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FirmEdge Internet
Acceptable Use Policy
Terms Of Service
(“AUP”)
This AUP governs the use of FirmEdge’s web hosting service.
Violation of this AUP may result in suspension or termination
of your service. In the event of a dispute between you and FirmEdge
regarding the interpretation of this AUP, FirmEdge’s interpretation,
in its reasonable commercial judgment, shall govern. If you have
any questions regarding this AUP, please contact us via our Support Portal.
Offensive Content
You may not publish or transmit via FirmEdge’s service any
content that FirmEdge reasonably believes:
- constitutes child pornography
- constitutes pornography
- is excessively violent, incites violence, threatens violence,
or contains harassing content or hate speech
- is unfair or deceptive under the consumer protection laws
of any jurisdiction, including chain letters and pyramid schemes
- is defamatory or violates a person’s privacy
- creates a risk to a person’s safety or health, creates
a risk to public safety or health, compromises national security,
or interferes with a investigation by law enforcement
- improperly exposes trade secrets or other confidential or
proprietary information of another person
- is intended to assist others in defeating technical copyright
protections
- clearly infringes on another person’s trade or service
mark, patent, or other property right
- promotes illegal drugs, violates export control laws, relates
to illegal gambling, or illegal arms trafficking
- is otherwise illegal or solicits conduct that is illegal under
laws applicable to you or to FirmEdge
- is otherwise malicious, fraudulent, or may result in retaliation
against FirmEdge by offended viewers
Content “published or transmitted” via FirmEdge’s
service includes Web content, e-mail, bulletin board postings,
chat, and any other type of posting or transmission that relies
on any Internet service provided by FirmEdge.
Security
You must take reasonable security precautions. You must protect
the confidentiality of your password, and you should change
your password periodically.
Bulk Commercial E-Mail
You must obtain FirmEdge’s advance approval for any bulk
commercial e-mail, which will not be given unless you are able
to demonstrate all of the following to FirmEdge’s reasonable
satisfaction:
- Your intended recipients have given their consent to receive e-mail
via some affirmative means, such as an opt-in procedure
- Your procedures for soliciting consent include reasonable means
to ensure that the person giving consent is the owner of the e-mail
address for which the consent is given
- You retain evidence of the recipient’s consent in a form
that may be promptly produced on request, and you honor recipient’s
and FirmEdge’s requests to produce consent evidence within
72 hours of receipt of the request
- The body of the e-mail must describe how the e-mail address was
obtained, for example, “You opted in to receive this e-mail
promotion from our Web site or from one of our partner sites,”
and information on how to request evidence of the consent, for
example, “If you would like to learn more about how we received
your e-mail address please contact us at abuse@yourdomain.com
- You have procedures in place that allow a recipient to easily
revoke their consent – such as a link in the body of the
e-mail, or instructions to reply with the word “Remove”
in the subject line. Revocations of consent are honored within
72 hours, and you notify recipients that their revocation of their
consent will be honored in 72 hours
- You must post an abuse@yourdoman.com
e-mail address on the first page of any Web site associated with
the e-mail, you must register that address at abuse.net, and you
must promptly respond to messages sent to that address
- You must have a Privacy Policy posted for each domain
associated with the mailing
- You have the means to track anonymous complaints
- You may not obscure the source of your e-mail in any manner.
Your e-mail must include the recipients e-mail address in the
body of the message or in the “TO” line of the e-mail;
and
- You otherwise comply with the CAN SPAM Act and other applicable
law
These policies apply to messages sent using your FirmEdge service,
or to messages sent from any network by you or any person on your
behalf that directly or indirectly refer the recipient to a site
hosted via your FirmEdge service. In addition, you may not use
a third party e-mail service that does not practice similar procedures
for all its customers.
FirmEdge may test and otherwise monitor your compliance with its
requirements, including requesting opt-in information from a random
sample of your list at any time.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually,
to any person who has indicated that they do not wish to receive
it.
You must comply with the rules of any other network you access or
participate in using your FirmEdge’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner
any music, software, art, or other work protected by copyright
law unless:
Copyright Infringement Notice (Digital Millennium Copyright
Act)
If you believe your copyright is being infringed by a person using
the FirmEdge network, please contact us using our helpdesk.
Your notice must include the following:
- Identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted words at a single site
are covered by a single notification, a representative list of
such works at that site
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit FirmEdge to locate the material
- Information reasonably sufficient to permit FirmEdge to
contact you, such as an address, telephone number, and, if available,
an e-mail address
- A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized
by the copyrigh
t owner, the copyright owner’s agent, or
the law
- A statement that the information in the notification is
accurate, and under penalty of perjury that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior,
including:
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures (including those belonging to FirmEdge and its customers)
without express authorization of the owner of the system or network
- monitoring data or traffic on any network or system without
the authorization of the owner of the system or network
- Interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks
- Use of an Internet account or computer without the owner’s
authorization, including, but not limited to Internet scanning
(tricking other people into releasing their passwords), password
robbery, security hole scanning, and port scanning
- Forging of any TCP-IP packet header or any part of the
header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against
the FirmEdge’s network
- Use of FirmEdge’s network in a way that unreasonably
interferes with FirmEdge’s other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to
any bulletin board, chat group or other forum in which you participate,
such as IRC and USENET groups including their rules for content
and commercial postings. These groups usually prohibit the posting
of off-topic commercial messages, or mass postings to multiple
forums.
Server Resources
If your account is found to be taking up to much of a servers resources,
you will be asked to be moved to a higher plan or a dedicated server.
FirmEdge Internet's decision is final on server resources.
BitTorrent Trackers
We will not host bittorrent trackers on our server's that help users to
distribute copyrighted files. That includes but is not limited to
music, mp3, dvd, warez, etc. trackers.
If you intend to host a legal bittorrent tracker please contact us
first before signing up.
Other
You must have valid and current information on file with your
domain name registrar for any domain hosted on the FirmEdge network.Disclaimer
FirmEdge is under no duty, and does not by this TOS undertake
a duty, to monitor or police our customers’ activities and
disclaims any responsibility for any misuse of the FirmEdge network. Inquiries
regarding this policy should be directed to us via our Support Portal.
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Our servers.
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