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Acceptable Use Policy ("AUP")
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General Information. As a provider
of Internet/World Wide Web access, web site hosting, and other
Internet-related services, Braveheart Technologies Corporation ("BTC")
offers its customers, the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information. BTC respects
that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing interests at
issue, BTC reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, BTC has developed
this 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 BTC's
services. This AUP will be revised from time to time. A customer's use of
BTC's services after changes to the AUP are posted on BTC's web site,
http://www.btcorp.net under the Legal
Details section, 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, both in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through the
Internet, they must keep in mind that BTC cannot monitor, verify, warrant,
or vouch for the accuracy and quality of the information that users may
acquire. For this reason, the user must exercise his or her best judgment in
relying on information obtained from the Internet, and also should be aware
that some material posted to the Internet is sexually explicit or otherwise
offensive. Because BTC cannot monitor or censor the Internet, and will not
attempt to do so, BTC cannot accept any responsibility for injury to its
users, customers or subscribers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications. When users, customers or
disseminate information through the Internet, they also must keep in mind
that BTC does not review, edit, censor, or take responsibility for any
information its users, customers or subscribers 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 BTC's network and may
reach a large number of people, including both customers and subscribers and
non-subscribers of BTC, customers' and subscribers' postings to the Internet
may affect other customers and subscribers and may harm BTC's goodwill,
business reputation, and operations. For these reasons, customers and
subscribers violate BTC policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage in activities described
herein.
- Scope.
This AUP governs the usage of BTC's products and services (the
"Services"). This AUP is incorporated by reference into each contract BTC
enters into with a customer (each, a "Customer") for the use of such
Services. BTC may modify this AUP at any time without notice. In addition,
this AUP is incorporated by reference into the Terms of Service applicable
to BTC's Web site so that no person who utilizes BTC's Web site (regardless
of whether that person is a Customer) may take any action utilizing BTC's
Web site that a Customer would be prohibited to take utilizing the Services.
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Purpose. The purpose of this AUP is
to enhance the quality of the Services and to protect BTC's customers, and
the Internet community as a whole, from illegal, irresponsible, or
disruptive Internet activities. This AUP applies to each Customer and its
employees, agents, contractors or other users of such Customer who obtain
Services from BTC (each such person being a "User"). Each User should use
common sense and good judgment in connection with the Services. Parents or
guardians should always supervise minors in using the Internet. Parents and
guardians should remain aware at all times of what is on the Internet and
how the minors under their care are using the Services and the Internet.
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Prohibited Uses. Customers and Users
may not:
- Utilize the Services to send
unsolicited bulk and/or commercial messages over the Internet (known as
"spam" or "spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward BTC, but also because it can
overload BTC's network and disrupt service to its Customers subscribers.
Maintaining an open SMTP relay is prohibited. Any direct action,
configuration, or setting that causes excessive outbound email traffic
is subject to review and possible action. When a complaint is received,
BTC has the absolute and sole discretion to determine from all of the
evidence whether the email recipients were from an "opt-in" email list,
or whether the outbound email traffic generated from an account is
suitable for a shared hosting environment.
- Utilize the Services in
connection with any illegal activity. Without limiting the general
application of this rule, Customers and Users may not:
- Utilize the Services to
copy material from third parties (including text, graphics, music,
videos or other copyrightable material) without proper
authorization;
- Utilize the Services to
misappropriate or infringe the patents, copyrights, trademarks or
other intellectual property rights of any third party;
- Utilize the Services to
traffic in illegal drugs, illegal gambling, obscene materials or
other any products or services that are prohibited under applicable
law;
- Utilize the Services to
export encryption software to points outside the United States in
violation of applicable export control laws;
- Utilize the Services to
Forge or misrepresent message headers, whether in whole or in part,
to mask the originator of the message; or
- Utilize the Services in
any manner that violates applicable law.
- Utilize the Services in
connection with any tortuous or actionable activity. Without limiting
the general application of this rule, Customers and Users may not:
- Utilize the Services to
publish or disseminate information that (A) constitutes slander,
libel or defamation, (B) publicizes the personal information or
likeness of a person without that person's consent or (C) otherwise
violates the privacy rights of any person. Utilize the Services to
threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or
services that are illegal under applicable law.
- Utilize the Services in
connection with any other disruptive or abusive activity. Without
limiting the general application of this rule, Customers and Users
may not:
- Utilize the Services
to cause denial of service attacks against BTC or other network
hosts or Internet users or to otherwise degrade or impair the
operation of BTC's servers and facilities or the servers and
facilities of other network hosts or Internet users; or
- Post messages or
software programs that consume excessive CPU time, or storage
space, or network bandwidth; or
- Utilize the Services
to offer mail services, mail forwarding capabilities, POP
accounts or auto responders other than for the User's own
account; or
- Utilize the Services
to resell access to CGI scripts installed on BTC's servers; or
- Utilize the Services
to subvert, or assist others in subverting, the security or
integrity of any BTC systems, facilities or equipment; or
- Utilize the Services
to gain unauthorized access to the computer networks of BTC or
any other person; or
- Utilize the Services
to provide passwords or access codes to persons not authorized
to receive such materials by the operator of the system
requiring the password or access code; or
- Utilize the Services
to (A) forge the signature or other identifying mark or code of
any other person, (B) impersonate or assume the identity or any
other person, or (C) engage in any other activity (including
"spoofing") to attempt to deceive or mislead other persons
regarding the true identity of the User (excluding the use of
anonymous re-mailers or Internet nicknames); or
- Utilize the Services
to distribute or post any virus, worm, Trojan horse, or computer
code intended to disrupt services, destroy data, destroy or
damage equipment, or disrupt the operation of the Services; or
- Utilize the Services
to conduct port scans or other invasive procedures against any
server (except any server for which the User is an authorized
system administrator); or
- Utilize the Services
to distribute, advertise or promote software or services that
have the primary purpose of encouraging or facilitating
unsolicited commercial e-mail or Spam; or
- Utilize the Services
to solicit or collect, or distribute, advertise or promote,
e-mail address lists for the purpose of encouraging or
facilitating unsolicited commercial e-mail or Spam; or
- Utilize the Services
in any manner that might subject BTC to unfavorable regulatory
action, subject BTC to any liability for any reason, or
adversely affect BTC's public image, reputation or goodwill,
including, without limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by BTC in its sole
discretion; or
- While on a shared
hosting platform, utilize, operate, enable, execute, compile,
upload or publicly store source code, executable code, programs,
or software packages designed to perform tasks not directly
associated with website/email hosting, including, without
limitation, (A) directly opening any listening port, (B)
starting any 'daemon' process, (C) performing local/remote
security scans, (D) simulating local shell/OS access by means of
a tunneled/encapsulated connection to a remote host, (E)
circumventing firewall restrictions, (F) connecting to any
IRC/Peer to Peer file sharing server/network, (G) providing
'tracker' services to 'BitTorrent' clients and/or (H) exploiting
web browser vulnerabilities, as determined by BTC in its sole
discretion; or
- Attempt to attack,
disrupt, or abuse the support- and contact-related mechanisms of
BTC, including, but not limited to, telephone lines, email
addresses, fax lines, bulletin boards or contact/signup forms;
or
- Utilize the Services
in any other manner to interrupt or interfere with the Internet
usage of other persons;
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Violations
- Disclaimer. BTC expressly
disclaims any obligation to monitor its Customers and other Users with
respect to violations of this AUP. BTC has no liability or
responsibility for the actions of any of its Customers or other Users or
any content any User may post on any Web site.
- Reporting Non-Copyright
Violations. BTC encourages Users to report violations of this policy by
e-mail to: abuse@btcorp.net,
including in any such report the name of the offending domain (for
example, xyz.com) and the type of abuse (for example, Spam, illegal
acts, harassment, etc.) in the "subject" field of the e-mail.
- Reporting Copyright
Violations. BTC complies with the Digital Millennium Copyright Act ("DMCA").
BTC encourages Users to report an alleged copyright infringement
involving a user by sending a notice that complies with the DMCA which
information is located under the Legal section of this website.
- Remedies. If BTC learns of a
violation of this AUP, BTC will respond to the applicable Customer and
may, in BTC's sole discretion, take any of the following actions, in
accordance with the severity and duration of the violation:
- Warning the Customer;
and/or
- Suspending the offending
Customer from the Services; and/or
- Terminating the offending
Customer from the Services; and/or
- Imposing fees or charges
on the offending Customer account in accordance with the applicable
service contract; and/or
- Removing the offending
content; and/or
- Taking other action in
accordance with this AUP, the applicable service contract or
applicable law.
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Reservation of Rights. BTC reserves the right
to cooperate with appropriate legal authorities in investigations of claims
of illegal activity involving BTC's Services, Customers and other Users. BTC
reserves all other rights to respond to violations of this AUP to the extent
of applicable law and in accordance with any applicable contractual
obligations. BTC may utilize technical means to monitor communications into,
and out of, its network facilities to prevent the introduction of viruses or
other hostile code, to prevent intrusions and otherwise to enforce this AUP
and each Customer agrees that BTC is authorized to monitor its
communications through BTC's network for such purposes.
Revised: June 17, 2006
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