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| Billing Terms &
Acceptable
Use Policy
Billing
Terms
The
initial setup fee and first year's service fee are required
as payment for all new domain orders. The setup fee is
non-refundable.
Acceptable
Use Policy
Last Modified
March 9, 2000
As a provider
of Internet access, web site hosting, and other
Internet-related services, ObjectFrame offers its customers
(also known as subscribers), and their customers and users,
the means to acquire and disseminate a wealth of public,
private, commercial, and non-commercial information. ObjectFrame
respects that the Internet provides a forum for free and
open discussion and dissemination of information, however,
when there are competing interests at issue, ObjectFrame
reserves the right to take certain preventative or
corrective actions. In order to protect these competing
interests, ObjectFrame 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 ObjectFrame's
services. This AUP will be revised from time to time. A
customer's use of ObjectFrame's services after changes to
the AUP are posted on ObjectFrame's web site, www.objectframe.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, 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 ObjectFrame
cannot monitor, verify, warrant, or vouch for the accuracy
and quality of the information that subscribers may acquire.
For this reason, the subscriber 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 ObjectFrame cannot monitor or censor the Internet,
and will not attempt to do so, ObjectFrame cannot accept any
responsibility for injury to its subscribers that results
from inaccurate, unsuitable, offensive, or illegal Internet
communications.
When
subscribers disseminate information through the Internet,
they also must keep in mind that ObjectFrame does not
review, edit, censor, or take responsibility for any
information its 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 ObjectFrame's network and may reach a
large number of people, including both subscribers and
nonsubscribers of ObjectFrame, subscribers' postings to the
Internet may affect other subscribers and may harm ObjectFrame's
goodwill, business reputation, and operations. For these
reasons, subscribers violate ObjectFrame policy and the
service agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:
Spamming
-- 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 ObjectFrame, but also because it
can overload ObjectFrame's network and disrupt service to ObjectFrame
subscribers. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, ObjectFrame has
the discretion to determine from all of the evidence
whether the email recipients were from an
"opt-in" email list.
Intellectual
Property Violations -- 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. ObjectFrame
is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright
infringement. It is also ObjectFrame's policy to terminate
the privileges of customers who commit repeat violations
of copyright laws.
Obscene
Speech or Materials -- Using ObjectFrame's network to
advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or
material. ObjectFrame is required by law to notify law
enforcement agencies when it becomes aware of the presence
of child pornography on or being transmitted through ObjectFrame's
network.
Defamatory
or Abusive Language -- Using ObjectFrame's network as
a means to transmit or post defamatory, harassing,
abusive, or threatening language.
Forging of
Headers -- Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the
message.
Illegal or
Unauthorized Access to Other Computers or Networks --
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).
Distribution
of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities -- Distributing information
regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mailbombing, 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.
Facilitating
a Violation of this AUP -- 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, mailbombing, denial of
service attacks, and piracy of software.
Export
Control Violations -- Exporting encryption software
over the Internet or otherwise, to points outside the
United States.
Usenet
Groups -- ObjectFrame reserves the right not to accept
postings from newsgroups where we have actual knowledge
that the content of the newsgroup violates the AUP.
Other
Illegal Activities -- 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
pirating software.
Other
Activities -- Engaging in activities, whether lawful
or unlawful, that ObjectFrame determines to be harmful to
its subscribers, operations, reputation, goodwill, or
customer relations.
As we have
pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the
subscriber. ObjectFrame will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that
they comply with ObjectFrame policy or applicable law. When ObjectFrame
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.
ObjectFrame
also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information
reaching ObjectFrame's facilities from those subscribers may
have originated from a customer of the subscriber or from
another third-party. ObjectFrame does not require its
subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its
subscribers. ObjectFrame has the right to directly take
action against a customer of a subscriber. Also, ObjectFrame
may take action against the ObjectFrame subscriber because
of activities of a customer of the subscriber, even though
the action may effect other customers of the subscriber.
Similarly, ObjectFrame anticipates that subscribers who
offer Internet services will cooperate with ObjectFrame in
any corrective or preventive action that ObjectFrame deems
necessary. Failure to cooperate with such corrective or
preventive measures is a violation of ObjectFrame policy.
ObjectFrame
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, ObjectFrame urges its subscribers to
assume that all of their on-line communications are
insecure. ObjectFrame cannot take any responsibility for the
security of information transmitted over ObjectFrame's
facilities.
ObjectFrame
will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required
to do so by law, governmental authority, or when public
safety is at stake. ObjectFrame may, however, monitor its
service electronically to determine that its facilities are
operating satisfactorily. Also, ObjectFrame may disclose
information, including but not limited to, information
concerning a subscriber, 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. ObjectFrame
assumes no obligation to inform the subscriber that
subscriber information has been provided and in some cases
may be prohibited by law from giving such notice. Finally, ObjectFrame
may disclose subscriber information or information
transmitted over its network where necessary to protect ObjectFrame
and others from harm, or where such disclosure is necessary
to the proper operation of the system.
ObjectFrame
expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate ObjectFrame
policy. Finally, ObjectFrame wishes to emphasize that in
signing the service agreement, subscribers indemnify ObjectFrame
for any violation of the service agreement, law, or ObjectFrame
policy, that results in loss to ObjectFrame or the bringing
of any claim against ObjectFrame by any third-party. This
means that if ObjectFrame is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will
pay any damages awarded against ObjectFrame, plus costs and
reasonable attorneys' fees.
We hope this
AUP is helpful in clarifying the obligations of Internet
users, including ObjectFrame and its subscribers, as
responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to abuse@objectframe.com.
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