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ACCEPTABLE USE
POLICY
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Willow Creek Computer Systems, LLC ("WCCS") provides Internet
services, as they may exist from time to time (the "Services"),
to: (1) individuals who establish and account with WCCS and
subscribe (which may include a fee) for certain Services
("Subscribers"); and (2) individuals who access some of our
Services but do not have accounts ("Visitors") (Subscribers and
Visitors are collectively referred to as "User(s)"). Through
establishing an account with WCCS or by using the Services, all
Users agree to be bound by the terms of this Acceptable Use
Policy, and our other policies. If you do not wish to be bound by
the terms and conditions of this Acceptable Use Policy, you may
not use any of our Services.
While WCCS does not exercise any control over the content of any
web site, electronic mail transmission or any other material
delivered through our Services, we reserve the right to remove any
materials that we believe: (i) may be illegal; (ii) may subject us
to liability; or (iii) may violate this Acceptable Use Policy.
WCCS will not intentionally monitor or disclose any private e-mail
message unless required by law. WCCS also reserves the right to
cooperate with legal authorities and/or third parties with respect
to the investigation of any suspected or alleged criminal or civil
violation. Any violation of this Acceptable Use Policy may result
in the suspension of termination of your use of the Services
and/or your WCCS Account.
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I. PROPRIETARY RIGHTS |
Users
acknowledge and agree that all contents and materials
available through the Services are protected by
copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. Except as
expressly authorized by WCCS, Users agree not to sell,
license, rent, modify, copy, reproduce, distribute,
transmit, publicly display, publicly perform, publish,
edit, adapt, or create derivative works from such
materials or contents. To request permission from WCCS,
contact WCCS's Customer Service Department at
billing@wccs.net.
Notwithstanding the foregoing, Users may print or download
copies of the materials or contents provided through the
Services for User's personal, non-commercial use, provided
User keeps intact all copyright and other proprietary
notices.
The systematic retrieval of data or other contents derived
from our Services to create or compile, directly or
indirectly, a collection, compilation, database or
directory without written permission from WCCS is strictly
prohibited. Any use of the content or materials for any
purpose not expressly permitted in this Acceptable Use
Policy is also strictly prohibited. |
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II. VIOLATIONS |
A User
may not use the Services to:
(i) Restrict or inhibit any other User from using and
enjoying the Internet;
(ii) Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic,
profane, or otherwise objectionable information of any
kind, including any transmissions constituting or
encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any local, state, national, or international
law;
(iii) Post on any webspace provided any sexually
explicit materials or materials that may be offensive;
(iv) Post or transmit any information or software that
contains a virus, cancelbot, Trojan horse, worm or other
harmful component;
(v) Post or transmit information that threatens or
encourages bodily harm or destruction of property, or
harasses another individual;
(vi) Post, publish, transmit, reproduce, distribute or
in any way exploit any information, software or other
material obtained through the Services for commercial
purposes (other than as expressly permitted by the
provider of such information, software or other
material);
(vii) Upload, post, publish, transmit, reproduce, or
distribute in any way, information, software or other
material obtained through the Services which is
protected by copyright, trademark, patent, trade secret,
or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the
copyright owner or rightholder, including, but not
limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of
photographs from print publications, or other
copyrighted sources, and the unauthorized transmittal of
copyrighted software;
(viii) Upload, post, publish, transmit, reproduce,
transmit or distribute in any way any component of the
Services or derivative works with respect thereto;
(ix) Send unsolicited advertising or promotional
materials to other network users;
(x) Allow users to run Maillist, Listserv or any form of
auto-response from a User's WCCS Account;
(xi) Harm, or attempt to harm, minors in any way;
(xii) Run or activate processes while User is not logged
in;
(xiii) Violate the security of any computer network,
crack passwords or security encryption codes, transfer
or store illegal material including that deemed
threatening or obscene, or engage in any kind or illegal
activity. This includes "denial of service" attacks
against another network host or individual user. It is
the User's responsibility to ensure their network is
configured in a secure manner;
(xiv) Attempt to defeat any idle timer or system tool
intended to enforce the part-time and personal nature of
User's connection, including the use of pingbots and
other methods of avoiding timing disconnection;
(xv) Violate any of the rules, regulations and policies
of those networks and computer systems accessed via
User's WCCS Account;
(xvi) Collect, or attempt to collect, personal
information about third parties without their consent;
or
(xvii) Resell the Services without WCCS's authorization.
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III. SPAM |
WCCS
considers "spam" to be any unsolicited commercial e-mail.
By using the Services, a User agrees to never send spam
from an WCCS account. In addition, Users agree to limit
their use of the Services to the following restrictions,
which are strictly prohibited:
(i)The unauthorized use of any email server located
throughout the Internet for the purposes of relaying or
distributing messages;
(ii)The sending of large volumes of unsolicited e-mails
to individuals from an WCCS account ("Mail Bombing");
(iii)To "flood" or disrupt any newsgroup, mailing list,
chatroom, or similar forum by excessive hitting of the
return key or scrolling faster than others;
(iv)The purposeful distribution of any email message
where the return address, originator's address, or any
other identifiable aspect of the message has been
purposefully altered. A User may not purposefully
misrepresent the origination information of any email
messages sent while using the Services; and
(v)The distribution of any fraudulent material. This
includes the posting of any fraudulent offers to buy or
sell products, items or services, or to advance any type
of financial scheme, such as a "pyramid scheme," charity
requests, petitions, chain letters, or any other type of
unsolicited e-mailing to persons or entities that have
not agreed to be part of such mailings.
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IV. REMEDIES |
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USER
AGREES THAT WCCS MAY IMMEDIATELY TERMINATE THE SERVICES IF
USER IS IN VIOLATION OF ANY TERM IN THIS ACCEPTABLE USE
POLICY. FURTHERMORE, VIOLATION OF ANY OF TERM IN SECTION
III (SPAM) WILL RESULT IN LIQUIDATED DAMAGES PAYABLE TO
WCCS IN THE AMOUNT OF $200 PER VIOLATION. USER AGREES THAT
THE ACTUAL DAMAGES INCURRED FOR SUCH A VIOLATION IS
DIFFICULT TO ASCERTAIN, AND THAT $200 IS A REASONABLE
ESTIMATION OF THE DAMAGES INCURRED BY WCCS FOR ANY SUCH
VIOLATION. IN SUCH EVENT, WCCS MAY CHARGE USER'S CREDIT
CARD, IF ON FILE FOR USE IN PAYMENT OF WCCS'S SERVICES,
FOR SAID LIQUIDATED DAMAGES. OTHERWISE, USER AGREES TO PAY
WCCS THE APPLICABLE LIQUIDATED DAMAGES UPON RECEIPT OF ANY
SUCH INVOICE. |
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V. KNOWN VIOLATIONS |
WCCS
requests that in the event you believe there is a
violation of this Acceptable Use Policy, that you notify
us at: billing@wccs.net.
If possible, please provide the following information:
(i) the date and time of the alleged violation;
(ii) evidence of the alleged violation; and
(iii) the IP address from which the violation came.
WCCS reserves the right to revise, amend or modify this
Acceptable Use Policy at any time.
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