From time to time LavonWeb may impose reasonable rules and
regulations regarding the use of its services. Such rules and regulations
are called Acceptable Usage Policies (AUPs) and are posted on the Internet
at
http://www.lavonweb.net/aup.htm.
The AUPs are not exhaustive and LavonWeb reserves the right to modify the
AUPs at any time, effective upon either the posting of the modified AUPs to
http://www.lavonweb.net/aup.htm or notification of the modified
AUPs. By registering for and using the services, and thereby accepting the
terms and conditions of the Master Services Agreement or its equivalent, you
agree to abide by the AUPs as modified from time to time. Any violation of
the AUPs may result in the suspension or termination of your account or such
other action as LavonWeb deems appropriate. An unlisted activity may also
be a violation of the AUPs if it is illegal, irresponsible, or disruptive
use of the Internet or LavonWeb's network. No credits will be issued for
any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM
LAVONWEB. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF
THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR
TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT
LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.
IT IS LAVONWEB'S POLICY TO TERMINATE SERVICE OF AND FINE REPEAT
INFRINGERS. LAVONWEB RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY
TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting
servers, routers, workstations or other systems under customer control. If
a customer's system is involved in an attack on another network or system,
it will be shut down and an immediate investigation will be launched to
determine the cause/source of the attack. In such event, the customer is
responsible for the cost to rectify any damage done to the customer's server
and any other requirement affected by the security breach. The labor used
to rectify any such damage is categorized as emergency security breach
recovery and is currently charged at $125 USD per hour.
Network Responsibility
Customers have a responsibility to use LavonWeb's network responsibly. This
includes respecting the other customers of LavonWeb. LavonWeb reserves the
right to suspend and or cancel service with any Customer who uses the
LavonWeb network in such a way that adversely affects other LavonWeb
customers. This includes but is not limited to: Attacking or attempting to
gain unauthorized access to servers and services that belong to LavonWeb or
its customers ("hacking" or "cracking"), and/or participating in behavior
which result in reprisals that adversely effect the LavonWeb network or
other customers' access to the LavonWeb network.
LavonWeb will react strongly to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include, but are not limited to, "social engineering" (tricking other people
into releasing their passwords), password theft, security hole scanning,
port scanning, etc. Any unauthorized use of accounts or computers by a
LavonWeb customer, whether or not the attacked account or computer belongs
to LavonWeb, will result in severe action taken against the attacker.
Possible actions include warnings, account suspension or cancellation,
fines, and civil or criminal legal action, depending on the seriousness of
the attack. Any attempt to undermine or cause harm to a server, or
customer, of LavonWeb is strictly prohibited.
Violations of this policy may be reported
directly to the FBI's National Infrastructure Protection Center (NIPC)
at http://www.nipc.gov/. LavonWeb will
cooperate fully with any civil and/or criminal litigation arising from the
violation of this policy.
System and Network Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. LavonWeb may investigate
incidents involving such violations and may involve and cooperate with law
enforcement if a criminal violation is suspected. Examples of system or
network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without express authorization
of the owner of the system or network.
Unauthorized monitoring ("sniffing") of data or traffic on any network or
system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information in
an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost
of labor to clean up and correct any damage done to the operation of the
network and business operations supported by the network, and to respond to
complaints incurred by LavonWeb. Such labor is categorized as emergency
security breach recovery and is currently charged at $150 USD per hour
required. LavonWeb is concerned with the privacy of online 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. As a matter of prudence, however, LavonWeb urges its customers
to assume that all of their online communications are insecure. LavonWeb
cannot take responsibility for the security of information transmitted over
LavonWeb' facilities.
Password Protection
The customer is responsible for protecting customer's password and for any
authorized or unauthorized use made of customer's password. The customer
will not use or permit anyone to use LavonWeb' service to guess passwords or
to access other systems or networks without authorization. LavonWeb will
fully cooperate with law enforcement authorities in the detection and
prosecution of illegal activity.
Internet Etiquette
The customer is expected to be familiar with and to practice good Internet
etiquette ("Netiquette"). The customer will comply with the rules
appropriate to any network to which LavonWeb may provide access. The
customer should not post, transmit, or permit Internet access to information
the customer desires to keep confidential. The customer is not permitted to
post any material that is illegal, libelous, tortuous, indecently depicts
children or is likely to result in retaliation against LavonWeb by offended
users. LavonWeb reserves the right to refuse or terminate service at any
time for violation of this section. This includes advertising services or
sites via IRC or USENET in clear violation of the policies of the IRC
channel or USENET group.
Lawful Purpose
All services may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material
in violation of any applicable law, regulation, or AUP is prohibited. This
includes, but is not limited to copyrighted material or material protected
by trade secret and other statute or dissemination of harmful or fraudulent
content.
Using any LavonWeb service or product for participating in any activity
dealing with subject matters that are prohibited under applicable law is
prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a
violation of federal export restriction in connection with use of LavonWeb
services or products is prohibited. Using the LavonWeb network to solicit
the performance of any illegal activity is also prohibited, even if the
activity itself is not performed. In addition, knowingly receiving or
downloading a file that cannot be legally distributed, even without the act
of distribution, is prohibited.
Servers hosted within LavonWeb network are open to the public. You are
solely responsible for your usage of the LavonWeb network and servers and
any statement you make on servers hosted within the LavonWeb network may be
deemed "publication" of the information entered. Acknowledging the
foregoing, you specifically agree not to use our service in any manner that
is illegal or libelous.
Copyright Infringement - Software Piracy Policy
LavonWeb' network may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or material
in violation of United States or state regulation or law, or by the common
law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or other intellectual
property rights.
Making unauthorized copies of software is a violation of the law, no matter
how many copies you are making. If you copy, distribute or install the
software in ways that the license does not allow, you are violating federal
copyright law. If caught with pirated software, you or your company may be
liable under both civil and criminal law, and you may be fined up to
$250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millennium Copyright Act (the "DMCA"), please
send DMCA notifications of claimed copyright infringements to: LavonWeb
Abuse Department, LavonWeb Internet, 187 Bently Drive, Lavon, Texas 75166 by
email to abuse@lavonweb.net.
LavonWeb will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Child Pornography on the Internet
LavonWeb will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions of
their clients over the LavonWeb network, and will be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography includes
"photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a person under the
age of eighteen years or any written material or visual representation that
advocates or counsels sexual activity with a person under the age of
eighteen years."
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT.
Commercial Advertisements with E-Mail
LavonWeb takes a zero tolerance approach to the sending of
Unsolicited Commercial E-mail (UCE) (or "spam") over our network. Very
simply, this means that customers of LavonWeb may not use or permit others
to use our network to transact in UCE. Customers of LavonWeb may not host,
or permit hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties, including
termination of service and monetary fines.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic. This includes
commercial advertisements and informational messages sent to recipients via
electronic mail (email) as well as off-topic messages posted in Usenet
discussion groups where the recipient has not requested or invited the
message. E-mail is a person-to-person medium, not a broadcast medium.
Customers of LavonWeb are strictly prohibited from using or permitting
others to use UCE or spam over our network. As our Customers are ultimately
responsible for the actions of their clients over the LavonWeb network, it
is advisable that Customers develop a similar, or stricter, policy for their
clients. Violation of LavonWeb's spam policy will result in severe
penalties. Upon notification of an alleged violation of our spam policy,
LavonWeb will initiate an immediate investigation (within 48 hours of
notification). During the investigation, LavonWeb may restrict customer
access to the network to prevent further violations. If a customer is found
to be in violation of our spam policy, LavonWeb may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, LavonWeb
reserves the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. LavonWeb will notify
law enforcement officials if the violation is believed to be a criminal
offense.
Violation of LavonWeb's spam policy may be reported to
abuse@lavonweb.net.
IP Addressing Policy
LavonWeb administers the network on which customer servers
reside. The customer cannot use IP addresses that were not assigned to
them by LavonWeb staff. Any device found using IP addresses that were
not officially assigned will be suspended from network access until the IP
addressing overlap can be corrected.
Network Utilization
User agrees to limit excessive usage of peer-to-peer file
sharing. If excessive usage occurs or virus-like activity is noted from
their connection, Provider reserves the right to limit service or suspend
the account without notice. We will be contacting you if your
utilization affects others.
Billing
All Services are paid for in Advance. For those paying by
check, payment is due on or before the 5th of each month. If payment is not
received by the 10th of each month the account will be assessed a 20 late
fee. If the payment is not received by the end of the month the
account will be suspended and a $25 reconnection fee will be applied. The customer understands that the customer is responsible for
paying for any network resources that are used to connect the customer's
equipment to the Internet. The customer may request that the customer's
equipment be disconnected from the Internet, but the customer will still be
responsible for any network resources used up to the point of suspension or
cancellation.
Suspension
LavonWeb reserves the right to suspend network access to any customer if, in
the judgment of the LavonWeb network administrators, the customer's server
is the source or target of the violation of any of the other terms of the
AUPs or for any other reason which LavonWeb chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
Cancellation
LavonWeb reserves the right to cancel service at any time. If inappropriate
activity is detected, all accounts of the customer in question will be
deactivated until an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement will be
contacting regarding the activity. All fees paid in advance of cancellation
will be prorated and paid by LavonWeb if LavonWeb institutes its right of
cancellation. Any violation of policies that results in extra costs will be
billed to the customer (i.e. transfer, space etc.).
Indemnification
LavonWeb wishes to emphasize that in signing the Master Services Agreement
or its equivalent, customer indemnifies LavonWeb for any violation of the
Master Services Agreement or its equivalent, law or AUP that results in loss
to LavonWeb or the bringing of any claim against LavonWeb by any third
party. This means that if LavonWeb is sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages awarded
against LavonWeb, plus costs and reasonable attorney's fees.
Disclaimer of Responsibility
LavonWeb is under no duty to look at each customer's or user's activities
to determine if a violation of the AUPs has occurred, nor do we assume any
responsibility through our AUPs to monitor or police Internet-related
activities. LavonWeb disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
All sub-networks, resellers and managed servers of LavonWeb must adhere
to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE
CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
