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Acceptable Use Policy
Terms and
conditions
Acceptable Use Policy (includes Adult Content Policy)
(SPAM) Policy
CGI Abuse Policy
As a provider of web site hosting, and other Internet-related
services, Mr. McLaughlin Web Inc. offers its clients, and their customers and
users, the means to disseminate a wealth of public, private, commercial,
and non-commercial information. Mr. McLaughlin Web Inc. respects that the
Internet provides a forum for free and open discussion and dissemination
of information, however, when there are competing interests at issue,
Mr. McLaughlin Web Inc. reserves the right to take certain preventative or
corrective actions.
In order to protect these competing interests, Mr. McLaughlin Web Inc. has
developed an Acceptable Use Policy ("AUP"), 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 Mr. McLaughlin Web Inc.’s services. This AUP will be revised from
time to time. A customer's use of Mr. McLaughlin Web Inc.’s after changes to
the AUP are posted on Mr. McLaughlin Web Inc.’s web site,
www.Mr. McLaughlin Web Inc., will constitute the customer's acceptance of any
new or additional terms of the AUP 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 to disseminate
information to others.
When information is disseminated through the
Internet, they also must keep in mind that Mr. McLaughlin Web Inc. 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 Mr. McLaughlin Web Inc.’s network and may reach a
large number of people, including both clients and non-clients of
Mr. McLaughlin Web Inc., clients' postings to the Internet may affect other
clients and may harm Mr. McLaughlin Web Inc.’s goodwill, business reputation,
and operations. For these reasons, clients violate Mr. McLaughlin Web Inc.
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 (known as "spamming"). It is not only harmful because
of its negative impact on consumer attitudes toward Mr. McLaughlin Web Inc.,
but also because it can overload Mr. McLaughlin Web Inc.'s network and
disrupt service to Mr. McLaughlin Web Inc. clients. Also, maintaining an open
SMTP relay is prohibited. When a complaint is received,
Mr. McLaughlin Web Inc. has the discretion to determine from all of the
evidence whether the e-mail recipients were from an "opt-in" e-mail
list.
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. Mr. McLaughlin Web Inc. is required by law to remove or
block access to customer content upon receipt of a proper notice of
copyright infringement. It is also Mr. McLaughlin Web Inc.’s policy to
terminate the privileges of customers who commit repeat violations of
copyright laws.
Adult Material
Because the Internet is a global communication tool,
and we have clients from nearly every country in the world it is
difficult to dictate what is considered "adult material." However, it is
not our function to discriminate against those who choose to utilize
adult content or adult related material. This being said, there are
still several reasons why Mr. McLaughlin Web Inc. has been forced to create
its no adult sites policy for its virtual server users.
What does Mr. McLaughlin Web Inc. consider "Adult Material?"
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Any site whose revenue is gained in part or whole from its adult
content.
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Photos or videos showing frontal nudity on either men or women for
non-scientific or non-artistic purposes.
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Revenue-generating hyperlinks to sites who violate policy #1.
Why does Mr. McLaughlin Web Inc. have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on
each particular machine. This being said, consider that an average
"adult site" gets more hits than 100 standard websites. Some of the
smaller adult sites get around 5 GB of transfer per day. With these
types of resources being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside on our servers. On
top of that, we would be forced to raise our prices to pay for the
additional bandwidth. We strive to keep our servers fast and
inexpensive, and our bandwidth clear; therefore, adult sites are not an
option.
Mr. McLaughlin Web Inc. reserves the right to decide what
it considers "adult content", "adult material", "sexually explicit", or
"sexually related". Let us know if you are unsure of the approval of
your site before placing an order.
Defamatory or Abusive Language
Using Mr. McLaughlin Web Inc.’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"). 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).
Background Running Programs
Background Daemons in general are prohibited on
Mr. McLaughlin Web Inc. servers, including, but not limited to, IRC bots,
eggdrop, BitchX, XiRCON, warez sites and any other program that
interferes with normal server operation.
Mr. McLaughlin Web Inc. will be the sole arbitor of what
consitutes a violation of the above policy.
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 AUP
Advertising, transmitting, or otherwise making
available any software, program, product, or service that is designed to
violate this AUP, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of service attacks,
and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Usenet Groups
Mr. McLaughlin Web Inc. reserves the right not to accept
postings from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
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 Mr. McLaughlin Web Inc. determines to be harmful to its clients,
operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for
avoiding the harmful activities just described rests primarily with the
client. Mr. McLaughlin Web Inc. will not, as an ordinary practice, monitor
the communications of its client to ensure that they comply with
Mr. McLaughlin Web Inc. policy or applicable law. When Mr. McLaughlin Web Inc.
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 appropriate.
Mr. McLaughlin Web Inc. 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, Mr. McLaughlin Web Inc. urges its clients to assume that all of
their on-line communications are insecure. Mr. McLaughlin Web Inc. cannot
take any responsibility for the security of information transmitted over
Mr. McLaughlin Web Inc.’s facilities.
Mr. McLaughlin Web Inc. 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. Mr. McLaughlin Web Inc. may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, Mr. McLaughlin Web Inc. may disclose information,
including but not limited to, information concerning a client, 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. Mr. McLaughlin Web Inc. assumes
no obligation to inform the client that client information has been
provided and in some cases may be prohibited by law from giving such
notice. Finally, Mr. McLaughlin Web Inc. may disclose client information or
information transmitted over its network where necessary to protect
Mr. McLaughlin Web Inc. and others from harm, or where such disclosure is
necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the
obligations of Internet users, including Mr. McLaughlin Web Inc. and its
clients, as responsible members of the Internet. Any complaints about a
client's violation of this AUP should be sent to info@MrMcLaughlinWeb.com
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