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WebValence Acceptable Use Policy
for Virtual U Systems
Introduction
This Acceptable Use Policy (AUP) sets forth provisions of acceptable use of WebValence hosts and services. Users of WebValence Internet services are required to comply with this policy and all applicable laws and regulations.
WebValence strives to provide its customers with the highest quality Internet service, and to comply with standards that have been created both within the Internet community and by legislation.
Remaing Informed
WebValence reserves the right to modify this AUP from time to time, without notice. WebValence customers are encouraged to review this AUP for changes or new information. Please send questions, comments, or complaints regarding this AUP to: support@WebValence.com.
Each user is responsible for complying with this AUP, and for providing assistance to WebValence in investigating and resolving any issues related to this policy.
Customers will be held responsible for the actions of any third party acting on behalf of that customer, and custo mers shall be held directly accountable for any violations of this AUP by third parties who have been given access by a customer.
Configuration
All customer computers which connect to WebValence hosts shall be configured in accordance with industry standards, applicable laws and regulations, specifically to conform with approved "Request For Comments" standards documents which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).
Customer computers connecting to WebValence hosts shall not be configured in any way which obscures system-identity information.
Reporting Obligations
Customers of WebValence are responsible for reporting to WebValence any issue which could compromise the stability, service, right of privacy, or security of any user or system connected to WebValence hosts. Customers are required to report any breaches of this AUP as soon as possible.
Prohibited Uses
These lists are meant to illustrate examples of inappropriate and improper conduct, which are prohibited on WebValence hosts.
Illegal Use
WebValence Hosts may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:
- Infringes any copyright, trademark, trade secret, or other intellectual property right
- Violates export control laws or regulations
- Violates any party's confidentiality rights
- Invades the right of privacy of others
- Constitutes use or dissemination of pornography
- Is illegal or unlawful
Abuse
The following general actions are considered "abuse" and are strictly prohibited:
Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). WebValence reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations
Using WebValence networks to transmit material that WebValence believes to be illegal, obscene, or inappropriate
Forging of message headers or identity information, or taking any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services
Falsifying identity or contact information (whether given to WebValence, to a Registrar, or other parties)
Security
Users of WebValence networks must configure and operate their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a customer computer be compromised to discover passwords or access information, the user is responsible for informing WebValence so that access passwords can be changed.
Users are prohibited from interfering or attempting to interfere with services (Denial of Service Attacks), whether intentionally or through neglect. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibility of every user: appropriate anti-virus software should be installed on every system which connects to WebValence hosts.
Users are prohibited from engaging in improper use or distribution of electronic mail (e-mail). Users are strictly prohibited from engaging in any of the following activities:
Sending unsolicited mass or commercial e-mail (spamming) for any purpose whatsoever.
Having third parties send out commercial emails on any user's behalf. Using WebValence facilities to receive replies from unsolicited emails.
Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by WebValence.
In the absence of positive, verifiable proof to the contrary, WebValence considers complaints by recipients of e-mails to be evidence that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.
Limits of Liability
For any claim related to the subject matter of this agreement, the customer’s exclusive remedy and WebValence’s entire liability for any cause, whether in contract, warranty, or in tort, shall be limited to the total amount paid by the customer to WebValence for those services provided, upon which the liability is based.
In no event shall WebValence be liable to customers or to any third party for any indirect, special, consequential, or incidental damages, including, but not limited to, damages for the loss of business profits, business interruption, loss of information, or failure to realize expected savings, even if WebValence has been advised of, or could have reasonably forseen, the possibility of such damages.