Acceptable Use Policy
As a provider of Internet access, web site hosting, and other
Internet-related services, Ledbetter Systems 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. Ledbetter Systems respects
that the Internet provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, Ledbetter Systems
reserves the right to take certain preventative or corrective actions. In order to protect
these competing interests, Ledbetter Systems 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 Ledbetter Systems' services. This AUP will be revised from time
to time. A customer's use of Ledbetter Systems' services after changes to the AUP are
posted on Ledbetter Systems' web site, www.LedbetterSystems.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 Ledbetter
Systems 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 Ledbetter Systems cannot monitor or censor the Internet, and
will not attempt to do so, Ledbetter Systems 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 Ledbetter Systems 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 Ledbetter
Systems' network and may reach a large number of people, including both subscribers and
nonsubscribers of Ledbetter Systems, subscribers' postings to the Internet may affect
other subscribers and may harm Ledbetter Systems' goodwill, business reputation, and
operations. For these reasons, subscribers violate Ledbetter Systems 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 Ledbetter Systems, but also because it can overload Ledbetter
Systems' network and disrupt service to Ledbetter Systems subscribers. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received, Ledbetter Systems has the
discretion to determine from all of the evidence whether the email recipients were from an
"opt-in" email list.
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. Ledbetter Systems is required by
law to remove or block access to customer content upon receipt of a proper notice of
copyright infringement. It is also Ledbetter Systems' policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Ledbetter Systems' network to advertise,
transmit, store, post, display, or otherwise make available child pornography or obscene
speech or material. Ledbetter Systems is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on or being
transmitted through Ledbetter Systems network.
Defamatory or Abusive Language -- Using Ledbetter Systems' 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).
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 -- Ledbetter Systems 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
Ledbetter Systems 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. Ledbetter Systems will not,
as an ordinary practice, monitor the communications of its subscribers to ensure that they
comply with Ledbetter Systems policy or applicable law. When Ledbetter Systems 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.
Ledbetter Systems also is aware that many of its subscribers are, themselves, providers
of Internet services, and that information reaching Ledbetter Systems's facilities from
those subscribers may have originated from a customer of the subscriber or from another
third-party. Ledbetter Systems does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites created by customers of its
subscribers. Ledbetter Systems has the right to directly take action against a customer of
a subscriber. Also, Ledbetter Systems may take action against the Ledbetter Systems
subscriber because of activities of a customer of the subscriber, even though the action
may effect other customers of the subscriber. Similarly, Ledbetter Systems anticipates
that subscribers who offer Internet services will cooperate with Ledbetter Systems in any
corrective or preventive action that Ledbetter Systems deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation of Ledbetter Systems
policy.
Ledbetter Systems 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, Ledbetter Systems
urges its subscribers to assume that all of their on-line communications are insecure.
Ledbetter Systems cannot take any responsibility for the security of information
transmitted over Ledbetter Systems's facilities.
Ledbetter Systems 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. Ledbetter Systems may, however, monitor its service
electronically to determine that its facilities are operating satisfactorily. Also,
Ledbetter Systems 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. Ledbetter Systems 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, Ledbetter Systems may disclose
subscriber information or information transmitted over its network where necessary to
protect Ledbetter Systems and others from harm, or where such disclosure is necessary to
the proper operation of the system.
Ledbetter Systems 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 Ledbetter
Systems policy. Finally, Ledbetter Systems wishes to emphasize that in signing the service
agreement, subscribers indemnify Ledbetter Systems for any violation of the service
agreement, law, or Ledbetter Systems policy, that results in loss to Ledbetter Systems or
the bringing of any claim against Ledbetter Systems by any third-party. This means that if
Ledbetter Systems is sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded against Ledbetter Systems, plus
costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including
Ledbetter Systems and its subscribers, as responsible members of the Internet. Any
complaints about a subscriber's violation of this AUP should be sent to abuse@ledbettersystems.com
© 2002, Ledbetter Systems, Inc.
All Rights Reserved
|
