Acceptable Use Policy

The Internet is a network of networks. Each network is owned by someone different. You are only allowed to view a webpage on a server or send e-mail to or from another server because its owners or administrators choose to allow it. If the owner of any other server decides that either your or your service provider are not worthy of the privilege of having access to their network they may deny any or all access to their network. This most often happens because the other network administrators feel that the banned network has taken advantage of their generosity. Our Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of our network and assure that our network is not denied the ability to communicate with other networks due to reasons within our control. We reserve the right to alter the policies stated here in order to meet those goals.

Under most circumstances, Whizardries, Inc. will not monitor traffic being generated by the Client. However, if Whizardries, Inc. is informed of a potential violation of a local, state, or federal law, or if the Client's activities cause denial of service to remote computers on the Internet, Whizardries, Inc. will investigate the cause of denial of service or violation of the law. In the case of an attack or a violation of the law, Whizardries, Inc. will also assist the victim if asked to do so.

Whizardries, Inc. will turn over the information to appropriate law enforcement agencies in response to requests sent in compliance with the law or a specific court order.

Whizardries, Inc. does not monitor the content of electronic mail messages sent using the Service; however, Whizardries, Inc. does reserve the right to monitor the volume of messages being posted from a specific account.

The Client will not use the Service to perform illegal actions (for example, illegally copied software).

The Client will not initiate Denial of Service attacks. Denial of Service attacks are a direct violation of federal law, and in the event that the Client initiates such an attack, Whizardries, Inc. will cooperate fully with federal and local law enforcement agencies requesting Whizardries, Inc.' help.

The Client will not perform abusive actions directed towards a person or group of people. If asked to cease communications with a certain person, Internet domain, or other clearly identifiable group, the Client must stop. Death threats or threats of bodily harm also place the Client in violation of this clause of the agreement, and as with any other illegal activity, such threats will not be tolerated.

The Client will not use the service to send unsolicited broadcast e-mail (UBE or "spamming"). UBE is defined as the same message (or messages that are significantly similar) sent to more than one recipient, without the prior consent of the people receiving such messages. Since e-mail shifts the costs for delivery upon the recipient, Whizardries, Inc. feels that spamming is a form of theft which should not be tolerated by responsible Internet providers. We encourage the use of "confirmed opt-in" mailing lists, whereby people are placed on a list of recipients only after confirming their request to be placed on said lists; UBE constitutes "opt-out" communications and is in violation of this clause of the agreement. It is the Client's responsibility to ensure that all mailing lists, including those used by the Client when a customer of a previous Internet service provider, conform to this standard before the first mailing goes out.

The Client will not advertise a web site hosted by Whizardries, Inc. using UBE from any Internet account, whether or not the account used to send the UBE is a Whizardries, Inc. account.

The Client will not post the same message (or messages that are significantly similar) which references their Whizardries, Inc. account in any way to more than five Usenet discussion groups ("newsgroups"). This applies to messages that are posted to one newsgroup, as well as messages crossposted to more than one newsgroup at once. Nor may the Client violate the published charter of any newsgroup.

The Client will not attach a Whizardries, Inc. e-mail address or numeric Internet Protocol (IP) address in any format to an e-mail message sent out as UBE, or a Usenet message sent in violation of this agreement; nor shall the Client implicate Whizardries, Inc. in such a message in any other way.

The Client will not forge e-mail headers.

The Client will not use another person's e-mail address in e-mail messages. The Client may identify himself/herself/itself with an e-mail address obtained from a web-based e-mail service, another ISP, or a school or place of employment, as long as the e-mail address used is one where the Client is authorized to receive mail.

The Client shall not use Whizardries, Inc.' services and equipment to store, advertise, or distribute any instrument whose use by the Client in its intended fashion would constitute a violation of this service agreement.

If the Client purchases Whizardries, Inc.' services for resale to others, customers of the Client must comply with this Acceptable Use Policy. If Whizardries, Inc. finds that a customer of the Client is in violation of the Acceptable Use Policy, and the Client does not take steps to ensure that his/her/its customer ceases the actions placing it in violation, Whizardries, Inc. may terminate service to the Client and impose other penalties described in the section titled "Penalties."

The Client is solely responsible for his/her/its use of the Service and all activity on his/her/its account. If the Client violates this agreement or the Terms of Service and/or activity occurs on the Client's account that damages Whizardries, Inc., the Client agrees to indemnify and compensate Whizardries, Inc. and its employees, affiliates and suppliers against any such loss, damage and expense, including reasonable attorneys fees, that is incurred by such entities or people as a result of the violation of this agreement or the activity on his/her/its account.

Attempts to violate portions of the Terms of Service presented in the section "Access Restrictions" will result in the termination of the Client's account with no refund.

If Whizardries, Inc.'s DNS servers host an Internet domain registered by the Client and used by the Client for actions described in this section of the agreement, Whizardries, Inc. will terminate DNS service for the domain, in addition to imposing penalties listed in this section.

Violations of portions of the agreement presented in the section "Abuse of the Internet" will result in the termination of the Client's account with no refund. The Client will also be billed for time spent handling complaints and/or dealing with legal issues as a result of the violation. The Client will be billed five hundred dollars, or $50 per hour spent dealing with the violation, whichever amount is larger.

Whizardries, Inc., at its sole discretion, may choose to give the Client one (1) warning upon the first violation of this policy. The only time a warning may potentially be given is for violations involving sections 7 through 14.

In the event that Whizardries, Inc. becomes aware of alleged violation of this agreement, Whizardries, Inc. may, at its sole option, suspend the Client's access to the Service while the matter is being investigated. If access is suspended, and the allegation is determined to be unfounded, access will be promptly be restored, and the Client will be granted pro-rated credit for the period for which service was suspended. In such a case, the Client's sole recourse is against the party making the allegations to Whizardries, Inc.; Whizardries, Inc. will cooperate in such lawsuit, by providing any and all information in its possession with regard to the origin and/or identity of the complainant.

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Acceptable Use Policy