As a provider of Internet access, web site hosting, and other Internet-related services, The Longsight Group ("Longsight") recognizes that the Internet provides a forum for free and open discussion and dissemination of information, however, Longsight reserves the right to take certain preventative or corrective actions when conflicts arise in the use or distribution of this information. This Acceptable Use Policy ("AUP") supplements each client's respective service agreement and is intended as a guide to the client's rights and obligations when using Longsight's services. This AUP will be revised from time to time and posted at Longsight's web site (http://longsight.com). A client's use of Longsight's services after changes to the AUP are posted on Longsight's web site will constitute the client's acceptance of any new or additional terms of the AUP that result from those changes.
Longsight values open communications with our clients and will work with any client who is or may be in violation of this AUP, however at the sole discretion of Longsight management, any violation of this AUP may result in the suspension or immediate termination of the Longsight clients services without prior notice.
Longsight cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire or encounter through web services supported by Longsight. Clients must use their best judgment in relying on information obtained from the Internet. Because Longsight cannot monitor or censor the Internet, and will not attempt to do so, Longsight cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
Longsight 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 Longsight's web services and may reach a large number of people, clients' postings to the Internet may affect other Longsight clients and may harm Longsight's business reputation and operations. For these reasons, clients violate this AUP and the service agreement when they, their clients, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming
- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). Maintaining an open SMTP relay is prohibited. When a complaint is received, Longsight 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, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Longsight is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also Longsight's policy to terminate the privileges of clients who commit repeat violations of copyright laws.
- Obscene Speech or Materials
- Using Longsight's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Longsight is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Longsight's network.
- Defamatory or Abusive Language
- Using Longsight'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"). 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, mailbombing, 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, mailbombing, 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.
- Usenet Groups
- Longsight 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 pirating software.
- Other Activities
- Engaging in activities, whether lawful or unlawful, that Longsight determines to be harmful to its subscribers, operations, reputation, goodwill, or client relations.
The responsibility for avoiding these harmful activities rests primarily with the Longsight client. Longsight will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Longsight policy or applicable law. When Longsight 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, denying access to the Internet, or take any other action it deems appropriate.
Longsight does not require its clients who offer Internet services to monitor or censor transmissions or web sites created by them for their clients. Longsight has the right to directly take action against a client of a Longsight client. Longsight may take action against the Longsight client because of activities of a client of the Longsight client. Longsight expects that clients who offer Internet services will cooperate with Longsight in any corrective or preventive action that Longsight deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Longsight policy.
Longsight also is concerned with the privacy of on-line communications and web sites. As a matter of prudence, however, Longsight urges its subscribers to assume that all of their on-line communications are insecure. Longsight cannot take any responsibility for the security of information transmitted through Longsight's facilities.
Longsight will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Longsight may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Longsight 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. Longsight assumes no 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, Longsight may disclose subscriber information or information transmitted over its network where necessary to protect Longsight and others from harm, or where such disclosure is necessary to the proper operation of the system.
Longsight expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client's failure to comply with those laws will violate Longsight policy. By using any of Longsight services, clients indemnify Longsight for any violation of the service agreement, law, or Longsight policy that results in loss to Longsight or the bringing of any claim against Longsight by any third-party. This means that if Longsight is sued because of a client's activity or that of a client of a Longsight client, the Longsight client will pay any damages awarded against Longsight, plus costs and reasonable attorneys' fees.
Any complaints about a client's violation of this AUP should be sent to team@longsight.com
These Longsight Group policies and procedures are subject to change. For more information about this policy, contact team@longsight.com
Marsh 12, 2003
