Acceptable Use Policy (AUP) (Agreement)
Version:101
As a provider of Internet access, web site
hosting, and other Internet-related services, Bolton E. Trading 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. Bolton E. Trading respects that the Internet
provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, Bolton E.
Trading reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, Bolton E. Trading
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 Bolton E. Trading's services. This AUP will be revised from time
to time. A customer's use of Bolton E. Trading's services after changes to
the AUP are posted on Bolton E. Trading's web site,
www.bolton-etrading.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 Bolton E. Trading 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 Bolton E. Trading cannot monitor or censor the Internet,
and will not attempt to do so, Bolton E. Trading 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 Bolton E. Trading
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 Bolton E. Trading's network and may reach a large
number of people, including both subscribers and nonsubscribers of Bolton E.
Trading, subscribers' postings to the Internet may affect other subscribers
and may harm Bolton E. Trading's goodwill, business reputation, and
operations. For these reasons, subscribers violate Bolton E. Trading 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 Bolton E. Trading, but also because it can
overload Bolton E. Trading's network and disrupt service to Bolton E.
Trading subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Bolton E. Trading 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. Bolton
E. Trading is required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement. It is also Bolton
E. Trading's policy to terminate the privileges of customers who commit
repeat violations of copyright laws.
Obscene Speech or Materials
-- Using Bolton E. Trading's network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech or
material. Bolton E. Trading is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on or
being transmitted through Bolton E. Trading's network.
Defamatory or Abusive Language
-- Using Bolton E. Trading'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).
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
-- Bolton E. Trading 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 Bolton E.
Trading 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. Bolton E. Trading will not, as an ordinary practice, monitor the
communications of its subscribers to ensure that they comply with Bolton E.
Trading policy or applicable law. When Bolton E. Trading 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.
Bolton E. Trading also is aware that many of
its subscribers are, themselves, providers of Internet services, and that
information reaching Bolton E. Trading's facilities from those subscribers
may have originated from a customer of the subscriber or from another
third-party. Bolton E. Trading does not require its subscribers who offer
Internet services to monitor or censor transmissions or web sites created by
customers of its subscribers. Bolton E. Trading has the right to directly
take action against a customer of a subscriber. Also, Bolton E. Trading may
take action against the Bolton E. Trading subscriber because of activities
of a customer of the subscriber, even though the action may effect other
customers of the subscriber. Similarly, Bolton E. Trading anticipates that
subscribers who offer Internet services will cooperate with Bolton E.
Trading in any corrective or preventive action that Bolton E. Trading deems
necessary. Failure to cooperate with such corrective or preventive measures
is a violation of Bolton E. Trading policy.
Bolton E. Trading 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,
Bolton E. Trading urges its subscribers to assume that all of their on-line
communications are insecure. Bolton E. Trading cannot take any
responsibility for the security of information transmitted over Bolton E.
Trading's facilities.
Bolton E. Trading 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. Bolton E. Trading may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, Bolton E. Trading 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. Bolton E. Trading 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, Bolton E. Trading
may disclose subscriber information or information transmitted over its
network where necessary to protect Bolton E. Trading and others from harm,
or where such disclosure is necessary to the proper operation of the system.
Bolton E. Trading 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 Bolton E.
Trading policy. Finally, Bolton E. Trading wishes to emphasize that in
signing the service agreement, subscribers indemnify Bolton E. Trading for
any violation of the service agreement, law, or Bolton E. Trading policy,
that results in loss to Bolton E. Trading or the bringing of any claim
against Bolton E. Trading by any third-party. This means that if Bolton E.
Trading is sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded against Bolton E.
Trading, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the
obligations of Internet users.
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