As a provider of web site hosting and other Internet-related services, Emphasys
Technologies, Inc. offers its customers, and their customers and users, the means
to acquire and disseminate a wealth of public, private, commercial, and non-commercial
information. Emphasys respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when there are competing
interests at issue, Emphasys reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, Emphasys has developed an
Acceptable Use Policy, 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 utilizing Emphasys's services. This policy will be revised from time to time.
A customer's use of Emphasys's services after changes to the policy are posted on
Emphasys's web site, www.Emphasys.net, will constitute the customer's acceptance of
any new or additional terms of the policy that result from those changes.
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 the Internet, both in the information they acquire
and in the information they disseminate to others. When clients obtain information through
the Internet, they must keep in mind that Emphasys cannot monitor, verify, warrant, or vouch for
the accuracy and quality of the information that clients may 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 is sexually explicit
or otherwise offensive. Because Emphasys cannot monitor or censor the Internet, and will not
attempt to do so, Emphasys cannot accept any responsibility for injury to its clients that results
from inaccurate, unsuitable, offensive, or illegal Internet communications.
When clients disseminate information through the Internet, they also must keep in mind that
Emphasys does not review, edit, censor, or take responsibility for any information its clients
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 Emphasys's network and may reach a large number of
people, including both clients and non-clients of Emphasys, clients' postings to the Internet may
affect other clients and may harm Emphasys's goodwill, business reputation, and operations.
For these reasons, clients violate Emphasys policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial messages over the Internet.
It is not only harmful because of its negative impact on consumer attitudes toward Emphasys,
but also because it can overload Emphasys's network and disrupt service to Emphasys clients.
Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Emphasys
has the discretion to determine from all of the evidence whether the email recipients were from
an "opt-in" email list.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests
primarily with the subscriber. Emphasys will not, as an ordinary practice, monitor the communications
of its clients to ensure that they comply with Emphasys policy or applicable law. When Emphasys 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
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. Emphasys
is required by law to remove or block access to customer content upon receipt of a proper notice
of copyright infringement. It is also Emphasys's policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using Emphasys's network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech or material. Emphasys
is required by law to notify law enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through Emphasys's network.
Defamatory or Abusive Language: Using Emphasys'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" or "cracking"). 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 policy: Advertising, transmitting, or otherwise making available any
software, program, product, or service that is designed to violate this policy, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups: Emphasys reserves the right not to accept postings from newsgroups where we
have actual knowledge that the content of the newsgroup violates the policy.
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 Emphasys determines to be
harmful to its clients, operations, reputation, goodwill, or customer relations.
Emphasys also is aware that many of its clients are, themselves, providers of Internet services, and
that information reaching Emphasys's facilities from those clients may have originated from a customer
of the subscriber or from another third-party. Emphasys does not require its clients who offer Internet
services to monitor or censor transmissions or web sites created by customers of its clients. Emphasys
has the right to directly take action against a customer of a subscriber. Also, Emphasys may take action
against the Emphasys subscriber because of activities of a customer of the subscriber, even though the
action may effect other customers of the subscriber. Similarly, Emphasys anticipates that clients who offer
Internet services will cooperate with Emphasys in any corrective or preventive action that Emphasys deems
necessary. Failure to cooperate with such corrective or preventive measures is a violation of Emphasys
Emphasys also is concerned with the privacy of on-line communications and web sites. In general,
the Internet is neither more nor less secure than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of
prudence, however, Emphasys urges its clients to assume that all of their on-line communications are
insecure. Emphasys cannot take any responsibility for the security of information transmitted over
Emphasys will not intentionally monitor private electronic mail messages sent or received by
its clients unless required to do so by law, governmental authority, or when public safety is at
stake. Emphasys may, however, monitor its service electronically to determine that its facilities
are operating satisfactorily. Also, Emphasys 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. Emphasys 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, Emphasys may disclose subscriber information or information transmitted over its network
where necessary to protect Emphasys and others from harm, or where such disclosure is necessary
to the proper operation of the system.
Emphasys 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 subscriber's failure to comply
with those laws will violate Emphasys policy. Finally, Emphasys wishes to state that in using it's
services, clients indemnify Emphasys for any violation of the service agreement, law, or Emphasys
policy, that results in loss to Emphasys or the bringing of any claim against Emphasys by
any third-party. This means that if Emphasys is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against Emphasys, plus costs
and reasonable attorneys' fees. In addition, Emphasys reserves the right to bill the subscriber for any
system sevices required to rectify the violation.
We hope this policy is helpful in clarifying the obligations of Internet users, including Emphasys
and its clients, as responsible members of the Internet. If you have any complaints about a client's violation
of this policy, please contact us immediatly.
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acceptable use policy