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     Your Web Center Acceptable Usage Policy

Your Web Center, Inc. maintains its reputation as a responsible company by upholding high standards of conduct for doing business.

Our Corporate Values for Acceptable Usage

  • Reliable service to our Clients because they are our reason for existing,
  • Security and privacy of Your Web Center, our Clients, and others systems and networks,
  • Integrity and openness at all levels form the foundation of our reputation as a responsible service provider,
  • Observance of ethical standards of society,
  • Compliance with existing laws, regulations, and internal policy,

describe our basic values for the Acceptable Usage guidelines. These values encourage the culture of integrity and accountability that we value in our Company. We have therefore developed this Acceptable Usage Policy (AUP) for ensuring that all Your Web Center (YWC) Clients and Users (their customer, associates and/or anyone using their bandwidth ("Users") have an awareness of Your Web Center's expectations of them while using Your Web Center services and to provide guidance on how they can put these values into practice on a daily basis. The policy gives us the framework in which we can act as a fair and reliable partner in all our endeavors.

Use of YWC Services constitutes acceptance and agreement to this AUP and our Terms of Service. YWC does not monitor the content, transmissions or storage of its client's Web sites. Content includes the usage and activities of the Client's customers and Users. We do not exercise editorial control over the content of any Web site, E-mail transmission, newsgroups, or or other material created or accessible over or through the Services. In the event that the Client or their Users violate the AUP, at its discretion YWC may take corrective action. Such corrective actions include removal of Client content and interruption, disconnection or cancellation of services. No refunds are given for corrective action taken by YWC. The Client also agrees that YWC shall not be held liable by the Client or the customers of the Client for such corrective action.

As a member of our network community, all Users must use their Internet access responsibly. YWC will investigate all reported breaches or suspected breaches of the AUP. If you have any questions regarding this policy, please contact us at abuse@yourwebcenter.com. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF THE ACCEPTABLE USAGE POLICY

Violation of the AUP occurs when the Client, their customers, associates and/or anyone using their bandwidth engage in the following prohibited activities:

1. Infringement of Intellectual Property Rights or Copyrights. The Client agrees not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, trade secrets, patents, service marks held by individuals, corporations or other entities. The Client also agrees not to engage in activity that violates the private, public or personal rights of others. Under law, YWC is required to block or remove access to content upon proper notification of such infringements. If a copyright holder believes that YWC is hosting a site in violation of their copyright and provides the following information, YWC shall remove or disable the Web site or material in question:

a. An electronic or physical signature of a person authorized to act on behalf or the owner of the copyrighted material.
b. A description of the copyrighted material in question.
c. Information concerning the location of the copyrighted material in question.
d. A statement that the person giving notice believes in good faith that the copyrighted material is being used without permission.
e. A statement, under penalty of perjury, that information given in the notice is accurate and that the individual providing such notice has appropriate authority to act on behalf of the owner.

2. Spamming. Spamming is sending unsolicited bulk and/or commercial messages over the Internet or maintaining an open SMTP policy. Spamming can overload and disrupt Services. Your Web Center has a "Zero Tolerance" policy on spamming and at it's discretion will determine whether E-mail recipients were from an opt-in E-mail list.

3. Forging or Misrepresentation of Transmission Information. Whether in whole or in part, forging, misrepresentation, deleting or omitting message headers, return mailing information and/or Internet protocol addresses to mask the originator of messages is prohibited. The use of anonymous remailer or nicknames does not constitute impersonation.

4. Viruses, Worms, Trojan Horses and Other Destructive Activities. Creating or sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks is prohibited. Engaging in any other activity that is intended to disrupt or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment to conduct their business over the Internet is also prohibited.

5. Hacking. "Hacking" includes, but is not limited to, the following activities: 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, port scans, stealth scans, and other activities designed to assist in the hacking of another individual's computer system or network access.

6. Export Control Violations. The exportation of encryption software to points external to the United States and/or violations of United States law relating to the exportation of software are prohibited.

7. Usenet Groups. YWC reserves the right not to accept postings from newsgroups where there exists factual knowledge that the content of the newsgroup violates the AUP.

8. Harm to Minors. YWC prohibits use of YWC Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Under law, YWC is required, and shall notify authorities where there is awareness of the presence of child pornography on, or being transmitted in any manner, through our services.

9. Obscene, Defamatory, Abusive or Threatening Speech or Materials. Using YWC's network to advertise, transmit, store, post, display or otherwise make available obscene, defamatory, harassing, abusive or threatening speech or materials is prohibited.

10. Other Illegal Activities. The use of YWC Services to engage in any activity or support of illegal activities that is determined by YWC to be illegal is prohibited. This includes but is not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards, collection of personal data without consent, displaying credit card information of third parties without their consent, failure to comply with applicable online privacy laws or pirating software. YWC shall comply and cooperate fully with law enforcement agencies and/or injured third parties in the investigation in connection with any illegal activity occurring through our Services.

11. Other Activities. Engaging in any activity that YWC determines to be harmful to its clients, operations, reputation, goodwill, customer relations whether such activity is lawful or unlawful is prohibited. Such activities include but are not limited to making available any program, product or service that is designed to, or could be used to violate this AUP and the Client's failure to comply with preventing or correcting violations of this AUP.

12. Third Party Accountability. It is the responsibility of the Client to insure they and their Users comply with the AUP. YWC does not monitor the Client's Web sites or activities to insure they are in compliance, but when made aware of any violation YWC shall take action to stop or correct such activities. This includes but is not limited to closing a Web site, denying access to services, implementing screening software, denying access to the Internet, removing material from the Client's Web site or any other action that YWC deems necessary. YWC may also take further action against the Client or their Users because of such activities whether this action affects the Client's other customers. YWC shall disclose any information in its possession to comply with a court order, subpoena, summons, discovery, warrant, statute, regulation or government request in order to protect YWC and its clients from harm. YWC is not obligated to notify the Client in the event such information is sought or provided.

13. YWC System Security. Clients and their Users are prohibited from violating or attempting to violate the security YWC's system. Violations or system security may result in civil or criminal liability. YWC's will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: (i) accessing data not intended for such User or logging into a server or account, which such User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means or overloading "flooding", "mail bombing" or "crashing"; forging any TCP/IP packet header or any part of the header information in any E-mail or newsgroup posting; or (iv) taking any action in order to obtain services to which such User is not entitled.

14. Client's Security Responsibilities. The Client is responsible to ensure that others do not gain unauthorized access to the Clients account. It is the Clients responsibility to keep the Clients password secure. Sharing the password and account access with unauthorized users is prohibited, and may result in termination of Services. Use or distribution of tools designed for compromising security is prohibited.

15. System Performance. YWC accounts operate on shared resources. Excessive misuse or abuse of these shared network resources by the Client that impairs network performance is prohibited and may result in termination of the Client's account. Excessive consumption of resources include CPU time, memory, disk space and session time.

16. Reporting Violations of YWC AUP. YWC requests Clients and Users to promptly report any breaches or suspected breaches of the AUP at abuse@yourwebcenter.com. If available, for each reported breach or suspected breach please provide (i) the IP Address used to commit the alleged violation, (ii) the date and time of the breach, including the time zone or offset from GMT and (iii) evidence of the alleged violation.

17. Policy Amendments. YWC may amend, revise, or modify this Policy, Terms of Service and other YWC policies and agreements at any time by posting the amended policy or agreement on its Web site and the effective date of any such amendment will be the date on which the amended Policy is so posted. The Client agrees that it has read and understands this Policy and acknowledges a duty to periodically check these terms and conditions.