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As a provider of web site
hosting, and other Internet-related services, Bluetech
Solutions offers its clients, and their customers and users,
the means to disseminate a wealth of public, private,
commercial, and non-commercial information. Bluetech Solutions
respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when
there are competing interests at issue, Bluetech Solutions
reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests,
Bluetech Solutions 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 Bluetech Solutions’s services. This AUP will
be revised from time to time. A customer's use of Bluetech
Solutions’s after changes to the AUP are posted on Bluetech
Solutions’s web site, www.bluetechsolutions.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 to disseminate information to
others.
When information is
disseminated through the Internet, they also must keep in mind
that Bluetech Solutions does not review, edit, censor, or take
responsibility for any information its clients may create.
When users 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 Bluetech Solutions’s
network and may reach a large number of people, including both
clients and non-clients of Bluetech Solutions, clients'
postings to the Internet may affect other clients and may harm
Bluetech Solutions’s goodwill, business reputation, and
operations. For these reasons, clients violate Bluetech
Solutions 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 Bluetech
Solutions, but also because it can overload Bluetech
Solutions's network and disrupt service to Bluetech Solutions
clients. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Bluetech Solutions has the
discretion to determine from all of the evidence whether the
e-mail recipients were from an "opt-in" e-mail list.
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. Bluetech Solutions is required by
law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also
Bluetech Solutions’s policy to terminate the privileges of
customers who commit repeat violations of copyright laws.
Adult Material
Because the Internet is a
global communication tool, and we have clients from nearly
every country in the world it is difficult to dictate what is
considered "adult material." However, it is not our
function to discriminate against those who choose to utilize
adult content or adult related material. This being said,
there are still several reasons why Bluetech Solutions has
been forced to create its no adult sites policy for its
virtual server users.
What does Bluetech Solutions consider
"Adult Material?"
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Any site whose revenue is gained in part
or whole from its adult content.
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Photos or videos showing frontal nudity
on either men or women for non-scientific or
non-artistic purposes.
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Revenue-generating hyperlinks to sites
who violate policy #1.
Why does Bluetech Solutions have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many
servers reside on each particular machine. This being said,
consider that an average "adult site" gets more hits
than 100 standard websites. Some of the smaller adult sites
get around 5 GB of transfer per day. With these types of
resources being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside on our
servers. On top of that, we would be forced to raise our
prices to pay for the additional bandwidth. We strive to keep
our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.
Bluetech Solutions reserves
the right to decide what it considers "adult
content", "adult material", "sexually
explicit", or "sexually related". Let us know
if you are unsure of the approval of your site before placing
an order.
Defamatory or Abusive Language
Using Bluetech Solutions’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).
Background Running Programs
Background Daemons in general
are prohibited on Bluetech Solutions servers, including, but
not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites
and any other program that interferes with normal server
operation.
Bluetech Solutions will be the
sole arbitor of what consitutes a violation of the above
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.
Export Control Violations
Exporting encryption software
over the Internet or otherwise, to points outside the United
States.
Usenet Groups
Bluetech Solutions 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 Bluetech Solutions determines
to be harmful to its clients, operations, reputation,
goodwill, or customer relations.
As we have pointed out, the
responsibility for avoiding the harmful activities just
described rests primarily with the client. Bluetech Solutions
will not, as an ordinary practice, monitor the communications
of its client to ensure that they comply with Bluetech
Solutions policy or applicable law. When Bluetech Solutions
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.
Bluetech Solutions 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, Bluetech Solutions urges its clients to
assume that all of their on-line communications are insecure.
Bluetech Solutions cannot take any responsibility for the
security of information transmitted over Bluetech Solutions’s
facilities.
Bluetech Solutions will not
intentionally monitor private electronic mail messages sent or
received by its clients unless required to do so by law,
governmental authority, or when public safety is at stake.
Bluetech Solutions may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, Bluetech Solutions may disclose
information, including but not limited to, information
concerning a client, 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. Bluetech Solutions assumes no obligation
to inform the client that client information has been provided
and in some cases may be prohibited by law from giving such
notice. Finally, Bluetech Solutions may disclose client
information or information transmitted over its network where
necessary to protect Bluetech Solutions and others from harm,
or where such disclosure is necessary to the proper operation
of the system.
We hope this AUP is helpful in
clarifying the obligations of Internet users, including
Bluetech Solutions and its clients, as responsible members of
the Internet. Any complaints about a client's violation of
this AUP should be sent to mailto:abuse@bluetechsolutions.com.
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