Terms of Service
You are responsible for abiding by the rules set forth in the
paragraphs below. Any violation of the terms set forth below may
result in immediate suspension and/or termination of all services
currently being provided.
As
a Web Hosting Provider (Provider), we offer our customers the means
to acquire and disseminate a wealth of public, private, commercial
and non-commercial information. We also want our customers to be
fully informed of their rights and obligations -- and ours -- in
connection with their use of the Internet. This Network Access
Policy, which supplements and explains certain terms of each
customer's respective services agreement is intended as a plain
English guide to those rights and obligations.
The fundamental fact about the Internet is that no one --neither us,
nor anyone else -- 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 customers obtain
information through the Internet, they must keep in mind that we
cannot monitor, verify, warrant or vouch for the accuracy and
quality of the information that customers 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 we cannot monitor and
censor the Internet, and will not attempt to do so, we cannot accept
any responsibility for injury to our customers that results from
inaccurate, unsuitable or offensive Internet communications.
When customers disseminate information through the Internet, they
also must keep in mind that we do not review, edit, censor or take
responsibility for any information our 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 our facilities and may reach a large number of
people, including both customers and non customers of ours,
customers' postings to the Internet may affect other customers and
may harm our goodwill, business reputation and operations. For these
reasons, customers violate our policy and the Services Agreement
when they, their affiliates or subsidiaries engage in the following
activities:
Spamming
-- Unsolicited, commercial mass e-mailing (known as "spamming") is
strictly prohibited. It is particularly harmful not only because of
its negative impact on consumer attitudes toward us, but also
because it can overload our equipment and disrupt service to our
customers. Violaters account will be immediately terminated.
Copyright Violation
-- Violation of copyrights held by individuals and corporations or
other entities can result in civil and criminal liability for the
infringer and can involve the Provider in litigation and possible
loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or
Materials
-- Violation of indecency and obscenity laws can result in criminal
penalties. All pornographic content and sex-related merchandising is
prohibited on all COMPIT servers. This includes sites that may infer
sexual content or links to adult content elsewhere. COMPIT will be
the sole arbiter in determining violations of this provision
Defamation
-- Defamatory speech distributed over the Internet can result in
civil liability for the defamer and litigation against the Provider
whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing
(often known as "hacking") of computers or networks carries
potential civil and criminal penalties under both federal laws and
the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other
Destructive Activities
-- Distribution of Internet viruses, worms, Trojan horses and other
destructive activities, such as hacking, can result in serious civil
and or criminal liability under federal and state law.
Export Control Violations -- The law limits the ability of persons to export encryption
software, over the Internet or otherwise, to points outside the
United States.
Other
Activities, whether lawful or unlawful, that we determine to be harmful to
our customers, operations or reputation, including any activities
that restrict or inhibit any other user from using and enjoying the
service or the Internet.
As
we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the customer. We will
not, as an ordinary practice, monitor the communications of our
customers to ensure that they comply with our policy or applicable
law. When we become aware of harmful communications, however, we may
take any of a variety of actions. We may remove information that
violates our policies, implement screening software designed to
block offending transmissions or take any other action we deem
appropriate, including termination of a customer's contract with us.
We
also are aware that many of our customers are, themselves, providers
of web hosting services, and that information reaching our
facilities from those customers may have been originated by
customers of those customers or other third parties. We do not
require our customers who offer web hosting services to monitor or
censor transmissions created by customers of its customers. At the
same time, customers who knowingly transmit materials that violate
law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that customers who offer web hosting
services will cooperate with us in any corrective action that we
deem necessary, in order to correct and prevent the transmission of
material that is harmful to us or our customers. Failure to
cooperate with such corrective and preventive measures is a
violation of our policy.
We
also are concerned with the privacy of on-line communications. In
general, the Internet is neither more nor less secure than other
common communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, we urge our customers
to assume that all of their on-line communications are insecure.
We
can not take any responsibility for the security of communications
transmitted over our facilities. We will comply fully, however, with
all applicable laws concerning the privacy of our customers' on-line
communications. In particular, we will not intentionally monitor or
disclose any private electronic mail messages sent or received by
our customers unless required to do so by law. We may, however,
monitor our service electronically to determine that our facilities
are operating satisfactorily. Also, we may be required to disclose
information transmitted through our facilities in order to comply
with court orders, statutes, regulations or governmental requests.
Finally, we may disclose information transmitted over our facilities
where necessary to protect us and our customers from harm, or where
such disclosure is necessary to the proper operation of the system.
We
do not permit sites that use more than 10% of system resources, or
sites which in COMPIT's view, are detrimental to the enjoyment of
COMPIT services by other COMPIT clients, or are, in the sole and
final judgment of COMPIT, detrimental to network or business
operations.
We
are not responsible for loss of customer content due to server or
hardware failure. We do, however, regularly backup our systems, but
cannot guarantee the content is up-to-date. It is the customer's
responsibility to have a full backup of their site.
We
expect that our customers who provide web hosting services to others
will comply fully with all applicable laws concerning the privacy of
on-line communications. A customer's failure to comply with those
laws will violate our policy. Finally, we wish to emphasize that in
signing the Services Agreement, customers indemnify us for any
violation of the customer of the Services Agreement, or of law or
corporate policies, that results in loss to us or the bringing of
any claim against us. This means that if we are sued because of
activities of the customer that violate any law, the Services
Agreement or this policy (which is part of the Services Agreement),
the customer will pay any damages awarded against us, plus costs and
reasonable attorneys' fees.
We
hope this Policy Statement is helpful in clarifying the obligations
of Internet users, including us and our customers, as responsible
members of the Internet.
We
reserve the right to permanently discontinue service at any time,
without notice, should you be found in violation of our
aforementioned terms and conditions. COMPIT will be the sole
decision maker on any violation of our policies.