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.

General

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 information.
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 information in violation of any applicable law and/or stated privacy policy.

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 content.