1. Introduction, Purpose, and General Terms
1.1. This Web site gives you the ability to learn about Valnet and its products and services as well as the ability to access our network and services (“Valnet Services”). By using any sites or services owned, operated, or provided by Valnet, you signify your agreement to the terms, conditions, and notices of this policy. “You”, when used in the Agreement, shall mean the Valnet Customer of record and that Valnet Customer’s end users.
1.3. This document sets forth the principles, guidelines, and requirements of the Acceptable Use Policy of Valnet (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of Valnet’s Acceptable Use Policy (“AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Valnet. Valnet reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Valnet web site.
1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and Valnet Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Valnet reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon posting of the revised, amended, or modified AUP to Valnet’s website.
1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Valnet deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Valnet.
1.7. Any questions or comments regarding the AUP should be directed to Valnet by e-mail to the following e-mail address: firstname.lastname@example.org, for issues concerning the AUP.
2. General Prohibitions
2.1. You may not use this site or Valnet’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Valnet Network, or Valnet’s Services, or any other party’s use or enjoyment of this site, the Valnet Network, or Valnet’s Services.
2.2. Adult Content Web Hosting Prohibited.
2.2.1 Adult-oriented sites demand a special system, network, and bandwidth requirements. Valnet does not accommodate those extraordinarily large requirements in its hosting plans. Therefore you may not use Valnet’s services for adult-oriented and pornography sites. This includes sites that may include sexual content or links to adult content elsewhere.
2.2.2 Where allowed by applicable law, Valnet does not prohibit you from posting a static Web page that meets all of the following criteria:
• the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses Valnet’s services;
• the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content, and
•the page does not require a user to log in with a username or password to access any of the Web site’s content.
2.2.3 In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with Valnet, you must comply with all such applicable laws. However, Valnet cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does Valnet advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
2.2.4 If you use Valnet’s service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because Valnet does not censor the content of your Web sites and pages.
2.2.5 If you have a hosting account with Valnet, you may not sell hosting services to any clients or customers that sell adult content.
2.2.6 You may not use Valnet’s services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where Valnet’s services are offered, or where they can be viewed through Valnet’s services:
• Online pornography or adult content for which a viewer must subscribe to access it,
• Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
• Obscene materials, as defined by law. If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
2.3 Per-Service usage provisions
2.3.1 Dialup Service
• Only one login at a time is permissible per username
• “Backup Dialup” accounts may only be used when primary service is not functioning properly.
• Dialup accounts are for attended access only. It is against this AUP to leave your dialup connection online when not actively using said connection.
2.3.2 Wireless Service
• Any activity which is deemed by the network administrators to have an overall negative impact on the service levels received by all customers is forbidden.
• At any time Valnet may choose to filter specific protocols to prevent network traffic detrimental to the operation of the wireless networks. These filters will be applied without bias to a particular IP address, servers, sources, or destinations and are applied solely for the purpose of fair network management.
• Attaching unauthorized devices to the wireless network is prohibited. Authorization for devices may be obtained from the Network Administrator. This only applies to devices directly associating to Valnet Access Points and does not apply to devices attached to Client Premise Equipment.
2.3.3 DSL Service
• Any activity which is deemed by the network administrators to have an overall negative impact on the service levels received by all customers is forbidden.
• At any time Valnet may choose to filter specific protocols to prevent network traffic detrimental to the operation of the network. These filters will be applied without bias to a particular IP address, servers, sources, or destinations and are applied solely for the purpose of fair network management.
3. Compliance with Law
Customer shall not use Valnet Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Valnet sole discretion:
3.1 Violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,
3.2 is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
3.3 threatens or encourages bodily harm or destruction of property,
3.4 harms any person,
3.5 victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
3.6 is posted in violation of a newsgroup charter,
3.7 contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
3.8 violates any terms or conditions of any other network access provider or Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
3.10 adds, removes or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
3.11 collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
3.12 has a negative effect on Valnet or its network (including, without limitation, overloading servers on the Valnet network; causing portions of the Valnet network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Valnet, impose an unreasonable administrative burden on Valnet; etc.), or
3.13 violates the prohibition on terrorist content and activities described below. Terrorist Content Prohibited.
3.13.1 The United States Homeland Security Act of 2002 defines “terrorism” as “any activity that —
(A) involves an act that —
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources, and
(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and
(B) appears to be intended —
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”
(Pub. L. 107-296 (2002) § 2(15)).
3.13.2 You may not use Valnet services to do any of the following acts by any means, or resell Valnet services to any individual or organization that you know to be doing any of the following acts by any means:
220.127.116.11 engage in terrorism,
18.104.22.168 solicit any other individual or organization to engage in terrorism,
22.214.171.124 conspire with any other individual or organization to engage in terrorism,
126.96.36.199 help any other individual or organization to engage in terrorism, or
188.8.131.52 knowingly engage in commerce with any of the following individuals or organizations
184.108.40.206.1 those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as “the Executive Order”), as it may be amended from time to time, a copy of which is available online at the following Web page: http://www.ustreas.gov/offices/enforcement/of ac/legal/eo/13224.pdf 220.127.116.11.2 foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;
18.104.22.168.3 businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and
22.214.171.124.4 persons whom the Secretary of the Treasury of the United States of America, in consultation with the Secretary of State and the Attorney General of the United States of America, has determined are:
126.96.36.199.4.1 helping terrorists or suspected terrorists by giving them money, material, or technology; or
188.8.131.52.4.2 associated otherwise with terrorists or suspected terrorists.
3.13 .2.5.5 transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
3.13 .2.5.6 conspiracies to violate the Executive Order;
184.108.40.206 knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
220.127.116.11 make donations to terrorists and suspected terrorists.
3.13.3 While Valnet is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.
18.104.22.168 Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of Valnet’s hosting services.
22.214.171.124 Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
126.96.36.199 Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.
4. System and Network Security
Violations of system or network security are strictly prohibited and may result in criminal and civil liability as well as the termination of services from Valnet. Valnet investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected. You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Valnet account or attempt to gain unauthorized access to another network or server. Examples of system or network security violations include, without limitation, the following:
4.1 Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
4.2 Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
4.3 Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
4.4 Introduction into the network or server of any encrypted or compressed file or archives such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
4.5 Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
4.6 Executing any form of network activity that will intercept data not intended for the Customer.
4.7 Circumventing user authentication or security of any host, network or account.
4.8 Interfering with or denying service to any user other than users of the Customer’s host (examples: denial of service attack or distributed denial of service attack).
4.9 Using any program script/command or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
4.10 Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Valnet services or those of any other party.
4.11 Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
4.12 Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Valnet may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Valnet by offended users. Valnet reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography
Valnet will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Valnet network and shall be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
7. Valnet No-Spam Policy (NSP)
7.1 Customer shall comply with all the terms and conditions of Valnet’ No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with Valnet.
7.2 At Valnet, we are committed to providing valuable services to our customers.
7.3 An important part of Valnet mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Valnet.
7.4 To report any spam you receive that identifies itself as coming from the valnet.net servers or claims to be related to Valnet in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
7.5 Definition of Spam
Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:
• a commercial e-mail message or other electronic messages, including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have a preexisting business or personal relationship,
• a commercial e-mail message or other electronic messages that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information. For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above
7.6 “Opt-in” E-mail Lists
Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services. If you choose to use an “opt-in” e-mail list, please be aware that Valnet will consider ANY violation of the requirements or regulations of such any third-party provider of software or services for such a list to be a violation of this NO SPAM Policy. Furthermore, Valnet reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7 Zero Tolerance for Spam
Valnet will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Valnet services whether or not the message actually originated from our network. Violation of this NO-SPAM policy will result in Valnet taking one or more of the following actions:
• A warning via e-mail,
• Suspension of your account until further notice,
• Removal of DNS for the advertised/originating site, or
• Temporarily blocking outgoing mail from your site.
• Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
• Valnet reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Valnet Network.
• PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
8. No Editing, Censoring, or Control of Communications; Reservation of Rights
Your participation in online communication or use of any Valnet service is not edited, censored, or otherwise controlled by Valnet. However, Valnet reserves the right to monitor content on any Valnet servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Valnet, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
9. Export Control Laws
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at: http://www.bis.doc.gov/Encryption/
10. International Use
Valnet makes no representation that materials available through any Valnet service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Valnet from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Valnet, its parents, subsidiaries, partners, joint ventures, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.