SPECIAL NOTICE: The delivery of services on the internet cannot be guaranteed by any organization, company, individual, agency, government or any other entity!
Web hosting and e-mail are unregulated services, made possible by the interconnection of hundreds of thousands of equipment and data connections that are owned by the individuals, organizations, companies, governments and agencies that control and maintain their individually owned, leased or otherwise acquired equipment. As such, ChicagoNetTech Inc offers no guarantee of delivery; and takes no responsibility for; unavailable web pages, the non-delivery or delayed delivery of any e-mail, unavailable or non-available ftp access, or any other service or services offered by ChicagoNetTech Inc or any other company who's services and/or equipment are connected to and delivered by the internet.
Since ChicagoNetTech Inc is only one part of a non-guaranteeable, unreliable, uncontrollable, and invisible delivery chain, all we can do is make a "best effort" to prevent service outages which might be caused by the equipment, hardware, software, connections, and links over which we have control.
INTRODUCTION: This Acceptable Use Policy ("AUP") has been created by ChicagoNetTech, Inc. and all of the entities controlling, controlled by, or under common control with ChicagoNetTech, Inc. ("ChicagoNetTech") to promote the integrity, security, reliability and protection of ChicagoNetTech's network, facilities, offerings, and Clients.
ChicagoNetTech may, without prior notice, modify this AUP as ChicagoNetTech deems appropriate and such modified AUP will be effective upon posting on ChicagoNetTech's website. Throughout the term of its Agreement with ChicagoNetTech, Client must ensure that the use of any service, product, or resource offered, owned, or controlled by ChicagoNetTech to Client ("Service") conforms to ChicagoNetTech's then-current AUP.
Client will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.
PROHIBITED USES: The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Client's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws.
ChicagoNetTech will cooperate with all court orders, subpoenas, and other similar government requests ordering ChicagoNetTech to disclose information about use of the Service. The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of ChicagoNetTech:
a) Violates local, state, federal, foreign, or international Law;
b) Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person")
In addition to the other requirements of this AUP, the Service may be used only in a manner that, in ChicagoNetTech's sole discretion is consistent with the purposes of such Service. Client should contact ChicagoNetTech if it is unsure of whether any contemplated use or action is permitted.
By way
of example, and not limitation, the uses described below
are expressly prohibited:
a) Deceptive or fraudulent practices.
b) Discrimination against any person or persons on the basis of race, color, sex, age, religion, national origin, handicap, sexual orientation, gender, gender identity or any other factor.
c) Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
Actions that restrict or inhibit any Person, whether another client of ChicagoNetTech, an end-user of ChicagoNetTech's services, ChicagoNetTech, or otherwise, in its use or enjoyment of any ChicagoNetTech Service. System and Network:
a) The deliberate transmission of computer viruses worms, Trojan software, or other malicious programs.
b) Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
c) Attempting to gain unauthorized entry to any site or network including, but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.
d) Attempting to circumvent host or user authentication or other security measures of any host, network or account.
e) Maintaining an Open Email Relay / Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.
E-MAIL:
a)
Sending unsolicited mail messages, including the sending
of "junk mail" or other advertising material to individuals
who did not specifically request such material, who were
not previous Clients or with whom the sender did not
have an existing business relationship ("E-mail spam").
ChicagoNetTech reserves the right to determine in its
sole discretion and based on the information available.
ChicagoNetTech
Inc does not authorize the use
of its computers and computer network to
accept, transmit or distribute unsolicited bulk e-mail
sent from the Internet to ChicagoNetTech customers.
In addition, Internet e-mail sent, or caused to be
sent, to or through the ChicagoNetTech mail servers
or its network, that makes use of, or contains
invalid or forged headers, invalid or non-existent
domain names or other means of deceptive addressing,
will be deemed to be counterfeit. Any attempt to
send, or cause such counterfeit e-mail to be sent
to or through, ChicagoNetTech Inc e-mail servers
or out network(s) is unauthorized. Similarly, e-mail
that is relayed from any third party's mail servers
without the permission of that third party, or which
employs similar techniques to hide or obscure the
source of the e-mail, is also an unauthorized use
of the ChicagoNetTech e-mail servers and network.
ChicagoNetTech Inc does not authorize anyone to send
e-mail, or cause e-mail to be sent to, the ChicagoNetTech
e-mail servers, or via our network, that
violates ChicagoNetTech's Terms of Service or Acceptable
Use Policy. ChicagoNetTech does not authorize
the harvesting or collection of e-mail addresses
from the ChicagoNetTech e-mail servers for the purpose
of sending unsolicited e-mail. ChicagoNetTech reserves
the right to take all legal and technical steps available
to prevent unsolicited bulk e-mail, or other unauthorized
e-mail, from entering, utilizing or remaining within
the ChicagoNetTech e-mail servers and/or our network.
Nothing in this policy is intended to grant any right
to transmit or send e-mail to, or through, either
any e-mail server under control of ChicagoNetTech
Inc or the networks under the control of ChicagoNetTech.
ChicagoNetTech's failure to enforce this policy in
every instance in which it might have application
does not amount to a waiver of ChicagoNetTech's rights.
Unauthorized
use of ChicagoNetTech's e-mail servers or any part of
the ChicagoNetTech network, in connection with
the transmission of unsolicited bulk e-mail, including
the transmission of counterfeit e-mail, may result in
civil and criminal penalties against the sender, including
those provided by the Computer
Fraud and Abuse Act (18 U.S.C. 1030 et seq.), the
CAN-SPAM Act of 2003.
(1)
what constitutes spam as well as
(2) what measures
are necessary in response to spamming complaints.
b)
Harassment including, but not limited to, through language,
frequency or size of messages.
c) Unauthorized
use, or forging, of mail header information.
d) Solicitations
of mail for any other E-mail address other than of the
poster's account or service with the intent to harass or
to collect replies.
e) Creating or
forwarding "chain letters" or other " schemes" of any type.
f) Use of unsolicited
E-mail originating from within ChicagoNetTech's network
or networks of other Internet Service ChicagoNetTech's
on behalf of, or to advertise any service hosted by ChicagoNetTech,
or connected via ChicagoNetTech's network.
USENET NEWSGROUPS:
a) Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").
b) Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from ChicagoNetTech's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by ChicagoNetTech, or via ChicagoNetTech's network.
c) Posting chain letters of any type.
d) Posting encoded binary files to newsgroups not named for that purpose.
e) Cancellation of, or superseding of posts other than your own.
f) Forging of header information of the poster's account or service.
ADDITIONAL OBLIGATIONS PERTAINING TO BULK E-MAIL: Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be clearly included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.
SERVICE RESALE: No Service or any portion of Service shall be resold by any client unless expressly authorized, in writing, by ChicagoNetTech in an executed wholesale contract.
Password Protection: Client is responsible for protecting passwords and for any authorized or unauthorized use of both their systems and/or networks and the systems and/or networks of ChicagoNetTech Inc.
CONTENT PROTECTION: Client must provide appropriate protection to prevent minors (persons under the age or 18 years or 21 years of age, depending on the state in which they live) from accessing any unsuitable material published via any Service. This content protection shall consist of a pre-entry page that is displayed before the main access page to any site that contains adult content and shall provide a plain language statement that the site contains material that may not be suitable for minors. The pre-entry page shall also contain a link to send anyone who is either under age or does not desire to view such adult content to a page that does not contain adult content.
CONTENT RESPONSIBILITY: Client is responsible for all content or information residing on, obtained or transmitted via the Service.
CONTENT OWNERSHIP: The ownership of the content of a Client's web site remains the property of the client who programmed the content on the page except where such content is directly related to the processing of credit cards and has been programmed and/or provided by Chicago Net Tech Inc, in which such content will display a copyright indicating that such content is owned by ChicagoNetTech Inc and shall remain the property of ChicagoNetTech Inc.
VULNERABLE SYSTEMS: ChicagoNetTech reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to ChicagoNetTech which may be allocated for Client use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. ChicagoNetTech will use commercial reasonable efforts to ensure that such testing
(1) will be non-intrusive in nature, and
(2) will not adversely affect Service provided to Client or compromise the security of Client's network.
Client is responsible for correcting any system vulnerability upon notification. Client must terminate operations of a known compromised system.
SERVICE PROVIDED EQUIPMENT: Client is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.
CANCELLATION OF HOSTING SERVICES: Cancellation of service requires THIRTY (30) DAYS NOTIFICATION by Client to ChicagoNetTech Inc. Such cancellation must be made via US MAIL or FAXCIMILIE. To send a cancellation notice via mail, it should be mailed to our corporate offices at ChicagoNetTech Inc, ATTN: Account Services, 3401 W Beach Ave, Chicago IL 60651-2332. To fax your cancellation notice, please fax it to 773.365.0108
AUP ENFORCEMENT: Violation of this AUP may subject Client to international, federal, and/or state civil and/or criminal liability, including without limitation all applicable Business and Professional codes in effect in the State of Illinois and the State in which the Client is based. Client activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Client. ChicagoNetTech reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that ChicagoNetTech, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to ChicagoNetTech's interests or the interests of others if access is terminated.
ChicagoNetTech, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Client's data stored on Service.
