Acceptable Use Policy
1. LEGAL USES. Vivid Rain LLC's systems and services may not be used in any
way that violates federal, state, local, or international law. Furthermore,
customer is prohibited from taking any actions which are threatening,
malicious, obscene, defamatory, abusive, unethical, violate privacy, promote
hacking, promote gambling, or which violate trade secret, copyright or
patent protection, or rights of privacy or publicity, or which result in the
spread of computer viruses or other damaging programs or data files, or
which violate any export restrictions (including making non-exportable
information or software available to foreign nationals as may be prohibited
by law). In the event Customer is suspected of any such violation, Vivid
Rain LLC reserves the right to immediately suspend Customer's account. If
customer's account is suspended, the regular service fees still apply. If
Vivid Rain LLC determines, in its sole discretion, that customer has
committed any such prohibited act, it may terminate services.
2. UNSOLICITED BULK ELECTRONIC MAILING. Customer is expressly prohibited
from sending unsolicited bulk electronic mail messages ("junk mail" or
"spam"). This includes, but is not limited to, bulk-mailing of advertising,
information announcements, and political tracts. Such material may only be
sent to those who have specifically requested it. Vivid Rain LLC will freeze
any account that we confirm as senders of unsolicited bulk electronic mail
messages. There will be a $500 reinstatement fee. In addition, unsolicited
commercial, political, or advertising posts to public forums
("spamvertising") is prohibited.
3. NETWORK TRANSMISSIONS. Customer is responsible for any materials passed
via Vivid Rain LLC's system to other networks and agrees to comply with any
restrictions posed by other networks' terms of service or acceptable use
policies.
4. CONFIDENTIALITY. Vivid Rain LLC will protect, to the best of its ability,
the confidentiality of any files and electronic mail stored on or exchanged
over the system, except as may be necessary to provide the requested
Internet services, or as may be necessary to preserve the security and
proper operation of Vivid Rain LLC's system, or to protect Vivid Rain LLC's
rights or property. Vivid Rain LLC, except as otherwise provided for in this
addendum or as required by law, will use its best efforts to avoid
disclosing the contents of private electronic mail to anyone other than
addressees, authorized recipients, or those to whom such disclosure is
necessary to assure forwarding or delivery.
Customer acknowledges that no system on the Internet can be guaranteed safe
from unauthorized intrusion and, therefore, any confidential information
stored on or transmitted through Vivid Rain LLC's system is stored or
transmitted at customer's own risk.
5. SECURITY CONCERNS. Customer is responsible for the safekeeping of the
password used to gain administrative access to the server used to store
Customer's Web site.
Customer may not attempt to bypass any security mechanisms in place on Vivid
Rain LLC's system or use any of Vivid Rain LLC's systems or services to
attempt to bypass any security mechanisms in place on any remote system.
This includes, but is not limited to, running any password cracking
software or attempting to access a system which any Customer knows, or
reasonably should know, he or she is not authorized to access in the manner
or to the extent attempted.
6. COPYRIGHT ISSUES. Customer agrees not to upload to, download from, make
available for public access on, or transmit through Vivid Rain LLC's system
any copyrighted material in violation of the copyright owner's rights in
that material. By uploading, downloading, making available for public
access, or transmitting any copyright-protected material, customer warrants
that he or she has the proper authorization to make, or authorize the making,
of any copies involved with such uploading, downloading, making available
for public access, or transmission. Unauthorized copying, or authorizing the
copying of protected works, in excess of any legal right through Vivid Rain
LLC's system is a violation of federal law and international treaties and
may result in not only termination of customer's account, but also may
result in civil and/or criminal fines and prison sentences.
Customer agrees not to remove any copyright ownership information, or
falsify such information, on any files uploaded, downloaded, made publicly
available through, or transmitted via Vivid Rain LLC's system.
Customer explicitly licenses Spry Web Hosting to make any copies of
copyright protected materials necessary to provide Internet and related
services to customer, as well as make any copies necessary to
preserve and maintain Vivid Rain LLC's system and customer's files and
electronic mail.
Customer explicitly licenses Spry Web Hosting to make any copies, without
limitation, of any copyrighted materials submitted to a public forum
maintained on Vivid Rain LLC's system, or submitted to any forum to which
Spry Web Hosting provides access. This clause cannot be modified by either
party unless any modification is in writing and signed by both parties.
7. UNATTENDED FORMS. Customer is not permitted to run any programs or
software which continually send data over or access Vivid Rain LLC's system
or run any programs or software on Vivid Rain LLC's system unattended,
unless such use has been approved in advance by Spry Web Hosting.
The following activities are strictly forbidden on all Vivid Rain products:
. Using a VR server for malicious and/or illegal activity, including but not
limited to:
o Running root exploit kits against other servers
o Scanning other networks
o Forging or misrepresenting message headers, in whole or in part
o Intentional distribution of viruses, worms, trojan horses, or other
destructive activities
o Transmitting copyrighted material without authorization from the copyright
holder
o Transmitting any deceptive material for the purpose of phishing
o Export control violations
. Spamvertising, to include:
o Posting commercial, political, or advertising posts to public forums
o Issuing unsolicited trackbacks for the purpose of promotion
o Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
o Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
Violation of acceptable use policy
Vivid Rain LLC does not routinely monitor the activity of services
used by customer for violation of this Policy. However, in our efforts
to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our
Services. Although Vivid Rain LLC has no obligation to monitor Services
provided and/or the network, Vivid Rain LLC and it various affiliates
and partners reserve the right to monitor bandwidth, usage, and content
from time to time to operate our Services; to identify violations of this Policy;
and/or to protect the network and Vivid Rain customers.
Note:
Vivid Rain LLC reserves the right to make changes to this Acceptable
Use Policy from time to time at its sole discretion. Customer is
solely responsible for complying with the terms of any such modified
Acceptable Use Policy. The current version of the Acceptable Use
Policy can be found at http://vividrain.com/legal.html.
Effective: August 21st 2007
Last updated: June 11th 2008
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