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Guildernet
has certain legal and ethical responsibilities consisting
with the use of its servers and equipment involved in these
services.
Guildernet's
general policy is to act as a provider of Internet presence.
Guildernet has specific ethical concerns regarding the use
of its computers detailed below. Guildernet reserves the right
to suspend or cancel a customer's access to any or all services
provided by Guildernet when we decide that the account has
been inappropriately used.
Specific
Acceptable Use Policies
Server
abuse
Any
attempt to undermine or cause harm to a server, or customer,
of Guildernet is strictly prohibited.
Unauthorized
use of other people's accounts or computers, Guildernet will
strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such
attempts include "Internet Scamming" (tricking other
people into releasing their passwords), password robbery,
security hole scanning etc.
Any
unauthorized use of accounts or computers by a Guildernet
customer, whether or not the attacked account or computer
belongs to Guildernet, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation,
and civil or criminal legal action, depending on the seriousness
of the attack.
Responsibility
& Respect.
The
Internet is a network intended for use by mature, adult users
(and by minors when supervised by mature adults). The Customer
recognizes this principle and undertakes at all times to act
with respect, courtesy and responsibility, giving due regard
to the interests and rights of other Internet user groups.
This general guideline carries with it the following specific
responsibilities:
Compliance
with Laws - The Customer will ensure that its use of the
Internet complies with all applicable federal, state, and
local laws and regulations, including but not limited to those
principles of law which protect against compromise of copyrights,
trade secrets, proprietary information and other intellectual
property rights, libel or defamation of character, invasion
of privacy, tortious interference, and export of technical
or military data to prohibited countries.
Discretion
and Judgment - The Customer is expected to use discretion
in the treatment and handling of Internet information and
data and to take particular care to insure that adult information
is not transmitted to juvenile users of the Internet.
Improper
Uses - The Customer will avoid violation of certain generally
accepted guidelines on Internet usage such as using a non-existent
email return address on a commercial solicitation, spamming
(sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume
of outgoing email than a normal user), trolling (posting outrageous
messages to generate numerous responses), mailbombing (sending
multiple messages without significant new content to the same
user), subscribing someone else to a mailing list without
that person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization
to enter into a secured computer system. Guildernet reserves
the right to determine what constitutes improper use.
Knowledge
of the Internet - The Customer agrees to obtain a basic
knowledge of the Internet and its operating principles and
procedures. Customer agrees to be fully responsible for all
content. Guildernet shall not be responsible for losses incurred
because of hardware or network failures. Guildernet does provide
backup systems but will not be responsible in any way for
lost content.
Misuse
of System Resources - Customers will not be allowed to
use excessive amounts of CPU, memory, or other resources on
any of our servers or face immediate suspension. This includes
but not limited to employing posts or programs which consume
excessive CPU time or storage space; permitting use of mail
services, mail forwarding capabilities, POP accounts, or autoresponders
other than for the customer's own account; or resale of access
to CGI scripts installed on our servers.
Pornography
- Due to legal and social issues, we will not accept customers
who publish pornographic material. If an existing customer
attempts to have published or E-Mail pornographic material,
Guildernet may issue a warning and/or suspend your account.
If account is suspended due to pornographic violations, there
will be no refunds of fees paid.
Security
- The Customer is required to protect the security of its
Internet account and usage. The Customer's password will be
treated as private and confidential and not disclosed to or
shared with any third parties. Customers conducting online
commerce transactions through their Web sites are responsible
for the security of all such transactions, and shall not hold
Guildernet, its agents, or employees liable for any incidental
or consequential damages which arise from such transactions.
Guildernet recommends the use of SSL and PGP (or another encryption/decryption
tool), but does not provide any warranty or guarantee for
these products.
Validation
of Information - The Customer is responsible for validating
the integrity of the information and data it receives or transmits
over the Internet.
Abuse
of Access
To
maintain the integrity of our service the following limitations
apply:
Guildernet
will be the sole arbiter as to what constitutes a violation
of this provision.
Commercial
advertisements with e-mail Unsolicited commercial advertisements
are not allowed in e-mail, and will likely result in account
suspension or cancellation.
Commercial
advertisements are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate posting may
result in account suspension or cancellation. See the newsgroup
or mailing list's charter for whether advertising is allowed
or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical
and will be treated as such.
Sending
a message, especially an advertisement, to more than five
or six recipients, is by itself spamming unless the individuals
have specifically requested to be added to a mailing list
on that topic. E-mail is a person-to-person medium, not a
broadcast medium.
Background
Running Programs
We
may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge will
be incurred based on system resources used and operational
maintenance needed.
IRC
We
currently do not allow IRC or IRC bots to be operated on our
servers.
Payment
Policies
Setup
fees are charged for all new accounts and major account changes
and are non-refundable. Guildernet reserves the right to change
prices at any time, unless other terms have been agreed upon.
Any account not brought current within a week (7 days) of
e-mail notice or exceeding this time frame in any way is subject
to suspension. The customer is responsible for all money owed
on the account from the time it was established to the time
that the customer notifies Guildernet in writing for a request
for termination of services. All payment is in U.S. currency.
Cancellation
Guildernet
reserves the right to cancel service at any time. Any fees
paid in advance of cancellation will be pro-rated and paid
by Guildernet if Guildernet institutes it's right of cancellation.
Any violation of policies which results in extra costs will
be billed to the customer (i.e. transfer, space etc.)
All
of Guildernet's web hosting plans are backed by a 30 day money
back guarantee. If you are not completely satisfied with our
services or support within the first 30 days of your contract,
you will be given a full refund of the contract amount excluding
setup fees, design fees and overages provided that we are
contacted in writing prior to the 20th day of your contract.
Due to security concerns, all account cancellations must be
done in writing via US mail or fax with a valid signature
of the primary contact of the account, account name, reason
for cancellation. Phone requests will not constitute acceptance
of any cancellation.
Lawful
Purpose
Guildernet
reserves the right to refuse service to anyone. Customers
may only use Guildernet server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited
to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets. Guildernet
expressly forbids anyone from using Guildernet servers for
the propagation, distribution, housing, processing, storing,
or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which we deem to be objectionable,
including, but not limited to, pornography, satanic materials,
and any and all materials of an adult nature. The designation
of any materials as such described above is left entirely
to the discretion of Guildernet management.
Indemnification
Customer
agrees that it shall defend, indemnify, save and hold Guildernet
harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted
against Guildernet, its agents, its customers, officers and
employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold
by customer, it's agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless Guildernet against
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with Guildernet's server; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any defective
products sold to customer from Guildernet's server.
Disclaimer
Guildernet
will not be responsible for any damages your business may
suffer. Guildernet makes no warranties of any kind, expressed
or implied for services we provide. Guildernet disclaims any
warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by Guildernet and its employees. Guildernet reserves the right
to revise its policies at any time.
All
Sub-Networks, resellers and dedicated servers of Guildernet
must adhere to the above policies.
Failure
to follow any term or condition will be grounds for immediate
account deactivation.
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