BroadWeb

Acceptable Use Policy

Scope and Application of Policy

Broadweb maintains this Acceptable Use Policy ("AUP") to provide users of its Services (as such term is defined in the Terms of Service located at http://www.broadweb.net/legal/TOS.html for purposes of this AUP, the term "Services" shall also be deemed to include Broadweb’s various systems and network) with a clear statement of rules and use restrictions that apply to the use of Broadweb’s Services.

This AUP forms an integral part of the Terms of Service that govern your use of Broadweb’s Services. Your compliance with and cooperation in Broadweb’s enforcement of this AUP is an express condition to your continuing contractual rights to use Broadweb’s Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for Broadweb to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of Broadweb’s Services will constitute your acceptance of any changes or additions to this AUP. You may determine the date of posting at the Effective Date section at the end of this AUP.

This AUP is not intended to address all possible unacceptable uses of Broadweb’s Services. As a result, Broadweb reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as Broadweb deems appropriate in its sole discretion.

Prohibited Uses

YOUR USE OF BROADWEB’S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. BROADWEB MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.

BROADWEB WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, BROADWEB RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT BROADWEB TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE BROADWEB TO INCUR LEGAL FEES OR OTHER EXPENSES.

BROADWEB MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. BROADWEB MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.

Lawful Purpose
You may use Broadweb’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use Broadweb’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.
Spamming and Related Activities
Broadweb strictly prohibits your use of Broadweb’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.

Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
Permission Based Communications
You may use Broadweb’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Broadweb’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Broadweb’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis.

In addition to the foregoing general requirements, all permission-based communications sent using Broadweb’s Services must include the following (and you are required to take the corresponding actions set forth below):
1. A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter Broadweb’s Services.)
2. The recipient’s accurate e-mail address in the "to" line and the sender’s accurate e-mail address in the "from" line.
3. A working link to your privacy policy.
4. A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Broadweb’s Services.)
5. An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your up-to-date mailing address, telephone number and facsimile number.
You are solely responsible for the transmission of all such permission-based communications. Broadweb reserves the right to suspend or terminate your Services in the event Broadweb receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that Broadweb may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
Copyright Infringement
You may not use Broadweb’s Services in any manner that infringes upon the rights of a third party under federal and foreign copyright laws.

Broadweb is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA"). If a copyright owner believes in good faith that Broadweb is the hosting provider of material that infringes that copyright, the copyright owner may submit a written notification of claimed infringement to Broadweb’s designated copyright agent:

By Mail:

Copyright Agent
Broadweb Internet, Inc.
23 Broadway, Suite 208
Cresskill , New Jersey 07626

By E-mail:
copyright@broadweb.net

PLEASE NOTE: The designated copyright agent is appointed solely for the purpose of receiving notices of copyright claims submitted pursuant to the DMCA. No other notices or communications should be forwarded to the designated copyright agent.

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Broadweb is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Broadweb will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Broadweb must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Broadweb may do so by disabling access to your entire web site.
Violations of Other Intellectual Property Rights
You may not use Broadweb’s Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.

Although Broadweb reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using Broadweb’s Services in a manner that infringes such third party’s intellectual property rights, Broadweb may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide Broadweb with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
Defamation and Harassment
You may not use Broadweb’s Services to defame, harass, abuse, libel, slander or threaten a third party.

Complaints about activity in violation of this policy engaged in by Broadweb customers or end users may be directed to abuse@broadweb.net.
Child Pornography
You may not use Broadweb’s Services to disseminate or display images or other content that constitutes child pornography under United States laws.

Broadweb applies a zero tolerance policy to the enforcement of this prohibition. Broadweb takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. Broadweb reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that Broadweb may be cooperating with law enforcement or that Broadweb has reported the use of its Services in this manner.

For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.

Complaints about activity in violation of this policy engaged in by Broadweb customers or end users may be directed to abuse@broadweb.net.
Disruptive or Abusive Activity
You may not use Broadweb’s Services:
1. to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
2. to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
3. to maintain open mail relays, forward or propagate "chain" mail or mail bomb;
4. to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user’s terminal session;
5. in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
6. to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
7. to hack, subvert, or assist others in hacking or subverting the security or integrity of Broadweb’s Services;
8. to disseminate or display indecent or obscene images or content;
9. to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
10. to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
11. in any manner that might potentially subject Broadweb to unfavorable regulatory action, subject Broadweb to any liability for any reason, or adversely affect Broadweb’s public image, reputation, goodwill, business or operations.
United States Export Laws
United States export control laws govern your use of Broadweb’s Services. These laws apply to you and your use of Broadweb’s Services regardless of whether you actually reside in the United States.

You may not use Broadweb’s Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use Broadweb’s Services to provide services to end users with whom United States citizens may not do business.

For further information about United States export laws, you may visit the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html.
Privacy
Broadweb’s privacy policy may be found at http://www.broadweb.net/legal/privacy-policy.html.

While Broadweb is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Broadweb is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of Broadweb.
IP Addresses
In connection with your use of Broadweb’s Services, you may only use IP addresses that are assigned to you by Broadweb. If you use IP addresses that are not assigned to you by Broadweb, Broadweb will suspend your Services from network access until such time as the IP address overlap is corrected. Broadweb owns all IP addresses that may be assigned to you by Broadweb. Broadweb may, in its sole discretion, change these numbers from time to time without notice to you.
Certain Restrictions Applicable to Shared Customers
If you are the registered owner of an Broadweb shared account:

Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in Broadweb’s records. You may allow ftp access and host websites for your end customers without violating this AUP.

When you utilize an excessive amount of system resources, Broadweb reserves the right to place CPU process limits on your account to prevent disruption of Broadweb Services to other customers. Broadweb reserves sole discretion to determine what constitutes excessive usage of system resources.
Certain Restrictions Applicable to Dedicated Customers
If you are the registered owner of an Broadweb dedicated account:

You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and Broadweb may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that Broadweb will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or Broadweb’s Services or inability to transmit or receive information as a result of any actions taken by Broadweb in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to Broadweb that are set forth in the Terms of Service or any other agreement between you and Broadweb.