Acceptable Use Policy

Last Modified January 5, 2012




As a provider of web site hosting, and other Internet-related services,
SEO Web Sales, Inc. (hereafter referred to as "SEO") offers its customers, their customers, and
end-users (collectively known as “Subscribers”), the means to
acquire and disseminate a wealth of public, private, commercial, and
non-commercial information. SEO respects that the Internet provides a
forum for free and open discussion and dissemination of information,
however, when there are competing interests at issue, SEO reserves
the right to take certain preventative or corrective actions. In
order to protect these competing interests, SEO 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 utilizing SEO’s services. This AUP will be revised from time
to time. A customer’s use of SEO’s services after changes to the
AUP are posted on SEO’s web site, www.seowebsales.com,
will constitute the customer’s acceptance of any new or additional
terms of the AUP that result from those changes.




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 the Internet, 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 SEO cannot monitor, verify, warrant, or vouch for the
accuracy and quality of the information that Subscribers may 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 is
sexually explicit or otherwise offensive. Because SEO cannot monitor
or censor the Internet, and will not attempt to do so, SEO cannot
accept any responsibility for injury to its Subscribers that results
from inaccurate, unsuitable, offensive, or illegal Internet
communications.




When Subscribers disseminate information through the Internet, they also
must keep in mind that SEO does not review, edit, censor, or take
responsibility for any information its Subscribers may create. When
Subscribers 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 they create
is carried over SEO’s network and may reach a large number of
people, including both Subscribers and nonsubscribers of SEO,
Subscribers’ postings to the Internet may affect other Subscribers
and may harm SEO’s goodwill, business reputation, and operations.
For these reasons, Subscribers violate SEO 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 messages over the
Internet (known as “Spamming”). It is not only harmful because of
its negative impact on consumer attitudes toward SEO, but also
because it can overload SEO’s network and disrupt service to SEO
Subscribers. Also, maintaining an open SMTP relay is prohibited. When
a complaint is received, SEO has the discretion to determine from all
of the evidence whether the email recipients were from a “Confirmed
Opt-in” email list. With Confirmed Opt-in (also called Closed-Loop
Opt-in) the email recipient has verifiably confirmed permission (also
known as “Verifiable Confirmation Information”) for the address
to be included on the specific mailing list, by confirming
(responding to) the list subscription request verification. This is
the standard practice for all responsible Internet mailing lists, as
it ensures users are properly subscribed, from a working address, and
with the address owner’s consent. SEO reserves the right to request
from Subscriber the Verifiable Confirmation Information and to verify
this information with the email recipient. Further, spam does not
have to be sent from the Subscriber account or SEO’s network to
violate SEO policy. Email sent by or through a third party that
advertises or otherwise directs traffic or links to the Subscriber
web site or Subscriber account will be held to the same standard as
those emails sent directly by Subscriber. The use of email lists
obtained or purchased from a third party must also be verifiable by
Subscriber to meet the requirements of Confirmed Opt-in with
Verifiable Confirmation Information that recipient has opted-in to
email from Subscriber.




Intellectual
Property Violations
— Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities. Also,
engaging in activity that violates privacy, publicity, or other
personal rights of others. SEO is required by law to remove or block
access to customer content upon receipt of a proper notice of
copyright infringement. It is also SEO’s policy to terminate the
privileges of customers who commit repeat violations of copyright
laws.




Obscene
Speech or Materials
— Using SEO’s network to advertise, transmit, store, post,
display, or otherwise make available obscene speech or material.




Child Pornography
— Using SEO’s network to advertise, transmit, store, post,
display, or otherwise make available child pornography. SEO has a no
tolerance policy
for child pornography, and accounts reported to SEO as potentially
containing child pornography will be immediately disabled and
reported to the NCMEC. SEO is required by law to notify law
enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through SEO’s network.




Defamatory
or Abusive Language
— Using SEO’s network as a means to transmit or post 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 might be used as a precursor
to an attempted system penetration (i.e. port scan, stealth scan, or
other information gathering activity).




Security Scans
— SEO understands the needs of our Subscribers to meet certain
industry requirements that require Subscriber or a third party
engaged by Subscriber to conduct security scans of the Subscriber
account or web site. All such scans must be coordinated in advance
with SEO. Requirements for conducting any scan on SEO’s network can
be obtained from abuse-form-submission
. Failure to coordinate and meet all requirements prior to scanning
is a violation of SEO policy.




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,
mailbombing, 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.




Facilitating 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, mailbombing, denial of service
attacks, and piracy of software. This can include failure to update
software used on Subscriber account or web site that is known to be
vulnerable to malicious activity or exploitation. SEO also expects
Subscriber to use secure passwords to protect Subscriber account and
associated email accounts. Use of passwords deemed by SEO to be
insecure are a violation of SEO policy.




Export Control Violations
— Exporting encryption software over the Internet or otherwise, to
points outside the United States.




Usenet Groups
— SEO 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 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 SEO
determines to be harmful to its Subscribers, operations, reputation,
goodwill, or customer relations.




As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the Subscriber. SEO
will not, as an ordinary practice, monitor the communications or
content of its Subscribers to ensure that they comply with SEO policy
or applicable law. When SEO becomes aware of harmful activities,
however, it may take any action to stop the harmful activity,
including but not limited to, removing information, shutting down a
web site, implementing screening software designed to block offending
transmissions, denying access to the Internet, or take any other
action it deems appropriate.




SEO also is aware that many of its Subscribers are, themselves, providers
of Internet services, and that information reaching SEO’s
facilities from those Subscribers may have originated from a customer
of the Subscriber or from another third-party. SEO does not require
its Subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its Subscribers.
SEO has the right to directly take action against a customer of a
Subscriber. Also, SEO may take action against the SEO Subscriber
because of activities of a customer of the Subscriber, even though
the action may effect other customers of the Subscriber. Similarly,
SEO expects that Subscribers who offer Internet services will
cooperate with SEO in any corrective or preventive action that SEO
deems necessary. Failure to cooperate with such corrective or
preventive measures is a violation of SEO policy.




SEO also is concerned with the privacy of on-line communications and web
sites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise
compromised.




As a matter of prudence, however, SEO urges its Subscribers to assume
that all of their on-line communications are insecure. SEO cannot
take any responsibility for the security of information transmitted
over SEO’s facilities.




SEO will not intentionally monitor private electronic mail messages sent
or received by its Subscribers unless required to do so by law,
governmental authority, or when public safety is at stake. SEO may,
however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, SEO 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. SEO
assumes no 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, SEO may disclose Subscriber information or information transmitted
over its network where necessary to protect SEO and others from harm,
or where such disclosure is necessary to the proper operation of the
system.




SEO expects that its Subscribers who provide Internet services to others
will comply fully with all applicable laws concerning the privacy of
on-line communications. A Subscriber’s failure to comply with those
laws will violate SEO policy. Finally, SEO wishes to emphasize that
in signing the service agreement, Subscribers indemnify SEO for any
violation of the service agreement, law, or SEO policy, that results
in loss to SEO or the bringing of any claim against SEO by any
third-party. Additionally, if there is any dispute about or involving
the services, subscribers agree that any such dispute will be
governed by the laws of the State of California without regard to its
conflict of law provisions. This means that if SEO is sued because of
a Subscriber’s or customer of a Subscriber’s activity, the
Subscriber will pay any damages awarded against SEO, plus costs and
reasonable attorneys’ fees.




We hope this AUP is helpful in clarifying the obligations of Internet
users, including SEO and its Subscribers, as responsible members of
the Internet. Any complaints about a Subscriber’s violation of this
AUP should be sent to abuse-form-submission.