As a provider of Internet access, web site hosting, and other Internet-related services, NetSoft Studio offers its customers, their customers, and end-users (collectively known as “Subscribers”), the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. NetSoft Studio respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, NetSoft Studio reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, NetSoft Studio 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 NetSoft Studio’s services. This AUP will be revised from time to time. A customer’s use of NetSoft Studio’s services after changes to the AUP are posted on NetSoft Studio’s web site, www.NetSoftStudio.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 NetSoft Studio 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 NetSoft Studio cannot monitor or censor the Internet, and will not attempt to do so, NetSoft Studio 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 NetSoft Studio does not review, edit, censor, or take responsibility for any information its Subscribers may create. When Subscribers 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 NetSoft Studio’s network and partner networks and may reach a large number of people, including both Subscribers and nonsubscribers of NetSoft Studio, Subscribers’ postings to the Internet may affect other Subscribers and may harm NetSoft Studio’s goodwill, business reputation, and operations. For these reasons, Subscribers violate NetSoft Studio 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 NetSoft Studio, but also because it can overload NetSoft Studio’s network and disrupt service to NetSoft Studio Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NetSoft Studio has the discretion to determine from all of the evidence whether the e-mail recipients were from a “Confirmed Opt-in” e-mail list. With Confirmed Opt-in (also called Closed-Loop Opt-in) the e-mail recipient has verifiably confirmed permission (also known as “Verifiable Confirmation Information”) for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification. This is the standard practice for all responsible Internet mailing lists, as it ensures users are properly subscribed, from a working address, and with the address owner’s consent. NetSoft Studio reserves the right to request from Subscriber the Verifiable Confirmation Information and to verify this information with the e-mail recipient. Further, spam does not have to be sent from the Subscriber account or NetSoft Studio’s network to violate NetSoft Studio policy. E-mail sent by or through a third party that advertises or otherwise directs traffic or links to the Subscriber web site or Subscriber account will be held to the same standard as those e-mails sent directly by Subscriber. The use of e-mail lists obtained or purchased from a third party must also be verifiable by Subscriber to meet the requirements of Confirmed Opt-in with Verifiable Confirmation Information that recipient has opted-in to e-mail from Subscriber.
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. NetSoft Studio is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NetSoft Studio’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials — Using NetSoft Studio’s network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.
Child Pornography — Using NetSoft Studio’s network to advertise, transmit, store, post, display, or otherwise make available child pornography. NetSoft Studio has a no tolerance policy for child pornography, and accounts reported to NetSoft Studio as potentially containing child pornography will be immediately disabled and/or terminated and reported to the NCMEC. NetSoft Studio is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through NetSoft Studio’s network.
Defamatory or Abusive Language — Using NetSoft Studio’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).
Security Scans — NetSoft Studio understands the needs of our Subscribers to meet certain industry requirements that require Subscriber or a third party engaged by Subscriber to conduct security scans of the Subscriber account or web site. In order to prevent scans from affecting other customers and harming NetSoft Studio’s systems, any scan must be coordinated in advance with NetSoft Studio, in accordance with our Scan Requirements. To coordinate your scan and obtain a copy of the Scan Requirements, please e-mail our support team. Failure to coordinate your scan with NetSoft Studio and meet all of the Scan Requirements prior to scanning is a violation of this policy and may result in your server account being disabled or terminated.
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. This can include failure to update software used on Subscriber account or web site that is known to be vulnerable to malicious activity or exploitation. NetSoft Studio also expects Subscriber to use secure passwords to protect Subscriber account and associated e-mail accounts. Use of passwords deemed by NetSoft Studio to be insecure are a violation of NetSoft Studio policy.
Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups — NetSoft Studio 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 NetSoft Studio 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. NetSoft Studio will not, as an ordinary practice, monitor the communications or content of its Subscribers to ensure that they comply with NetSoft Studio policy or applicable law. When NetSoft Studio 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.
NetSoft Studio also is aware that many of its Subscribers are, themselves, providers of Internet services, and that information reaching NetSoft Studio’s facilities from those Subscribers may have originated from a customer of the Subscriber or from another third-party. NetSoft Studio does not require its Subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its Subscribers. NetSoft Studio has the right to directly take action against a customer of a Subscriber. Also, NetSoft Studio may take action against the NetSoft Studio Subscriber because of activities of a customer of the Subscriber, even though the action may effect other customers of the Subscriber. Similarly, NetSoft Studio expects that Subscribers who offer Internet services will cooperate with NetSoft Studio in any corrective or preventive action that NetSoft Studio deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NetSoft Studio policy.
NetSoft Studio 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, NetSoft Studio urges its Subscribers to assume that all of their on-line communications are insecure. NetSoft Studio cannot take any responsibility for the security of information transmitted over NetSoft Studio’s facilities.
NetSoft Studio 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. NetSoft Studio may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NetSoft Studio 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. NetSoft Studio 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, NetSoft Studio may disclose Subscriber information or information transmitted over its network where necessary to protect NetSoft Studio and others from harm, or where such disclosure is necessary to the proper operation of the system.
NetSoft Studio 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 NetSoft Studio policy. Finally, NetSoft Studio wishes to emphasize that in signing the service agreement, Subscribers indemnify NetSoft Studio for any violation of the service agreement, law, or NetSoft Studio policy, that results in loss to NetSoft Studio or the bringing of any claim against NetSoft Studio by any third-party. Additionally, if there is any dispute about or involving the services, subscribers agree that any such dispute will be governed by the laws of the State of Nevada without regard to its conflict of law provisions. This means that if NetSoft Studio is sued because of a Subscriber’s or customer of a Subscriber’s activity, the Subscriber will pay any damages awarded against NetSoft Studio, plus costs and reasonable attorneys’ fees.