AVIP has developed this Acceptable Use Policy ("AUP"), which is intended as a guide to the customer's rights and obligations when utilising AVIP’s services. This AUP will be revised from time to time. A customer's use of AVIP’s services after changes to the AUP are posted on AVIP’s hosting web site, www.1AVIP.net, 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, our clients also must keep in mind that AVIP 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 AVIP’s network and may reach a large number of people, including both clients and non-clients of AVIP, clients' postings to the Internet may affect other clients and may harm AVIP’s goodwill, business reputation, and operations. For these reasons, clients violate AVIP policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
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 AVIP, but also because it can overload our network and disrupt service to all our clients clients.
Clients should note that maintaining an open SMTP relay is prohibited.
When a complaint is received, AVIP has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.
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. AVIP is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also AVIP’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
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." It is not our function to discriminate against those who choose to utilize adult content or adult related material. There are still several reasons why AVIP has been forced to create its no adult sites policy for its virtual server users.
Using AVIP’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
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 Daemons in general are prohibited on AVIP servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. AVIP will be the sole arbiter of what consitutes a violation of the above policy.
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.
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.
AVIP reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
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.
Engaging in activities, whether lawful or unlawful, that AVIP 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. AVIP will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with our policy or applicable law. When AVIP 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.
AVIP 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, AVIP urges its clients to assume that all of their on-line communications are insecure. AVIP cannot take any responsibility for the security of information transmitted over AVIP’s facilities. AVIP 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. AVIP may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
Please note that AVIP 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. AVIP 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, AVIP may disclose client information or information transmitted over its network where necessary to protect AVIP 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 AVIP and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to
abuse@1AVIP.net.