DE Web Works, LLC Acceptable Use Policy
This AUP is incorporated by reference in your Service Order with DE Web Works, LLC and your services may be suspended or terminated without prior notice
for violation of this AUP in accordance with the General Terms and Conditions
This AUP is designed to help protect our customers, and the Internet community, from irresponsible, abusive or illegal activities.
Inquiries regarding this policy should be directed to email@example.com
You may not use DE Web Works's network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- 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;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the DE Web Works or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against the DE Web Works network or website, or DE Web Works's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Bulk or Commercial Email
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers to relay mail without express permission.
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, you must obtain DE Web Works's advance approval for any bulk email, which will not be given unless you are able to demonstrate all of the following to DE Web Works's reasonable satisfaction: in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
DE Web Works may terminate the service of copyright infringers.
- You must have valid and current information on file with your domain name registrar for any domain hosted on the DE Web Works network.
- You may only use IP addresses assigned to you by DE Web Works in connection with your DE Web Works services.
- You agree that if the DE Web Works IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of this AUP, and DE Web Works may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
Consequences of Violation of AUP
DE Web Works may charge you its hourly rate for AUP breach recovery (currently $135.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to DE Web Works or any of its customers by the violation of this AUP, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the General Terms and Conditions, and (v) have DE Web Works's Internet Protocol numbers removed from any abuse database. No credit will be available under your DE Web Works Service Level Agreement for interruptions of service resulting from AUP violations.