Network Solutions - Private Label Hosting

Acceptable Use Policy v 2.0

Introduction

This Acceptable Use Policy encourages the responsible use of Network Solutions' services and delineates the relatively narrow range of uses of Network Solutions services that are contrary to Network Solutions' mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of Network Solutions' systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Services Agreement with us. Uses of the Network Solutions services described below are prohibited. The Services Agreement shall mean the agreement between You and Network Solutions.  Terms that are used, but not defined in this Acceptable Use Policy, shall have the same meaning as such terms in the Network Solutions Service Agreement found at http://www.networksolutions.com/legal/static-service-agreement.jsp.

Prohibited Uses

I. You and your customers agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by Network Solutions. The following are prohibited uses of our services:

  1. Transmission, distribution, uploading, posting 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, material kept in violation of state laws or industry regulations such as social security numbers or credit card numbers, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. You or your customers may not transmit, distribute, or store material that contains a virus, "Trojan Horse," adware or spyware, corrupted data, or any software or information to promote or utilize software or any of Network Solutions services to deliver unsolicited e-mail. You and your customers further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
  2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Network Solutions' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Network Solutions' servers, is prohibited. Network Solutions 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.
  3. Running Unconfirmed Mailing Lists (if applicable). 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 your 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 or from any Network Solutions-hosted domain, or referencing any Network Solutions account, is prohibited.
  4. Advertising, transmitting, or otherwise making available or using 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.
  5. Forwarding Internet users to any Web site that, if such web site were provided by Network Solutions, would violate the provisions of this Acceptable Use Policy.
  6. Using the Private Registration service (if applicable) to provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party.
  7. Using the DNS Manager service (if applicable), or knowingly or recklessly permitting others to use the DNS Manager Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of Network Solutions' network by other customers or authorized users; (d) in a manner that is inconsistent with Network Solutions routing policies, provided you have notice of such policies or such policies are publicly available on Network Solutions Web site; (e) in violation of the applicable acceptable use policies of Network Solutions' backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Web sites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Manager Service provided by Network Solutions; or (g) in a manner which, in Network Solutions opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.
  8. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
  9. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  10. Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Network Solutions network or on another provider's network.
  11. Using Network Solutions' services in a manner that interferes with the use or enjoyment of the Network Solutions network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other Network Solutions customers or other Partners’ customers.
  12. Holding of Network Solutions (including its affiliates) or their employees or shareholders up to public scorn, ridicule, or defamation.
  13. Impersonating any person or entity, including, but not limited to, a Network Solutions official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  14. You and your customers agree not to exceed the bandwidth or storage space limits applicable to the Hosting Services purchased, as set forth on our Website. You agree that if you or your customer does exceed either of such limits, Network Solutions, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Hosting Services. You agree that Network Solutions will have no liability to you or any of your customers due to any corrective action that Network Solutions may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. In addition, you and your customers agree not to use our Hosting Services as online storage space for archived electronic files. If we detect that you are using our Hosting Services to archive files, you agree that Network Solutions may suspend or terminate your Hosting Services without liability.

II. You and your customers acknowledge and agree that it is a violation of this AUP for your services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Network Solutions' systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party over which you have no control.
III. You and your customers are solely responsible for the content furnished to Network Solutions in connection with the Web site or other services that are provided, or made available to others through use of our services. Network Solutions cannot and does not design (except where you are receiving our Design Services if applicable), review or screen content you or your customers provide to us for inclusion in their Web site (or that they use, provide or make available in connection any services we provide to you) and does not assume any obligation to monitor such content. However, you agree that we may review your or your customer’s Web site or other content in responding to a third party complaint or for any other reason.
IV. You and your customers may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your or your customers’ use of our services. You and your customers agree that our services will not (i) be used to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) be used to upload or otherwise transmit any content that you or your customer do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.
V. You represent and warrant that no federal, state or local authority prohibits or materially limits Network Solutions from transacting business with you or providing our services to you or your customers, agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or our provision of services to you or your agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this Acceptable Use Policy and a material breach of the Services Agreement.

Violations

If Network Solutions determines in its sole discretion that you or your customers conduct violate the terms of this Acceptable Use Policy, Network Solutions may suspend, restrict, terminate, or take any other appropriate action with regard to those services without any obligation to refund fees paid. Network Solutions reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your or your customers’ conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if (i) our opinion or suspicion is proven not to be well founded or (ii) we provide other customers’ services that have similar characteristics or are being used in a similar manner as your services. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. You also understand and agree that by providing you services, Network Solutions in no way endorses your or your customers’ Web site or deems content to be suitable under the terms of this Agreement.

You agree that Network Solutions shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Modifications to this Acceptable Use Policy

You and your customers agree that Network Solutions, in its sole discretion, may modify this Acceptable Use Policy and when such modifications are made the updated Acceptable Use Policy will be posted on this website.

v2.0