Full Text of the Acceptable Use Policy (AUP)
As a provider of Internet access, web site hosting, and other Internet-related services, WEBADO.NET 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. WEBADO.NET respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WEBADO.NET reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WEBADO.NET has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective customer agreement and is intended as a guide to the customer's rights and obligations when utilizing WEBADO.NET's services. This AUP will be revised from time to time. A customer's use of WEBADO.NET's services after changes to the AUP are posted on WEBADO.NET's web site, www.WEBADO.NET, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
Access to the Internet through the WEBADO.NET is a privilege, not a right, and carries with it certain responsibilities and duties. Our goal in establishing this Acceptable Use Policy (AUP) is to protect both our users and the larger Internet community from the consequences of irresponsible use of WEBADO.NET accounts and resources. WEBADO.NET AUP chiefly prohibits:
- acts that are illegal,
- acts that violate generally accepted standards for online behaviour,
- acts that misuse WEBADO.NET resources to the detriment of other users.
All customers, clients, and users of the WEBADO.NET are required to comply with this Policy. All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
- Adult content is not allowed. This includes, but is not limited to, pornographic images, text, and sound files.
- IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden
- SMTP service is offered on web hosting accounts
- Spam is strictly forbidden. Any instances of spam relating to your web site will result in account deactivation and a fine for each complaint we receive
- Sites which place an unreasonable load on the server due to excessive CGI scripts, etc. will be suspended and we will ask the owner to reduce the site load or move to a dedicated server.
- Hate literature, material in violation of copyright laws, and other illegal material are not permitted.
- An up to date list of scripts that are not permitted on our service can be found here
- CGI is not available/permitted on any of our virtual hosting plans
Use of the WEBADO.NET's service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Clients accept that they will not use their accounts illegally. Reports to WEBADO.NET about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our TOS will not receive a refund on their account.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your WEBADO.NET account:
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of WEBADO.NET, its parent, affiliates and subsidiaries;
- To break security on any computer network, or to access an account which does not belong to you; or
- In a manner which interferes with other customers' use and enjoyment of the services provided by WEBADO.NET.
The WEBADO.NET reserves sole discretion to determine whether any use of the service is a violation of this policy.
The billing cycle runs from the from the date you bought the account, to the same day the following year/month. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month. Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply. Pre-authorized Payment by credit card or automatic bank debit is the preferred method of payment. Payment is due by the first of the month or upon receipt of any invoice. Refunds will be given at the discretion of the Company Management
Refunds will not be prorated. If your account exceeds the 15 days, and you have cancelled your service you will not be eligible to receive a refund. Domain names are non refundable.
WEBADO.NET may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle, and are subject to a 2% per month service charge (24 % per annum). Accounts that are delinquent for two accounting cycles are put on "accounting hold" their files archived and access denied. WEBADO.NET accounts continue to accrue charges while they are on hold. Accounts that are unpaid for three accounting cycles have their files purged There is a service reconnection charge equal to one half the currently charged set-up fee, or ten dollars, whichever is greater, to remove accounts from accounting hold status. The account holder acknowledges responsibility for the account until payment in full is made. There is a $20.00 service charge for each returned check. An automatic reminder has been programmed into your account to notify you when your account is about to expire.
Cancellation requests for WEBADO.NET accounts must be received by email one month before the next billing cycle. Cancellation requests take effect immediately, Refunds are at the sole discretion of Management.
WEBADO.NET accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of WEBADO.NET systems or networks. WEBADO.NET reserves the right to terminate or limit such activities.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. WEBADO.NET is not responsible for Customer's files residing on the WEBADO.NET. Customer is responsible for independent backup of all such data at a site determined by customer. WEBADO.NET cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. WEBADO.NET is in no way responsible for any data loss or damage arising from viral infection from the Internet. WEBADO.NET and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, WEBADO.NET Internet Services. WEBADO.NET will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via WEBADO.NET Internet Services is at your sole risk. WEBADO.NET specifically disclaims any responsibility for the accuracy or quality of information obtained through WEBADO.NET's Internet Services. As a user you are warned that some Internet sites accessible via the WEBADO.NET allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. WEBADO.NET is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. WEBADO.NET network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless WEBADO.NET from any claims resulting from your use of the service that damages you or another party. Any access to other networks through WEBADO.NET and our network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. WEBADO.NET and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall WEBADO.NET be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if WEBADO.NET has been informed of the possibility of such damages, or for any claim by any other party.
WEBADO.NET reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this WEBADO.NET Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of WEBADO.NET network after such notice shall constitute Customer acceptance of such modifications. Customer understands that WEBADO.NET services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.
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 WEBADO.NET 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 WEBADO.NET cannot monitor or censor the Internet, and will not attempt to do so, WEBADO.NET 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 WEBADO.NET 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 WEBADO.NET's network and may reach a large number of people, including both subscribers and non subscribers of WEBADO.NET, subscribers' postings to the Internet may affect other subscribers and may harm WEBADO.NET's goodwill, business reputation, and operations. For these reasons, subscribers violate WEBADO.NET policy and the customer agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
- knowingly interfere with the lawful use by others of any Service;
- modify, reverse engineer or, decompile, disassemble, or create derivative works based on software provided by WEBADO.NET or any WEBADO.NET service provider or supplier unless expressly permitted;
- use the WEBADO.NET name, logo or trademark in any promotional materials, contracts, bills, or similar names or documents, or in association with the Customer's products or services without the express written authorization of WEBADO.NET;
- use the Services to invade the privacy of third parties, impersonate WEBADO.NET personnel or other WEBADO.NET customers or tend to damage the name or reputation of WEBADO.NET, its affiliates or agents;
- solicit WEBADO.NET customers to patronize competing services;
- Intentional Harm -- cause or intentionally damage WEBADO.NET systems or other networks through WEBADO.NET systems or use any process, program, or tool via the Services for the purposes of guessing, deriving or in any other way attempting to obtain the passwords of WEBADO.NET, its service providers or customers of WEBADO.NET or any other service provider;
- 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 WEBADO.NET, but also because it can overload WEBADO.NET's network and disrupt service to WEBADO.NET subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WEBADO.NET has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
- Hacking -- use the Services to engage in the practice of hacking or any other unauthorized attempt to access or otherwise gain entry to the filter systems or network of WEBADO.NET, its customers, service providers or any other third party;
- 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. WEBADO.NET is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WEBADO.NET's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- Obscene Speech or Materials -- Using WEBADO.NET's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. WEBADO.NET is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WEBADO.NET's network.
- Defamatory or Abusive Language -- Using WEBADO.NET'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). This specifically includes any attempt to violate or tamper with the security of any computer, equipment or program belonging to WEBADO.NET or any other service provider participating with or connected to WEBADO.NET Services;
- 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.
- 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, mail bombing, denial of service attacks, and piracy of software.
- Usenet Groups -- WEBADO.NET 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 WEBADO.NET 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. WEBADO.NET will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WEBADO.NET policy or applicable law. When WEBADO.NET 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.
WEBADO.NET 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, WEBADO.NET urges its subscribers to assume that all of their on-line communications are insecure. WEBADO.NET cannot take any responsibility for the security of information transmitted over WEBADO.NET's facilities.
WEBADO.NET 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. WEBADO.NET may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WEBADO.NET 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. WEBADO.NET 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, WEBADO.NET may disclose subscriber information or information transmitted over its network where necessary to protect WEBADO.NET and others from harm, or where such disclosure is necessary to the proper operation of the system.
WEBADO.NET 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 WEBADO.NET policy. Finally, WEBADO.NET wishes to emphasize that in accepting the customer agreement, subscribers indemnify WEBADO.NET for any violation of the customer agreement, law, or WEBADO.NET policy, that results in loss to WEBADO.NET or the bringing of any claim against WEBADO.NET by any third-party. This means that if WEBADO.NET is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WEBADO.NET, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including WEBADO.NET and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@WEBADO.NET.
Best regards from the WEBADO.NET Administration