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Acceptable Use Policy
Unless otherwise specified in the Agreements, the usage of “us”, “we” and “our” shall refer to Web_Media Solutions & Services Inc. and all its parents, subsidiaries, successors and assigns (unless otherwise specified, “Web_Media Solutions & Services Inc., Inc.” and “Web_Media Solutions & Services Inc.” shall have the same meaning and shall be interchangeable). The usage of “you”, “your”, “they” and “them” shall refer to the Customer of Web_Media Solutions & Services Inc..
You hereby acknowledge that you have read the Agreements and fully understood the contents thereof. You also acknowledge that you agree to the terms and conditions of, and will comply in good faith with, the Agreements.
B. Compliance with Law.
Customer shall not use Web_Media Solutions & Services Inc.'s Service or any other service or network to post, upload, transmit, re-transmit, mirror, store, distribute or facilitate the distribution of any content (e.g., text, communications, software, images, sounds, data) or other information that, in Web_Media Solutions & Services Inc.'s sole discretion:
C. Terrorist Content Prohibited.
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.
D. Adult Content Prohibited.
Web_Media Solutions & Services Inc. does not permit adult-oriented or pornographic websites in our servers and network.
Pornography (especially Child pornography) is punishable by Law in the Philippines and Web_Media Solutions & Services Inc. will cooperate with authorities in prosecuting offenders.
Including obscene materials and tintilating films, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be hosting adult or pornographic content, the offending accounts shall be subject to immediate account termination.
E. Illegal Drugs Prohibited.
Web_Media Solutions & Services Inc. does not permit websites that sell, buy, educate the use of illegal drugs as defined by law.
F. System and Network Security.
1. Violations of system or network security are strictly prohibited, and may result in criminal and civil liability, as well as termination of services from Web_Media Solutions & Services Inc.. Web_Media Solutions & Services Inc. investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
2. You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Web_Media Solutions & Services Inc. account or attempt to gain unauthorized access to another network or server.
3. Examples of system or network security violations include, without limitation, the following:
b. Introduction into the network or server of any self-extracting file or program containing any malicious program.
c. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
d. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program.
e. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
f. Executing any form of network activity that will intercept data not intended for the Customer.
g. Circumventing user authentication or security of any host, network or account.
h. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
i. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
j. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Web.com.ph Services or those of any other party.
k. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
l. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
m. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.
The Customer agrees to observe and abide by reasonable Internet etiquette (“Netiquette”). The Customer shall comply with the rules appropriate to any network to which Web_Media Solutions & Services Inc. may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Web_Media Solutions & Services Inc. by offended users. Web_Media Solutions & Services Inc. reserves the right to refuse or terminate the Service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
H. No-Spam Policy (NSP).
1. Customer shall comply with all the terms and conditions of the NSP as described in this Section. Violation of the NSP shall be deemed a violation of this AUP and the Agreements.
2. At Web_Media Solutions & Services Inc., we are committed to providing valuable hosting services to our valued Customers. An important part of Web_Media Solutions & Services Inc.'s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Web_Media Solutions & Services Inc..
3. Definition of Spam. Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in the NSP or the Agreements, spam is:
a. A commercial e-mail message or other electronic message, including, but not limited to, messages that are:
5. Mailing Limits. Starter Web Hosting acounts may not send more than 100 emails per hour per domain. Business Web Hosting accounts may not send more than 200 emails per hour per domain. Corporate Web Hosting accounts may not send more than 400 emails per hour per domain.
6. "Opt-in" E-mail Lists. Messages sent to "opt-in" e-mail lists are not spam, for purposes of the AUP, provided that those messages meet all of the following criteria:
8. Zero Tolerance for Spam. Web_Media Solutions & Services Inc. will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Web_Media Solutions & Services Inc.'s Services whether or not the message actually originated from our network. Violation of the AUP will result in Web_Media Solutions & Services Inc. taking one or more of the following actions: (a) A warning via e-mail or telephone; (b) Suspension of your site until further notice; (c) Removal of DNS for the advertised/originating site; or (d) Temporarily blocking outgoing mail from your site. Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
9. Web_Media Solutions & Services Inc. reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Web_Media Solutions & Services Inc. Network. The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various international, republic and local laws and regulations, including the U.S. federal CAN-SPAM Act of 2003.
10. Indemnification of Web_Media Solutions & Services Inc. You agree to defend, hold harmless, and indemnify Web_Media Solutions & Services Inc. from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of the AUP.
11. To report any spam you receive that identifies itself as coming from the Web_Media Solutions & Services Inc. servers or claims to be related to Web_Media Solutions & Services Inc. in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
I. Resource Usage.
1. You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by terminating any processes, disabling and/or suspending your account.
2. Web_Media Solutions & Services Inc. reserves the right to make adjustments to these limits at our sole discretion. If Web_Media Solutions & Services Inc. takes corrrective action, Customer shall not be entitled to a refund of any fees paid in advanced.
J. No Editing, Censoring, or Control of Communications; Reservation of Rights. Your participation in online communication or use of any Web_Media Solutions & Services Inc. service is not edited, censored, or otherwise controlled by Web_Media Solutions & Services Inc. However, Web_Media Solutions & Services Inc. reserves the right to remove content, disable sites, or suspend or terminate services if Web_Media Solutions & Services Inc., in its sole discretion and/or upon notice by the proper party or government authority, determines such content or user practices are harmful, offensive, or otherwise in violation of this AUP.
K. U.S. Export Control Laws. Exporting encryption software over the Internet from the United States to countries other than the United States and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security's Web site at: http://www.bxa.doc.gov/Encryption/
L. International Use. Web_Media Solutions & Services Inc. makes no representation that materials available on this site or any or through any Web_Media Solutions & Services Inc. service are appropriate or available for use in locations outside the Philippines, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Web_Media Solutions & Services Inc. from locations outside the Republic of the Philippines and United States are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Web_Media Solutions & Services Inc., its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.
M. Intellectual Property Rights.
1. All Web_Media Solutions & Services Inc. Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Web_Media Solutions & Services Inc.. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with Web_Media Solutions & Services Inc. or by law, and Web_Media Solutions & Services Inc. shall, in any event, retain all copyright and other proprietary interests in said page, information or content.
2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on this site or through any Web_Media Solutions & Services Inc. service. Nothing on any Web_Media Solutions & Services Inc. Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property, content, technology, system, process, or related material belonging to Web_Media Solutions & Services Inc. by virtue of it being displayed or made accessible on any Web_Media Solutions & Services Inc. Web site. Except as expressly authorized, you agree not to use this site or any Web_Media Solutions & Services Inc. Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Web_Media Solutions & Services Inc. Services.
3. If you use a domain name or content in connection with the Web_Media Solutions & Services Inc. Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
4. Web_Media Solutions & Services Inc.'s data center infrastructure, including all hardware, software, and telecommunications facilities located in its data center, may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property rights.
5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of United States, Philippine and other local or international laws. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating the said laws. Web_Media Solutions & Services Inc. will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
6. Please see Copyright Infringement Reporting on the Web_Media Solutions & Services Inc. Web site and Clause R below for procedures on disclosing alleged copyright infringement.
N. Customer's Grant of Limited License to Web_Media Solutions & Services Inc.; Warranties on Content. By posting or submitting content to any Web_Media Solutions & Services Inc. Web site or server, you:
1. Grant Web_Media Solutions & Services Inc. a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Web_Media Solutions & Services Inc.;
3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Web_Media Solutions & Services Inc. does not and will not infringe or violate the rights of any third party; and
4. Agree to defend, hold harmless, and indemnify Web_Media Solutions & Services Inc. for any claims of any third party resulting from the public posting or use of your content.
O. IP Allocation. Web_Media Solutions & Services Inc. administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Web_Media Solutions & Services Inc. staff or network administrators.
P. Restrictions on Use of Web_Media Solutions & Services Inc. Services.
1. You may not operate Internet Relay Chat ("IRC") servers using Web_Media Solutions & Services Inc.'s services.
2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
3. You may not use any programs that may or will interfere with another's use of this site or any Web_Media Solutions & Services Inc. Services.
4. You may not run any background processes on the Web_Media Solutions & Services Inc. servers, networks, or systems without prior written authorization from Web_Media Solutions & Services Inc..
5. You may not use any Web_Media Solutions & Services Inc. services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
6. You may not host any type of proxy on Web_Media Solutions & Services Inc..
7. Web_Media Solutions & Services Inc. reserves the right to add further restrictions to Customers' use of the Web_Media Solutions & Services Inc. Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
Q. Suspension and Cancellation. Web_Media Solutions & Services Inc. reserves the right to suspend service to any Customer or who is using our network or Services for violation of the AUP and the Agreements. Web_Media Solutions & Services Inc. will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Web_Media Solutions & Services Inc. reserves the right to terminate service without notice for continued and repeated violations of the AUP or the Agreements.
R. Notices Regarding Violations of AUP and Intellectual Property Rights.
1. The Web_Media Solutions & Services Inc. Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Web_Media Solutions & Services Inc. Customers. Web_Media Solutions & Services Inc. takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services or take other action as necessary.
2. General Complaints: Please send reports of any activity in violation of this TUP to firstname.lastname@example.org. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Web_Media Solutions & Services Inc. will reasonably investigate incidents involving such alleged violations. Web_Media Solutions & Services Inc. may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Web_Media Solutions & Services Inc. Customer or subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at: http://www.webmediasolutionsinc/copyright.php
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