ACCEPTABLE USE POLICY
As a web site hosting, and other Internet-related services, CapitalSites offers its customers, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. CapitalSites respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, CapitalSites reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, CapitalSites 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 CapitalSites' services. This AUP will be revised from time to time. A customer's use of CapitalSites' services after changes to the AUP are posted on CapitalSites' web site, www.capitalsites.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 CapitalSites cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the customer 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 CapitalSites cannot monitor or censor the Internet, and will not attempt to do so, CapitalSites cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they also must keep in mind that CapitalSites does not review, edit, censor, or take responsibility for any information its customers 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 CapitalSites' network and may reach a large number of people, including both customers and noncustomers of CapitalSites, customers' postings to the Internet may affect other subscribers and may harm CapitalSites' goodwill, business reputation, and operations. For these reasons, customers violate CapitalSites 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 CapitalSites, but also because it can overload CapitalSites' network and disrupt service to CapitalSites customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CapitalSites 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. CapitalSites is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also CapitalSites' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using CapitalSites' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CapitalSites is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through CapitalSites' network.
Defamatory or Abusive Language -- Using CapitalSites' 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 -- CapitalSites 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 CapitalSites 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 customer. CapitalSites will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with CapitalSites policy or applicable law. When CapitalSites 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.
CapitalSites also is aware that many of its customers are, themselves, providers of Internet services, and that information reaching CapitalSites' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. CapitalSites does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. CapitalSites has the right to directly take action against a customer of a subscriber. Also, CapitalSites may take action against the CapitalSites customer because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, CapitalSites anticipates that subscribers who offer Internet services will cooperate with CapitalSites in any corrective or preventive action that CapitalSites deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CapitalSites policy.
CapitalSites 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, CapitalSites urges its subscribers to assume that all of their on-line communications are insecure. CapitalSites cannot take any responsibility for the security of information transmitted over CapitalSites' facilities.
CapitalSites will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. CapitalSites may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CapitalSites 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. CapitalSites 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, CapitalSites may disclose customer information or information transmitted over its network where necessary to protect CapitalSites and others from harm, or where such disclosure is necessary to the proper operation of the system. |
