Acceptable Use Policy
This document contains information about what type of behavior is and is NOT allowed with the Tungsten Resources. Tungsten Resources within this document means all of the following:
- any professional, consulting or support service provided by Tungsten to Client
- any software and materials that have been provided by Tungsten to Client;
- the Tungsten hosting environment, including, without limitation, the hosting servers.
If you have any questions about this document, please contact us: http://www.thenewline.com
- Client Security Responsibilities
- Password Protection
- Internet Etiquette
- Copyright Infringement - Software Piracy Policy
- Lawful Purpose
- Child Pornography on the Internet
- Acceptable Use Policy - Email
- Disclaimer of Responsibility
From time to time Tungsten may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.thenewline.com/policies/aup. The AUPs are not exhaustive and Tungsten reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.thenewline.com/policies/aup or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action, as Tungsten deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM THE NEWLINE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, AND DOMAIN NAMES. IT IS THE NEWLINE POLICY TO TERMINATE REPEAT INFRINGERS. THE NEWLINE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Client Security Responsibilities
The client is solely responsible for any breaches of security affecting services under client control. If a client's hosting account is involved in an attack on another server or system, including the Tungsten servers, it will be disabled and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the client is responsible for the cost to rectify any damage done to the client's hosting account and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to support at firstname.lastname@example.org.
The client is responsible for protecting client's password and for any authorized or unauthorized use made of client's password. The client will not use or permit anyone to use Tungsten service to guess passwords or to access other systems or networks without authorization. Tungsten will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
The client is expected to be familiar with and to practice good Internet etiquette (Netiquette). The client will comply with the rules appropriate to any network to which Tungsten may provide access. The client should not post, transmit, or permit Internet access to information the client desires to keep confidential. The client is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Tungsten by offended users. Tungsten reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Tungsten network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Attn: Support, Tungsten, 337 W 10th St, Erie PA 16502 or by e-mail to email@example.com
Tungsten will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
Using any Tungsten service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Tungsten services or products is prohibited. Using the Tungsten network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Web sites, Internet Services, and servers hosted within Tungsten network are open to the public. You are solely responsible for your usage of the Tungsten network and servers and any statement you make on servers hosted within the Tungsten network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Tungsten will cooperate fully with any criminal investigation into a Client's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their clients over the Tungsten network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Acceptable Use Policy - Email
Tungsten provides Email services together with its strategis partner Webmail.us and the use of the Email service is bound by a separate Acceptable Use Policy - Email that is specifically designed to outline the acceptable use of our Email Services.
If Tungsten in its sole discretion determines that a client's hosting account has become the source or target of any violation concerning the Tungsten Acceptable Use Policy (AUP), Tungsten reserves the right to suspend the client's hosting account and any services associated with it. While Tungsten will attempt to contact the client before suspending the client's hosting account, prior notification to the client is not assured. In certain cases, Tungsten will contact law enforcement and other agencies regarding these activities. Clients are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their hosting account before, during and after the suspension period.
Tungsten reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Any violation of policies, which results in extra costs, will be billed to the client (i.e. transfer, space etc.).
Tungsten wishes to emphasize that in signing the Master Services Agreement or its equivalent, client indemnifies Tungsten for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Tungsten or the bringing of any claim against Tungsten by any third-party. This means that if Tungsten is sued because of a client's or a client of a client's activity, the client will pay any damages awarded against Tungsten, plus costs and reasonable attorney's fees.
Disclaimer of Responsibility
Tungsten is under no duty to look at each client's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Tungsten disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.