ACCEPTABLE USE POLICY
This Acceptable Use Policy (the "Policy") describes the proper kinds
of conduct and prohibited uses of the hosting and e-mail services (the "Services")
provided by Liviant LLC ("Liviant LLC"). This Policy is not exhaustive
and Liviant LLC reserves the right to modify it at any time. By using Liviant
LLC's Services, you agree to abide by the then current version of this Policy.
ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF
THE SERVICES AND SUCH ACTION AS LIVIANT LLC DEEMS APPROPRIATE AS FURTHER DESCRIBED
IN THE HOSTING AGREEMENT. ANY REPEATED VIOLATION OF THIS POLICY WILL RESULT
IN THE TERMINATION OF THE HOSTING AGREEMENT. INDIRECT OR ATTEMPTED VIOLATIONS
OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR
BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.
Liviant LLC's Services enable you to host and serve your Web site and all related
content, including, but not limited to, programs, program scripts, e-mail, text,
bulletin board postings, hypertext links, meta tags, domain names, pictures,
graphics, forums, interactive media, and audio/visual materials that you or
a third party (collectively, "Customer Content") posts on your Web
site or other equipment, servers, software and network of Liviant LLC (collectively,
"Liviant LLC's Systems"). Generally, Liviant LLC does not actively
monitor, censor, or directly control any information that is stored on or transmitted
over Liviant LLC's Systems. Liviant LLC cannot and does not warrant, verify
or guarantee the quality, accuracy, safety or integrity of your Customer Content
or other materials or information that you or a third party may post or access
through the Services. You are solely responsible for all of the Customer Content
and your and your users' use of Liviant LLC's Services and your Web site.
No Illegal or Harmful Uses
Liviant LLC's Services and Systems may be used only for lawful purposes. Transmission,
distribution or storage of any material or any activity in violation of any
applicable law or regulation, including but not limited to gambling, are strictly
prohibited. The following non-exhaustive list describes the kinds of illegal
or harmful conduct that are prohibited. Liviant LLC reserves the right to restrict
or prohibit any and all uses or content that it determines in its sole discretion
is harmful to its systems, network, reputation, good will, other Liviant LLC
customers, or any third party.
- Excessive Use of Server Resources. The use of programs and scripts that
cause excessive stress to servers is prohibited on shared server accounts
(not applicable on dedicated servers). This is due to the resultant reduction
in resources and deterioration of service for other customers on the same
shared server. Such programs and scripts may only be used with dedicated server
accounts. Additionally, excessive use and/or violation of bandwidth/storage
maximums are prohibited on all Web hosting accounts. Determination of excessive
use is at Liviant LLC's sole discretion.
- Infringement. Infringement of intellectual property rights or other proprietary
rights including, without limitation, material protected by copyright, trademark,
patent, trade secret or other intellectual property right used without proper
authorization. Infringement may result from the unauthorized copying and posting
of pictures, logos, software, articles, musical works, and videos.
- Illegal Materials. Disseminating or hosting material that is, without limitation,
unlawful, libelous, defamatory, harmful, invasive of privacy or publicity
rights, abusive, or otherwise objectionable.
- Harmful Content. Disseminating or hosting harmful content or software including,
without limitation, viruses, Trojan horses, worms, time bombs, cancelbots
or any other computer programming routines that may damage, interfere with,
surreptitiously intercept or expropriate any system, program, data or personal
- Fraudulent Conduct. Offering or disseminating fraudulent goods, services,
schemes, activities (i.e., gambling) or promotions (i.e., make money fast
schemes, chain letters, and pyramid schemes); fraudulent submission or use
of personal or financial information; or engaging in any practice that constitutes
an unfair or deceptive trade practice.
- Export Violations. Posting or sending of software or technical information
in violation of U.S. export laws, including, without limitation, the Export
Administration Regulations maintained by the Department of Commerce.
- Privacy. Collecting, using and disclosing any personally identifiable user
Maintenance of Security and Integrity
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Liviant LLC will investigate incidents involving
such violations and may involve and will cooperate with law enforcement if a
criminal violation is suspected. Examples of system or network security violations
include, without limitation, the following:
- Hacking. Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without express authorization
of the owner of the system or network.
- Interception. Unauthorized monitoring of data or traffic on any network
or system of Liviant LLC or any third party.
- Intentional Interference. Interference with service to any user, host or
network including, but not limited to, denial of service attacks, mail bombing,
news bombing, other flooding techniques, deliberate attempts to overload a
system and broadcast attacks.
- Falsification of Origin. Forging of any TCP-IP packet header, e-mail header
or any part of a message header. This prohibition does not include the use
of aliases or anonymous remailers.
- Avoiding System Restrictions. Using manual or electronic means to modify
usage details for billing reasons or to avoid any use limitations placed on
the Services such as access and storage restrictions.
No E-Mail Abuses
You may not distribute, publish, send or incite unsolicited mass e-mailings,
promotions, advertising, or solicitations (such as "spam"), including,
without limitation, commercial advertising, informational announcements, and
mail bombing. You may not use Liviant LLC's mail server or a third party mail
server to relay mail without the express permission of the account holder or
the third party site. Posting the same or similar message to one or more newsgroups
(including, but not limited to, the use of chain letters, excessive cross-postings
or multiple-postings) is explicitly prohibited.
If you host your own electronic mailing distribution list, you must have an
"opt-in" format for subscribers. You must also include valid unsubscription
instructions on every outgoing mailing to that list, and have a published privacy
policy for your organization.
No Service Bureaus
You may not sell, assign, rent, transfer, distribute, act as a service bureau,
or grant rights in the Service to any other person without the express prior
written consent of Liviant LLC.
Enforcement by Liviant LLC
Liviant LLC reserves the right, but does not assume the obligation, to investigate
any violation of this Policy or misuse of Liviant LLC's Systems. As described
in the Hosting Agreement, Liviant LLC reserves the right and has absolute discretion
to (a) enforce this Policy and the terms of the Hosting Agreement and (b) remove
or disable access, screen or edit any Customer Content that violates these provisions
or is otherwise objectionable. Without limitation, Liviant LLC also reserves
the right to report any activity (including the disclosure of appropriate subscriber
information) that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other appropriate third parties. Liviant
LLC also may cooperate with appropriate law enforcement agencies to assist in
the investigation and prosecution of any illegal conduct by providing network
and systems information related to allegedly illegal, harmful or objectionable