Acceptable Use Policy
We do not routinely monitor the activity of services used by customer for violation of this Acceptable Use Policy (the “Policy”). However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although we have no obligation to monitor Services provided and/or the network, we, and various of our affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and our customers. In other words, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service for any reason.
Prohibited Actions under the Acceptable Use Policy include, but are not limited to:
Objectionable Content- Any content (written, visual, or implied) that:
- infringes upon any copyright, trademark, trade secret, or patent of any third party;
- violates any obligation of confidentiality;
- violates the privacy, publicity, moral or any other right of any third party;
- is hateful or obscene;
- is being used to harass, stalk, or otherwise threaten a person;
- is libelous, defamatory, knowingly false or misrepresents another person or;
- is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that we inform you that we consider objectionable.
- Adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead.
- Attempting to impersonate any person by using forged headers or other identifying information.
Network Unfriendly Activity
- Any activities which adversely affect the ability of other people or systems to use Optimal Host services or the Internet are prohibited. This includes “denial of service” attacks against the Optimal Host servers, network hosts or individual user.
- Sending unsolicited commercial e-mail. Using one of our products or services to distribute unsolicited commercial e-mail is prohibited.
- Sending large volumes of unsolicited e-mail (aka “mail bombing”) is prohibited.
Access Control and Authentication
- Attempting to circumvent user authentication or security of any host, network, or account (aka “cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of Optimal Host servers and networks.
Proxy Hunters, Spiders, Robots
- Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the internet.
We prefer that you self-govern your content and remain responsible and all-knowing of your website publicly provides. Even if other users have access to your account, you are responsible for their actions. If we are made aware of any questionable content on site hosted by us, we will address the concerns immediately and directly with you to seek a resolution. If any person contacts us about content they have found on our server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
We believe in the freedom of speech and prefer to advise customers of inappropriate behavior and have the customer undertake any necessary corrective action. However, if our Services are used in a way that we or our distribution affiliates, in our reasonable discretion, believe violate this Policy, we, or our distribution affiliates, may take any responsive actions deemed appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by us. Neither us nor our distribution affiliates will have any liability for any such responsive actions. The above-described actions are not our exclusive remedies and we may take any other legal or technical action it deems appropriate.
We reserve the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on our servers and network. During an investigation, we may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize us and our distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include us providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer’s service, we are authorized to delete any files, programs, data and email messages associated with such account.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit, or display while using any goods or services provided by us and that you are solely responsible for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
Any failure by us or our distribution affiliates to enforce this Policy, for whatever reason, will not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New Jersey.