's
Internet services: those who access some of our Services but do not
have accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this TOS and our TOS (Terms
of Service).
Use
of our Service constitutes acceptance and agreement to our TOS
as well as TOS (Terms of Service)
We
support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or through
the services, except for certain proprietary Web sites. However, 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 TOS. WebTurtleCo 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 TOS may result in the suspension or
immediate termination of either your WebTurtleCo
account or other actions as detailed in Section 3 WITHOUT
PRIOR NOTICE.
This
document is intended to provide a basic understand of our Acceptable
Use Policy. The following are guidelines for the establishment and
enforcement of the TOS:
·
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
We
intends to provide its customers access to everything the Internet
has to offer. While we are firmly committed to the principles of
free speech, certain activities that may be damaging to the
resources of both us and the Internet and cannot be permitted under
the guise of free speech. Our resources and the Internet are
limited, and abuse of these resources by one user has a negative
impact on the entire community.
We
do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of billing
records. However, in our efforts to promote good citizenship within
the Internet community, we will respond appropriately if we become
aware of inappropriate use of our service.
You
may not use your virtual site to publish material, which we
determine, 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
an 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.
As
a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please
contact us at info@webturtleco.com.
VIOLATIONS
OF OUR ACCEPTABLE USE POLICY
The
following constitute violations of this TOS:
Illegal
use:
our services may not be used for illegal purposes, or in support of
illegal activities. We 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 our service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
Threats:
Use of our 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 our service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
Fraudulent
activity:
Use of our 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
information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of our service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of
the offending account.
IMPORTANT
NOTICE:
BEGINNING
IMMEDIATELY, anyone hosting websites or services on our
server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their server
immediately removed from our network. The server will not be
reconnected until such time that you agree to remove ANY
and ALL
traces of the offending material immediately upon reconnection and
agree to allow us access to the server to confirm that all material
has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the
customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network without
notice.
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 WebTurtleCo
account.
E-mail
/ Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the WebTurtleCo
service is in violation of this TOS.
Usenet
SPAMing:
We have a zero tolerance policy for the use of its network for the
posting of messages or commercial advertisements, which violate the
rules, regulations, FAQ or charter of any newsgroups or mailing
list. Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients
are permitted.
Unauthorized
access:
Use of our service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security
measures of our 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 account is subject
to immediate termination.
Copyright
or trademark infringement:
Use of our 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 our service to collect, or attempt to collect, personal
information about third parties without their knowledge or
consent.
Network
disruptions and unfriendly activity:
Use of our service for any activity which affects the ability of
other people or systems to use our 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 Subscriber may not, through action or inaction,
allow others to use their network for illegal or inappropriate
actions. A Subscriber 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. We will not tolerate any subscriber 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.
System
Resources:
Any
one site or reseller account found to be utilizing in excess of 10%
of the system resources at any given may shall be
suspended. We reserve the right to terminate such account if
we see fit.
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 our services could result in
suspension service.
Downloads:
In
order to maximize uptime on our servers, downloads of any kind
(media, backups, warez, etc.) that utilize more than 10% CPU
resources are forbidden.
Third
Party Accountability:
Our subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates
guidelines created within the Acceptable Use Policy.
Violation
Of Virtual Accounts:
It is absolutely forbidden to host illegal pornographic content
whereas the subjects are under the age of majority, or IRC servers
on Virtual Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation without
refund.
IRC
networks:
It is absolutely forbidden to host an IRC server that is part of or
connected to another IRC network or server. Servers found to be
connecting to or part of these networks will be immediately removed
from our network without notice. The server will not be reconnected
to the network until such time that you agree to completely remove
any and all traces of the irc server, and agree to let us have
access to your server to confirm that the content has been
completely removed. Any server guilty of a second violation will
result in immediate account termination.
Security
You
are responsible for any misuse of your account, even if the
inappropriate activity was committed by a client, 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. We 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
Our
virtual site and reseller accounts operate on shared resources.
Excessive use or abuse of these shared network resources by one
customer (eg. in excess of 10% CPU usage) 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 our systems or networks. We reserves the
right to terminate or limit such activities
REPORTING
VIOLATIONS OF WebTurtleCo TOS
We
requests that anyone who believes that there is a violation of
this TOS direct the information to the Abuse Department at info@webturtleco.com.
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
E-mail
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. We may take any one or more of the
following actions in response to complaints:
·
Issue
written or verbal warnings
·
Suspend
the Member's newsgroup posting privileges
·
Suspend
the Member's account
·
Terminate
the Member's account
