As a provider of technology solutions, including web site hosting, computer networking, and other Internet-related services, Shaner.Net Inc. is committed to offering quality tools and support to its clients, as well as their customers and users. Shaner.Net Inc. reserves the right to take certain preventative or corrective actions when necessary. In order to uphold these commitments, Shaner.Net Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended for use as a guide to the customer's rights and obligations when utilizing Shaner.Net Inc.’s services. This AUP will occasionally be revised. A customer's use of Shaner.Net Inc.’s services after changes to the AUP are posted on Shaner.Net Inc.’s web site, www.shaner.net, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
It is important that our clients keep in mind that Shaner.Net
Inc. does not review, edit, censor, or take responsibility for any information
its clients 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 transferred over Shaner.Net Inc.’s network and may reach
a large number of people, including both clients and non-clients of Shaner.Net
Inc., clients' postings to the Internet may affect other clients and may
harm Shaner.Net Inc.’s goodwill, business reputation, and operations.
For these reasons, clients violate Shaner.Net Inc. policy and the service
agreement when they, their customers, affiliates, or subsidiaries engage
in the following prohibited activities:
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 Shaner.Net Inc., but also because it can overload Shaner.Net Inc.'s network and disrupt service to Shaner.Net Inc. clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Shaner.Net Inc. has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail 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. Shaner.Net Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Shaner.Net Inc.’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Because the Internet is a global communication tool, it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Shaner.Net Inc. has been forced to create its no adult sites policy for its virtual server users.
What does Shaner.Net Inc. consider "Adult Material?"
Any site whose revenue is gained in part or whole from its
Bandwidth and Resources – Adult sites can get hundreds, sometimes thousands, more hits than standard websites and a higher rate of data transferred. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites on our servers. To maintain the same level of speed and service, we would have to purchase additional bandwidth, thus forcing an increase in our client’s rates. We work very hard to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not allowed.
Shaner.Net Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before committing to our services.
Defamatory or Abusive Language
Using Shaner.Net Inc.’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 (also 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).
Background Running Programs
Background Daemons in general are prohibited on Shaner.Net Inc. servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Shaner.Net Inc. will be the sole arbitor of what consitutes a violation of the above policy.
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.
Shaner.Net Inc. 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.
Engaging in activities, whether lawful or unlawful, that Shaner.Net Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the client. Shaner.Net Inc. will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Shaner.Net Inc. policy or applicable law. When Shaner.Net Inc. 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.
Shaner.Net Inc. 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. However, Shaner.Net Inc. urges its clients to assume that all of their on-line communications are insecure. Shaner.Net Inc. cannot take any responsibility for the security of information transmitted over Shaner.Net Inc.’s facilities.
Shaner.Net Inc. will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Shaner.Net Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Shaner.Net Inc. may disclose information, including but not limited to, information concerning a client, 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. Shaner.Net Inc. assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Shaner.Net Inc. may disclose client information or information transmitted over its network where necessary to protect Shaner.Net Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Shaner.Net Inc. and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to email@example.com.