| As a provider of web site
hosting, and other Internet-related services, ricaldrich.com Web Hosting
offers its clients, and their customers and users, the means to
disseminate a wealth of public, private, commercial, and noncommercial
information. ricaldrich.com Web Hosting respects that the Internet
provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, ricaldrich.com
Web Hosting reserves the right to take certain preventative or
corrective actions. In order to protect these competing interests, ricaldrich.com
Web Hosting has developed an 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 ricaldrich.com Web
Hosting’s services. This AUP will be revised from time to time. A
customer's use of ricaldrich.com Web Hosting’s services after changes
to the AUP are posted on ricaldrich.com Web Hosting’s web site,
http://www.ricaldrich.com, 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 to
disseminate information to others.
When information is disseminated through
the Internet, they also must keep in mind that ricaldrich.com Web
Hosting does not review, edit, censor, or take responsibility for any
information its clients 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 ricaldrich.com Web Hosting’s
network and may reach a large number of people, including both clients
and non-clients of ricaldrich.com Web Hosting, clients' postings to the
Internet may affect other clients and may harm ricaldrich.com Web
Hosting’s goodwill, business reputation, and operations. For these
reasons, clients violate ricaldrich.com Web Hosting policy and the
service agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward ricaldrich.com Web Hosting,
but also because it can overload ricaldrich.com Web Hostings network and
disrupt service to ricaldrich.com Web Hosting clients. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received, ricaldrich.com
Web Hosting has the discretion to determine from all of the evidence
whether the e-mail recipients were from an "opt-in" e-mail
list.
Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also, engaging in
activity that violates privacy, publicity, or other personal rights of
others. ricaldrich.com Web Hosting is required by law to remove or block
access to customer content upon receipt of a proper notice of copyright
infringement. It is also ricaldrich.com Web Hosting’s policy to
terminate the privileges of customers who commit repeat violations of
copyright laws.
Because the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to dictate what
is considered "adult material." However, it is not our
function to discriminate against those who choose to utilize adult
content or adult related material. This being said, there are still
several reasons why ricaldrich.com Web Hosting has created a no adult
material policy.
What does ricaldrich.com Web
Hosting consider "Adult Material?"
- Any site whose revenue is gained in
part or whole from its adult or adult related content.
- Photos, videos or any web page
content showing or inferring nudity on either men or women for
non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to
sites who violate any of the above policies.
- ricaldrich.com
Web Hosting will be the sole arbiter in determining what is and
what is not "Adult Material".
Why does ricaldrich.com Web Hosting
have this policy?
A virtual server is a shared environment where many servers reside on
each particular machine. Consider that an average "adult
site" gets more hits than 100 standard websites. Some of the
smaller adult sites get around 5 GB of transfer per day. With these
types of resources being utilized, our servers would be severely
slowed if we allowed these high traffic sites to also reside on our
servers. On top of that, we would be forced to raise our prices to pay
for the additional bandwidth. We strive to keep our servers fast and
inexpensive, and our bandwidth clear; therefore, adult sites are not
an option. ricaldrich.com Web Hosting reserves the right to decide
what it considers "adult content", "adult
material", "sexually explicit", or "sexually
related". Let us know if you are unsure of the approval of your
site before placing an order.
Using ricaldrich.com Web Hosting’s network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message.
Accessing illegally or without authorization computers, accounts, or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as
"hacking"). Also, any activity that might be used as a
precursor to an attempted system penetration (i.e. port scan, stealth
scan, or other information gathering activity).
Background daemons in general are prohibited on ricaldrich.com Web
Hosting servers, including, but not limited to, IRC bots, egg drop,
BitchX, XiRCON, warez sites and any other program that interferes with
normal server operation. ricaldrich.com Web Hosting will be the sole
arbiter of what constitutes a violation of the above policy.
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing, or
denial of service attacks. Also, activities that disrupt the use of or
interfere with the ability of others to effectively use the network or
any connected network, system, service, or equipment.
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks, and piracy of
software.
Exporting encryption software over the Internet or otherwise, to points
outside the United States or Canada
ricaldrich.com Web Hosting reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content of the
newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirated
software.
Engaging in activities, whether lawful or unlawful, that ricaldrich.com
Web Hosting determines to be harmful to its clients, operations,
reputation, goodwill, or customer relations. As we have pointed out, the
responsibility for avoiding the harmful activities just described rests
primarily with the client. ricaldrich.com Web Hosting will not, as an
ordinary practice, monitor the communications of its client to ensure
that they comply with ricaldrich.com Web Hosting policy or applicable
law. When ricaldrich.com Web Hosting becomes aware of harmful
activities, however, it may take any action to stop the harmful
activity, including but not limited to, removing information, shutting
down a web site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or take any
other action it deems appropriate. ricaldrich.com Web Hosting also is
concerned with the privacy of on-line communications and web sites. In
general, the Internet is neither more nor less secure than other means
of communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise compromised. As a
matter of prudence, however, ricaldrich.com Web Hosting urges its
clients to assume that all of their on-line communications are insecure.
ricaldrich.com Web Hosting cannot take any responsibility for the
security of information transmitted over ricaldrich.com Web Hosting’s
facilities. ricaldrich.com Web Hosting will not intentionally monitor
private electronic mail messages sent or received by its clients unless
required to do so by law, governmental authority, or when public safety
is at stake. ricaldrich.com Web Hosting may, however, monitor its
service electronically to determine that its facilities are operating
satisfactorily. Also, ricaldrich.com Web Hosting may disclose
information, including but not limited to, information concerning a
client, a transmission made using our network, or a web site, in order
to comply with a court order, subpoena, summons, discovery request,
warrant, statute, regulation, or governmental request. ricaldrich.com
Web Hosting assumes no obligation to inform the client that client
information has been provided and in some cases may be prohibited by law
from giving such notice. Finally, ricaldrich.com Web Hosting may
disclose client information or information transmitted over its network
where necessary to protect ricaldrich.com Web Hosting and others from
harm, or where such disclosure is necessary to the proper operation of
the system.
We hope this AUP is helpful in
clarifying the obligations of Internet users, including ricaldrich.com
Web Hosting and its clients, as responsible members of the Internet. Any
complaints about a client's violation of this AUP should be sent to
customer support.
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