Web Hosting Acceptable Use Policy
Revision date: October 19, 2011
As a provider of web site hosting and other Internet-related services, Intelligent
Choice of WNY, LLC offers its customer (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. Intelligent Choice of WNY, LLC
respects that the Internet provides a forum for free and open discussion and dissemination
of information. However, when there are competing interests at issue, Intelligent
Choice of WNY, LLC reserves the right to take certain preventive or corrective actions.
In order to protect these competing interests, Intelligent Choice of WNY, LLC 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 using Intelligent
Choice of WNY, LLC' services. This AUP will be revised from time to time.
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 it, 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
Intelligent Choice of WNY, LLC cannot monitor, verify, warrant or vouch for the
accuracy and quality of the information they 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 may
be sexually explicit or otherwise offensive. Because Intelligent Choice of WNY,
LLC cannot monitor or censor the Internet, and will not attempt to do so, Intelligent
Choice of WNY, LLC cannot accept any responsibility for injury to its subscribers
resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind
that Intelligent Choice of WNY, LLC 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 created is carried
over Intelligent Choice of WNY, LLC' network and may reach a large number of people,
including both subscribers and non-subscribers of Intelligent Choice of WNY, LLC,
subscribers' postings to the Internet may affect other subscribers and may affect
Intelligent Choice of WNY, LLC' goodwill, business, reputation or operations. For
these reasons, subscribers violate Intelligent Choice of WNY, LLC 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 information over the Internet. It is
not only harmful because of its negative impact on consumer attitudes toward Intelligent
Choice of WNY, LLC, but also because it can overload Intelligent Choice of WNY,
LLC' network and disrupt service to Intelligent Choice of WNY, LLC' subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint is received,
Intelligent Choice of WNY, LLC will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the person initiating
the SPAM. Furthermore Intelligent Choice of WNY, LLC reserves the right to prosecute
for this violation. A $1.00 charge will be assessed PER EMAIL sent should Intelligent
Choice of WNY, LLC choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Intelligent Choice of WNY,
LLC does not allow any streaming of audio or video content. Offending accounts will
be suspended without noticed or terminated.
Adult-Oriented Content:
Intelligent Choice of WNY, LLC does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
Intelligent Choice of WNY, LLC is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed to be
available for the sole purpose of download. Such files include but are not limited
to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against
this policy, please e-mail webmaster@icofwny.com.
Obscene Speech or Materials:
Using Intelligent Choice of WNY, LLC' network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech or material
is prohibited. Intelligent Choice of WNY, LLC is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on or being
transmitted through its network.
Defamatory or Abusive Language:
Using Intelligent Choice of WNY, LLC' network as a means to transmit or post negative,
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 may 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, 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.
Facilitation 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.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside
the United States.
Usenet Groups:
Intelligent Choice of WNY, LLC 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, but not limited
to, 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 Intelligent Choice of WNY,
LLC determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just
described rests primarily with the subscriber. Intelligent Choice of WNY, LLC will
not, as an ordinary practice, monitor the communications of its subscribers to ensure
that the comply with Intelligent Choice of WNY, LLC' policy or applicable law. However,
when Intelligent Choice of WNY, LLC becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited to, removal
of information, shutting down a web site, implementing screening software designed
to block offending transmissions, denying access to the Internet, or any other action
deemed appropriate by Intelligent Choice of WNY, LLC.
Intelligent Choice of WNY, LLC is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching Intelligent Choice
of WNY, LLC' facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. Intelligent Choice of WNY, LLC does
not require its subscribers who offer Internet services to monitor or censor transmissions
or web sites created by customers of its subscribers. Intelligent Choice of WNY,
LLC reserves the right to directly take action against a customer of its subscribers.
Also, Intelligent Choice of WNY, LLC may take action against the Intelligent Choice
of WNY, LLC' subscriber because of activities of a customer of the subscriber, even
though the action may affect other customers of the subscriber. Similarly, Intelligent
Choice of WNY, LLC anticipates that subscribers who offer Internet services will
cooperate with Intelligent Choice of WNY, LLC in any corrective or preventive action
that Intelligent Choice of WNY, LLC deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of Intelligent Choice of WNY, LLC
policy.
Intelligent Choice of WNY, LLC will not intentionally monitor private electronic
mail messages sent or receive by its subscribers, unless required to do so by law,
governmental authority or when public safety is at stake. Intelligent Choice of
WNY, LLC may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Intelligent Choice of WNY, LLC 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. Intelligent Choice of WNY, LLC assumes not 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, Intelligent Choice
of WNY, LLC may disclose subscriber information or information transmitted over
its network where necessary to protect Intelligent Choice of WNY, LLC and others
from harm, or where such disclosure is necessary to the proper operation of the
system. However, Intelligent Choice of WNY, LLC will never sell information to other
services or outside companies.
Intelligent Choice of WNY, LLC expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those laws will
violate Intelligent Choice of WNY, LLC policy. Finally, Intelligent Choice of WNY,
LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify
Intelligent Choice of WNY, LLC for any violation of the Service Agreement, law or
Intelligent Choice of WNY, LLC policy resulting in loss to Intelligent Choice of
WNY, LLC or the bringing of any claim against Intelligent Choice of WNY, LLC by
any third party. This means that, if Intelligent Choice of WNY, LLC is sued because
of a subscriber's or customer of a subscriber's activity, the subscriber will be
responsible for payment of any damages awarded against Intelligent Choice of WNY,
LLC, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including
Intelligent Choice of WNY, LLC and its subscribers, as responsible members of the
Internet. Any complaints about a subscriber's violation of this AUP should be sent
to webmaster@icofwny.com.