancel any article at any time in a newsgroup he/she/ is moderating.
i) Established Usenet conventions ("Netiquette") prohibits advertising in most newsgroups. You agree to post advertisements only in those newsgroups that specifically permit them in their charter/rules/FAQ. Some newsgroups may permit "classified ads" for single transactions between private individuals, but not commercial offerings or advertisements. It is solely the users responsibility for determining whether or not a newsgroup permits advertising before posting.
j) Netiquette prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include chain letters, encoded binary file, job offerings or listing, pyramid schemes and personal ads. you may post these types of messages only in newsgroups that specifically permit such in their charter/rules/ FAQ. You are solely responsible for determining if the newsgroup in question accepts such postings before posting your message.
k) You agree to pay a clean up fee for each and every individual bulk unsolicited commercial post sent via your account posted to unrelated newsgroups of $1.50. This includes, but is not limited to , any postings containing pornography, moneymaking schemes, or web promotion services. If these charges go unpaid after a period of 30 days, the charges will be places with collection services. WereDigital reserves the right to take legal action at any time to claim payment from any account holder.
l) If any account holder or account violates this policy "AUP" WereDigital may at it's sole discretion publish the holders account information, to the maximum extent allowed by law, to publicly accessible lists/locations, to which other Internet Service Providers use to identify account holders that abuse internet privileges.
6.a) WereDigital will investigate complaints regarding e-mail and may take action as set out in this policy, if in its sole discretion, an e-mail message is found to be in violation of this policy or applicable laws.
b) You agree not to send, propagate, or reply to mail bombs. Mail bombing is defined as either emailing copies of a single message to many account holders, or sending large or multiple files or messages to a single user with malicious intent.
c) You agree not to send chain letters. Chain letters are unsolicited by definition and may not be propagated by using WereDigital service.
d) You agree not to alter the headers of email messages to conceal their email address or to prevent account holders or other email users from responding to messages.
e) You agree not to send e-mail to any user who does not wish to receive it, either on the WereDigital networks or otherwise. You agree to refrain from sending further email to a user after receiving a request to stop.
f) You agree to send advertising material only to addresses that have requested to receive such material. You are prohibited from sending unsolicited advertising mailings, whether commercial or informational in nature. WereDigital will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
g) WereDigital takes a ZERO tolerance approach to the sending of any unsolicited commercial email (UCE) or SPAM over our network. Simply this means that customers of WereDigital may not use or permit others to use our networks to transmit UCE. Customers of WereDigital may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service, and financial implications as follows:
h) You agree to pay a $1.00 clean-up fee for each and every individual bulk unsolicited commercial email sent via the account holders account. This clean up also includes any and all pornographic and adult related mass emailing. If this charge goes unpaid, it will be put into collections within 30 days. WereDigital reserves the right to take legal action at any time in order to claim the payment from the account holder.
i) WereDigital reserves the right to publicize the account holders account information to the maximum extent of the law, to a publicly accessible list/location if the account violates this policy, which will allow other Internet Service Providers to identify all account holders that abuse internet privileges.
j) Violations of any of the WereDigital Policies outlined in this document can result in massive numbers of email messages. If a WereDigital account holder receives a large volume of email which effect WereDigital recourses, WereDigital staff may shut down the account holders mailbox.
7. a) WereDigital will respond to complaints of inappropriate behaviour or illegal behaviour in IRC, and may, in its sole discretion, take action based on the based on the rules stated herein and applicable laws. If, in WereDigital sole discretion, the account holder's behaviour is found to violate any of WereDigital IRC policies, or involve illegal behaviour, WereDigital may take action as outlined in this Policy.
b) You acknowledge that any user in IRC may create a channel and hold operator privileges, and any user with operator privileges on a channel may remove anyone else from that channel. Channel operators are not agents of WereDigital, and are in no way compensated or supervised by WereDigital, with the exception of the operators of official WereDigital channels used for the sole purpose of customer support or communication between WereDigital employees.
c) Account holders may adopt any available nickname for use in IRC; however, the /whois command can be used to discover the username and hostname of any IRC user. You agree not attempt to disguise Your username or hostname in order to impersonate other account holders.
d) Any user has the ability to screen out messages from a user they find objectionable, using the "ignore" command. You agree not attempt to continue sending private messages to a user after being ignored.
e) You are prohibited from and agree not to engage in "flooding". Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other account holders with text.
f) You are prohibited and agree not send or relay "flash" messages via any medium, including IRC. A flash is a message that contains control code information designed to disrupt a user's terminal emulation or session.
g) You are prohibited from and agree not to engage in "hacking" or attempt to gain operator privileges ("Ops") for a channel without the permission of the current holder(s) of Ops (if any) on that channel. Each IRC channel is controlled by one or more account holders with Ops. The holder of Ops on a channel has the ability to remove any other user from that channel, temporarily or for as long as the channel exists. Hacking is defined as manipulation of IRC servers in order to harass or disconnect other account holders, or forcible seizure of Ops on a channel for purposes of disruption or harassment.
h) The holder of Ops on a channel has the right to remove any account holder he/she considers offensive. Users who are removed have the option to move to another channel or create a channel of their own, where they hold Ops. You agree not attempt to return to a channel after being banned from it.
8.a) Your access to the WereDigital network UNLESS SPECIFICALLY or OTHERWISE STATED, is for intermittent access to you hosting account only.
b) You are prohibited from and agree not to re-sell, re-distribute, or lease a connection without our prior written consent from WereDigital. This includes Posting, forward or redirects to any Free service including hosting, adult services or other services not endorsed and allowed by WereDigital Hosting Inc.
c) You agree to remain online only if You are actively involved in Internet usage. You agree not to stay online while idle, and are prohibited from using software or devices which prevent a time-out process from occurring while not interactive. WereDigital strictly bans and prohibits the usage of bots, pingers, timed events or any other software that is used to interfere in any way with idle-time detection process by WereDigital.
10.a) You agree that You are solely responsible for the content of Your Personal Web Page.
b) WereDigital reserves the right to remove any Web Page on WereDigital servers, at any time and for any reason.
c) You are prohibited from and agree not to have pornographic and illegal material present on your Personal Web Page on WereDigital servers. Any pornographic and illegal material present on Personal Web Pages are strictly prohibited and will be removed upon detection. At the sole discretion of WereDigital, one warning will be sent to the account holder. If pornographic and/or illegal material is found again, the account will be terminated and cancelled without further notice and the Personal Web Page will be permanently removed. No refunds or exchanges are offered, and there are no exceptions to the above.
d) WereDigital will investigate complaints regarding inappropriate material on Personal Web Pages within the WereDigital domain and may, in its sole discretion, require that the material be removed or take action as outlined in this policy. Criteria for determining whether a page is inappropriate include, but are not limited to, the system resources consumed by the page, copyright violations and applicable laws.
11. a) You will not use your account for the purpose of 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.
b) While using WereDigital services, you are prohibited from and agree not to store, distribute or transmit any text, images, data, programs etc. ("material") that are illegal. Examples of illegal material include, but are not limited to, material that is threatening coercive and/or harassing in nature, material containing child pornography, and copyrighted, trademarked or other proprietary material used without proper authorization. The account holder may not post, upload or otherwise distribute copyrighted, trademarked and or patented material (intellectual property) on WereDigital' servers without the consent of the owner of the intellectual property.
c) The storage, distribution, or transmission of illegal material may subject the account holder(s) to criminal as well as civil liability, in addition to the actions outlined in this policy.
d)You agree not to store or run a banner exchange, free adult tgp (thumbnail gallery post) and/or free adult image galleries on your website. You understand and agree that shared server space is for business and personal website operations purposes only and not for unrelated data storage.
12. a) You agree that usage of your account will not engage 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.
b) You also agree, usage of your account will not include engaging in any activity that violates privacy, publicity, or other personal rights of others. WereDigital is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WereDigital policy to terminate the privileges of customers who commit repeat violations of copyright laws.
13. a) You agree all services the account holder may be using are for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
b) You agree that you will not be using any of WereDigital services or products for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law.
c) You further agree that any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of WereDigital services or products is prohibited. Using the WereDigital network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
d) You also agree that servers hosted within WereDigital network are open to the public. You are solely responsible for your usage of the WereDigital network and servers and any statement you make on servers hosted within the WereDigital network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libellous
14.a) If an account holder is found to be in violation of this policy the account holder will be issued a warning (via email, or phone). After a second violation, the user's account will be locked and/or terminated permanently.
b) WereDigital reserves the right to terminate any account that is found to be in violation of this agreement. These violations include but are not limited to bulk email, UCE, spamming, or bulk Usenet postings
c) WereDigital reserves the right to suspend network access to any customer if, in the judgment of the WereDigital network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which WereDigital chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The customer will be credited on a prorated basis based on the monthly fees the customer pays for the servers that are suspended for the time the customer's machines were suspended.
15. a) The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
16. a) WereDigital reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by WereDigital if WereDigital institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
17. a) WereDigital wishes to emphasize that in signing the acceptance of the Master Services Agreement or its equivalent, customer indemnifies WereDigital for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to WereDigital or the bringing of any claim against WereDigital by any third-party. This means that if WereDigital is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WereDigital, plus costs and reasonable legal fees.
18. a) WereDigital is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. WereDigital disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All sub networks, resellers and managed servers of WereDigital must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.