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Acceptable Use
Policy
Use of Quack Web Service constitutes
acceptance and agreement to Quack Web's Terms as well as Quack
Web's AUP (Acceptable Use Policy), spam policy and fraud policy.
Quack Web's Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what Quack Web
expects of them while using the service.
In accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this AUP. Quack
Web may cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of your Quack Web account.
This document is intended to provide a basic understand of Quack
Web's Acceptable Use Policy. The following are guidelines for
the establishment and enforcement of Quack Web's AUP:
-Ensure reliable service to our customers
-Ensure security and privacy of our systems and network, as well
as the networks and systems of others
-Comply with existing laws
-Maintain our reputation as a responsible service provider
-Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services
-Preserve the value of Internet resources as a conduit for free
expression and exchange of information
-Preserve the privacy and security of individual users
While the Quack Web is firmly committed to
the principles of free speech, certain activities that may be
damaging to the resources of both the Quack Web and the Internet
and cannot be permitted under the guise of free speech. The
resources of the Quack Web and the Internet are limited, and
abuse of these resources by one user has a negative impact on
the entire community.
You may not use your account to publish material, which Quack
Web determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and
audio recordings.
If a Quack Web account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of
inappropriate behavior and any necessary corrective action,
however, flagrant violations of the Acceptable Use Policy will
result in immediate termination of service. Our failure to
enforce this policy, for whatever reason, shall not be construed
as a waiver of our right to do so at any time.
VIOLATIONS OF QUACK WEB'S ACCEPTABLE
USE POLICY
The following constitute violations of this AUP:
Illegal use: Quack Web's
services may not be used for illegal purposes, or in support of
illegal activities. Quack Web reserves the right to cooperate
with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the
Quack Web service to harm, or attempt to harm, minors in any
way, including, but not limited to child pornography.
Threats: Use of the Quack
Web service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm
or destruction of property.
Harassment: Use of the Quack
Web service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
Fraudulent activity: Use of
Quack Web service to make fraudulent offers to sell or buy
products, items, or services, or to advance any type of
financial scam such as "pyramid schemes," "ponzi schemes," and
"chain letters."
Forgery or impersonation:
Adding, removing or modifying identifying network header
information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or
other identifying infrmation is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail /
Unsolicited bulk e-mail (SPAM) Use of the Quack Web
service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Accounts found to be spamming are subject to immediate cancelation
and will be subject to a cleanup/disconnect fee. See our terms of service for full details on fees. Spam is any
email that is unwelcomed or unwanted, email sent to email addresses obtained using but not limited to email harvesting,
email CDs, spidering or any other way that is indirectly associated with your site. The only acceptable way
for email to not be considered spam when sent in bulk is when running your own double opt-in list. Final decision on
what constitutes spam is at our discretion, if you are unsure what you are sending is spam or not, contact us!
E-mail / News Bombing:
Malicious intent to impede another person's use of electronic
mail services or news will result in the immediate termination
of the offending Quack Web account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Quack Web
service is in violation of this AUP.
Unauthorized access: Use of
the Quack Web service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate,
security measures of Quack Web's or another entity's computer
software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results
in the corruption or loss of data, is expressly prohibited and
the offending Quack Web account is subject to immediate
termination.
Copyright or trademark infringement:
Use of the Quack Web service to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of
copyrighted software.
Collection of personal data:
Use of the Quack Web service to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent.
Network disruptions and unfriendly
activity: Use of the Quack Web service for any
activity which affects the ability of other people or systems to
use Quack Web Services or the Internet. This includes "denial of
service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is the
Member's responsibility to ensure that their network is
configured in a secure manner. A customer may not, through
action or inaction, allow others to use their network for
illegal or inappropriate actions. A customer may not permit
their network, through action or inaction, to be configured in
such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner. Unauthorized
entry and/or use of another company and/or individual's computer
system will result in immediate account termination. Quack Web
will not tolerate any customer attempting to access the accounts
of others, or penetrate security measures of other systems,
whether or not the intrusion results in corruption or loss of
data.
Fraud: Involves a knowing
misrepresentation or misleading statement, writing or activity
made with the intent that the person receiving it will act upon
it.
Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or
causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result in
the immediate termination of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using Quack Web services could
result in suspension service.
Third Party Accountability:
Quack Web customers will be held responsible and accountable for
any activity by third parties, using their account, that
violates guidelines created within the Acceptable Use Policy.
IRC networks: It is
absolutely forbidden to host an IRC server that is part of or
connected to another IRC network or server. Accounts found to be
connecting to or part of these networks will be immediately
removed from our network without notice. Security
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. 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 security of
another account or attempt to gain unauthorized access to
another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing your password and account access with unauthorized users
is prohibited. You should take care to prevent others from using
your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but is
not limited to, accessing data not intended for you, logging
into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security
is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or
network probing tools.
You may not attempt to interfere with service to any user, host
or network ("denial of service attacks"). This includes, but is
not limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal
or civil liability. Quack Web will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
violations.
Network Performance
Quack Web accounts operate on shared
resources. Excessive use or abuse of these shared network
resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You may
not use resource-intensive programs which negatively impact
other customers or the performances of Quack Web systems or
networks. Quack Web reserves the right to terminate or limit
such activities.
REPORTING VIOLATIONS OF QUACK WEB'S AUP
Quack Web requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse
Department by
clicking here.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time
zone or offset from GMT
Evidence of the alleged violation
Email with full header information provides
all of the above, as do system log files. Other situations will
require different methods of providing the above information.
Quack Web may take any one or more of the following actions in
response to complaints:
Issue written or verbal warnings
Suspend the customer's account
Terminate the customer's account
Bill the Member for administrative costs and/or reactivation
charges
Bring legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Quack Web reserves the right to revise, amend, or modify this
AUP, our TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service). |