As a provider of web site hosting, and other Internet-related services, Loose Foot Computing Limited, hereinafter referred to as LFC, 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. LFC respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, LFC reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, LFC has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each subscriber’s respective service agreement and is intended as a guide to the subscriber’s rights and obligations when utilizing LFC’s services. This AUP will be revised from time to time. A subscriber’s use of LFC’s services constitutes the subscriber’s acceptance of all LFC policies, including but not limited to, its Terms of Service, Acceptable Use Policy and Privacy Statement. LFC reserves the right to revise its policies at any time without notice. A subscriber’s use of LFC services subsequent to policy changes posted on LFC’s web site, www.lfchosting.com, constitutes the subscriber’s acceptance of any additional or modified terms that result from those changes.
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 LFC 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 LFC cannot monitor or censor the Internet, and will not attempt to do so, LFC 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 LFC 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 LFC’s network and may reach a large number of people, including both subscribers and nonsubscribers of LFC, subscribers’ postings to the Internet may affect other subscribers and may harm LFC’s goodwill, business reputation, and operations. For these reasons, subscribers violate LFC policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Abuse — Network abuse, defined as any action which causes harm or poses a threat to LFC’s network, servers, company, subscribers or customers of its subscribers including their respective reputation, integrity, and security.
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 LFC, but also because it can overload LFC’s network and disrupt service to LFC subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, LFC has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email 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, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. LFC is required by law to remove or block access to subscriber content upon receipt of a proper notice of copyright infringement. It is also LFC’s policy to terminate the privileges of subscribers who commit repeat violations of copyright laws.
Obscene Speech or Materials — Using LFC’s network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Furthermore, LFC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through LFC’s network.
Defamatory or Abusive Language — Using LFC’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” or “cracking”). 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).
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, or copyright infringement.
Usenet Groups — LFC 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 copyright infringement.
Other Activities — Engaging in activities, whether lawful or unlawful, that LFC 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. LFC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with LFC policy or applicable law. When LFC 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, or take any other action it deems appropriate.
LFC also is aware that many of its subscribers are, themselves, providers of hosting or other Internet services, and that information reaching LFC’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. LFC does not require its subscribers who offer hosting or other Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. LFC, however, has the right to directly take action against a customer of a subscriber. Also, LFC may take action against the LFC subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, LFC anticipates that subscribers who offer hosting or other Internet services will cooperate with LFC in any corrective or preventive action that LFC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of LFC policy.
Finally, LFC wishes to emphasize that in using any LFC service, subscribers indemnify LFC for any violation of the service agreement, law, or LFC policy, that results in loss to LFC or the bringing of any claim against LFC by any third-party. This means that if LFC is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against LFC, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including LFC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of LFC’s policies should be directed to email@example.com.