Revision date: 3/4/2018
As a provider of web site hosting and other Internet-related services, Waddling Technology, LLC offers its customer (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. Waddling Technology, LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Waddling Technology, LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Waddling Technology, LLC has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Waddling Technology, LLC’ services. This AUP will be revised from time to time.
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 it, 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 Waddling Technology, LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they 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 may be sexually explicit or otherwise offensive. Because Waddling Technology, LLC cannot monitor or censor the Internet, and will not attempt to do so, Waddling Technology, LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Waddling Technology, LLC 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 created is carried over Waddling Technology, LLC’ network and may reach a large number of people, including both subscribers and non-subscribers of Waddling Technology, LLC, subscribers’ postings to the Internet may affect other subscribers and may affect Waddling Technology, LLC’ goodwill, business, reputation or operations. For these reasons, subscribers violate Waddling Technology, LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Waddling Technology, LLC, but also because it can overload Waddling Technology, LLC’ network and disrupt service to Waddling Technology, LLC’ subscribers. When a complaint is received, Waddling Technology, LLC will investigate and shutdown the account that is SPAMing. Furthermore Waddling Technology, LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Waddling Technology, LLC choose to pursue and prosecute.
Waddling Technology, LLC does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Waddling Technology, LLC is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using Waddling Technology, LLC’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Waddling Technology, LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Waddling Technology, LLC’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
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”). Also, any activity that may 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.
Facilitation 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 and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Waddling Technology, LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Waddling Technology, LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Waddling Technology, LLC’ policy or applicable law. However, when Waddling Technology, LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, or any other action deemed appropriate by Waddling Technology, LLC.
Waddling Technology, LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Waddling Technology, LLC assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Waddling Technology, LLC may disclose subscriber information or information transmitted over its network where necessary to protect Waddling Technology, LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Waddling Technology, LLC will never sell information to other services or outside companies.
Waddling Technology, LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Waddling Technology, LLC for any violation of the Service Agreement, law or Waddling Technology, LLC policy resulting in loss to Waddling Technology, LLC or the bringing of any claim against Waddling Technology, LLC by any third party. This means that, if Waddling Technology, LLC is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Waddling Technology, LLC, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Waddling Technology, LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.