ACCEPTABLE USE POLICY
INTRODUCTION
This document defines the Acceptable Use Policy ("Policy") for products
and services provided by ComputAbility LLC d/b/a Leavenworth.Net,
a Washington State Limited Liability Company, ("Leavenworth.Net")
to all of its clients and its clients' users (collectively, "Client").
This Policy will ensure the integrity, security, reliability and
privacy of Leavenworth.Net, systems, products, services, server
hosting facilities and data contained within. Client is responsible
for continual compliance of this Policy.
UNSOLICITED AND BULK COMMUNICATIONS ("SPAM")
Sending, or attempting to send, unsolicited e-mail messages, bulk
commercial advertising or informal announcements to one or more
groups ("Spam") is strictly prohibited. Spam is not only annoying
to Internet users; it violates many state and local laws and seriously
affects the efficiency and cost-effectiveness of Leavenworth.Net.
These unsolicited messages can lead to industry blacklisting of
your business, interruption of your mission-critical e-mail service,
and termination of service without refund.
Specifically, Client may not:
- Send, or attempt to send, Spam or bulk messages of any kind from
Leavenworth.Net
- Send, or attempt to send, Spam or bulk messages of any kind from
a non-Leavenworth.Net using a return email address that is hosted
on Leavenworth.Net, or referencing an email address hosted on Leavenworth.Net
- Send e-mail messages which are excessive and/or intended to harass
or annoy others
- Continue to send e-mail to a recipient that has indicated that
he/she does not wish to receive it
- Intentionally omit, delete, forge or misrepresent transmission
information, including headers, return addresses information
- Take any other actions intended to cloak the Client's identity
or contact information
In the absence of positive, verifiable proof to the contrary, Leavenworth.Net
considers complaints by recipients of e-mails to be de-facto proof
that the recipient did not subscribe or otherwise request the e-mail(s)
about which a complaint was generated.
SECURITY
Client is prohibited from violating, or attempting to violate, the
security of Leavenworth.Net. Any violations may result in criminal
and civil liabilities to the Client. Leavenworth.Net will investigate
any alleged violations and will cooperate with law enforcement agencies
if a criminal violation is suspected. Examples of violations of
the security of Leavenworth.Net include, without limitation, the
following:
- Accessing data not intended for such Client
- Logging into a server or account which the Client is not authorized
to access
- Attempting to probe, scan or test the vulnerability of a system
- Breach security or authentication measures
- Attempting to interfere with service to any user, host or network
including, without limitation, via means of overloading, "flooding,"
"mail-bombing," or "crashing"
- Taking any action in order to obtain services to which the Client
is not entitled
ILLEGAL USE
Leavenworth.Net may only be used for lawful purposes. For example,
Client may not use Leavenworth.Net to create, transmit, distribute,
or store material that:
- Violates a trademark, copyright, trade secret or other intellectual
property rights of others
- Violates the privacy, publicity or other personal rights of others
- Impairs the privacy of communications
- Contains obscene, offensive or inappropriate content
- Constitutes pornography
- May be threatening, abusive or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal offense or
give rise to civil liability
- Causes technical disturbances to Leavenworth.Net, including, but
not limited to, introduction of any viruses, Trojan horses, worms,
time bombs, cancel bots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information
- Violates reasonable regulations of Leavenworth.Net or other service
providers with respect to the network
- Constitutes deceptive on-line marketing.
- Assist or permit any persons in engaging in any of the activities
described above
If Client becomes aware of any such activities, Client is obligated
to immediately notify Leavenworth.Net and take all other appropriate
actions to cause such activities to cease.
CONTENT
Leavenworth.Net provides any web site links as Internet navigation
tools for informational purposes only and not as an endorsement.
Leavenworth.Net does not adopt, nor warrant the accuracy of the
content of any linked Web site and undertakes no responsibility
to update the content. Use of any information obtained via Leavenworth.Net
is at Client's own risk. Leavenworth.Net does not screen web-based
communications and is not responsible for screening or monitoring
content used by Client.
ARCHIVAL
Client agrees that sent and received e-mail messages and server
transaction log files may be archived and kept offline for an indefinite
period of time both to investigate violations of this policy and
to be provided to law enforcement officials should they be required
for investigation. Clients using e-mail service acknowledge that
their e-mail communications may be actively monitored from time
to time in order to prevent SPAM, e-mail based fraud, and illegal
activity originating from Leavenworth.Net servers.
CONSEQUENCES OF UNACCEPTABLE USE
Leavenworth.Net reserves the right to suspend or terminate access
to Leavenworth.Net without notice or refund of fees paid.
Indirect or attempted violations of this Policy, and actual or attempted
violations by a third party on behalf of a Client, shall be considered
violations of this Policy by such Client. Activities determined
to be fraudulent or illegal will be reported to the appropriate
law enforcement authorities and/or the abuse or legal contact at
client's Internet Service Provider. Leavenworth.Net will cooperate
fully with any criminal or civil investigations concerning Client.
GOOGLE POLICIES
Leavenworth.Net uses Google's services to provide web based
e-mail. By agreeing to this acceptable use policy, you also
accept and agree to the following Google policies:
1)
TERMS OF SERVICE
2)
PRIVACY POLICY
3)
PROGRAM POLICY
INDEMNITY
Client agrees to indemnify and hold harmless Leavenworth.Net, its
employees and agents from any losses, damages, costs or expenses
resulting from any third party claim or allegation ("Claim") arising
out of or relating to any use of Leavenworth.Net, including any
Claim which, if true, would constitute a violation of this Policy.
This obligation shall survive termination of this Agreement.
LIMITATION OF LIABILITY
Under no circumstances, shall Leavenworth.Net's liability for any
damages to Client under this Policy exceed the amount Client paid
for one (1) month's access to Leavenworth.Net or one dollar,
whichever is least Under no circumstances
shall Leavenworth.Net be liable for any illegal or fraudulent acts
committed by Client or Client's users.
QUESTIONS, COMMENTS OR COMPLAINTS
Leavenworth.Net reserves the right to modify this Policy in the
manner set forth above at any time. If you are unsure whether any
contemplated use is permitted or have any comments regarding prohibited
use or other abuse of Leavenworth.Net, please direct questions or
comments to:
computability[at]gmail[dot]com. |
