Acceptable Use Policy

Introduction

As a provider of web site hosting and other Internet-related services, LayerHost offers its customer (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. LayerHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, LayerHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, LayerHost 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 using LayerHost' services. This AUP will be revised from time to time. 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 it, 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 LayerHost cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they 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 may be sexually explicit or otherwise offensive. Because LayerHost cannot monitor or censor the Internet, and will not attempt to do so, LayerHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that LayerHost 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 created is carried over LayerHost' network and may reach a large number of people, including both subscribers and non-subscribers of LayerHost, subscribers' postings to the Internet may affect other subscribers and may affect LayerHost' goodwill, business, reputation or operations. For these reasons, subscribers violate LayerHost 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 information over the Internet is strictly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward LayerHost, but also because it can overload LayerHost' network and disrupt service to LayerHost' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, LayerHost will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore LayerHost reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should LayerHost choose to pursue and prosecute.

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through LayerHost's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on LayerHost's servers, is prohibited. LayerHost accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by LayerHost customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any LayerHost-hosted domain, or referencing any LayerHost account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any LayerHost customers or end-users by any means or device.

Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the LayerHost network or on another provider's network.

Using LayerHost's Services to interfere with the use of the LayerHost network by other customers or authorized users.

AUDIO/VIDEO STREAMING

Audio/Video Streaming is not hosting friendly. As such, LayerHost does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

ADULT-ORIENTED CONTENT

LayerHost does allow adult content but will suspend/terminate any offending account who breaches the laws of the United States of America.

LARGE FILE POLICY

LayerHost is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

OBSCENE SPEECH OR MATERIALS

Using LayerHost' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. LayerHost is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

DEFAMATORY OR ABUSIVE LANGUAGE

Using LayerHost' network as a means to transmit or post negative, 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 may 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, 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.

FACILITATION 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, mail bombing, 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

LayerHost 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, but not limited to, 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 LayerHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. LayerHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with LayerHost' policy or applicable law.

However, when LayerHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by LayerHost. LayerHost is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching LayerHost' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. LayerHost does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers.

LayerHost reserves the right to directly take action against a customer of its subscribers. Also, LayerHost may take action against the LayerHost' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, LayerHost anticipates that subscribers who offer Internet services will cooperate with LayerHost in any corrective or preventive action that LayerHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of LayerHost policy.

LayerHost will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. LayerHost may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, LayerHost 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. LayerHost assumes not 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, LayerHost may disclose subscriber information or information transmitted over its network where necessary to protect LayerHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, LayerHost will never sell information to other services or outside companies. LayerHost expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate LayerHost policy. Finally, LayerHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify LayerHost for any violation of the Service Agreement, law or LayerHost policy resulting in loss to LayerHost or the bringing of any claim against LayerHost by any third party. This means that, if LayerHost is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against LayerHost, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including LayerHost and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected].