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This Acceptable Use Policy (AUP) applies to all The Web Artists co-location customers, dedicated server Customers, Internet Unlimited hosting Resellers, other web hosting customers and by extension, customers of dedicated servers or Web hosting customers in the third party, as well as all others transiting or using The Web Artists network or resources. Please read this entire page, as well as your contract and Terms and Conditions as applicable. If you have any questions, please send email to sales@twamail.com or call our local business office during regular business hours.

IMPORTANT NOTE - The Web Artists, has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown on this page WITHOUT WARNING OR PRIOR NOTICE. The Web Artists customers have agreed to this and other Terms and Conditions by signing up for or by using our service. If for any reason you do not agree with the Terms and Conditions or policies shown on this page, DISCONTINUE USE OF YOUR ACCOUNT OR SERVICE IMMEDIATELY and please contact The Web Artists during regular business hours.

Here is specific information on The Web Artists's policy with respect to mass email mailings, multiple Usenet News postings and other mass unsolicited communications - these are all commonly known as SPAM. The Internet user community does not welcome unsolicited email from any source. This "junk email" is commonly referred to as "SPAM". You can learn more about SPAM here .In addition to SPAM, multiple postings of the same information to many Usenet Newsgroups and advertising in most of the Usenet Newsgroups is also unwelcome. Here is good link for Usenet SPAM information.

Spam -- no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort.

No spam may originate from The Web Artists IP space.
No spam may advertise sites or services located on The Web Artists IP space (even if the spam originates elsewhere), or IP space which receives IP transit over the The Web Artists IP network..
No The Web Artists customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
No customer shall participate in pyramid schemes or email chain letters.
Maintain proper security on your server to prevent others from using your servers as relays.
All customers must maintain abuse@yourdomain.com / postmaster@yourdomain.com

If you are receiving SPAM, you may be able to set up filters on your email or news reader that will help to minimize the unwanted SPAM. Our engineering and network operations center has attempted to minimize the quantity of SPAM being received by our email and news systems. Unfortunately, there is no way to totally eliminate SPAM technically, and the laws for junk email are only forming as of today. The best way to deal with SPAM is to simply delete the email or offending message and move on. Never retaliate against a SPAMMER destructively- this will only make the situation worse and your retaliation may be very illegal as it can cause damage to The Web Artists networks and other networks or systems.

Specifically:

The Web Artists does not allow our network resources to be used by anyone to email or mass-email using The Web Artists's mail servers any user or groups of users especially those that have not indicated a willingness to receive such mailings.
The Web Artists does not allow our systems to be used for RELAY from non-The Web Artists customers or networks.
The Web Artists does not knowingly allow our systems to be used for any activity that is illegal.
The Web Artists does not allow customers or other networks' connections to consume excessive resources from our systems.
The Web Artists does not allow our customers to use other providers' mail servers to relay any type of email without the express consent of that provider.
ALL accounts and customer web pages cannot be used for mass emailing of any type using our mail servers. Mass emailing is defined as the sending of any number of messages to random email addresses, or the running of any mailing list, whether or not the list of recipients are willing to receive such mailings. If you wish to run a responsible mailing list of any type, please call us for information on that optional service.
If we find a violation of the above utilizing our mail servers, The Web Artists has the right to immediately suspend that customer's account without prior notice or warning.

GENERAL POLICIES
Censorship: The Web Artists has a policy of no-censorship, either from or to our systems, UNLESS, the information transmitted is illegal or is clearly used for fraud. The "warez" and "crack" Usenet news groups are an example of this. (The Web Artists does not carry the warez or crack groups).

User Transmitted Content: You are solely responsible for the information you publish over the Internet, either via email, Netnews, your personal web pages, or other service. You must not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. You must not violate any law, statute, ordinance, or regulation. You must not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. The information you transmit should not be obscene or illegal based upon any Federal, State or Local laws. The information you transmit must not intentionally contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

Account Usage: Your account is for your exclusive and individual use only ; multiple concurrent logins of the same account are not allowed. Beyond the fact that allowing others to use your account is prohibited, consider that you become responsible for the charges incurred by someone else that you have allowed to use your account. For this reason you must protect your account and password as you would any other personal resource such as your telephone or credit card number.

Backups : The Web Artists at no time guarantees backups of websites. Each client – end user or reseller must make sure that they have latest backups of their respective domain names and mail services hosted on their hosting account. The Web Artists shall not be held responsible for any charges or complains at any time.

Resource Usage: No communications system has unlimited resources, and we expect you to act responsibly when consuming resources on our system. The Resource Usage policy applies to any and all resources used by our Customers, including the size of your email box. Excessive concurrent processes or processes which continue after you have logged off are prohibited. If you consume excessive resources on our system we may suspend your access at any time without prior notice.

Email Storage : It is the responsibility of the Customer to permanently store, save or retain any email messages that are desirable to save and keep. The size of your incoming email temporary storage is very liberal but not unlimited in size. Most Customers will never exceed the limits under normal use. However, excessively large temporary email boxes create a Resource Usage problem and violate our AUP. To avoid this, Customers may not use The Web Artists's email servers for permanent or long-term storage. Customer Support at The Web Artists will assist you in configuring your email client NOT to store messages on servers; instead to store those message locally on your computer.If you begin to have an email box that is too large, you will have problems in downloading that mail.

Security: The Web Artists actively and automatically monitors all of our systems for attempts at breaching our security or the security of our customers, or attempts to access systems or resources that are not available for customers to use or access. This is commonly known as "hacking". Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the our equipment or of any computer system or network that is accessed by our services, will result in immediate and permanent cancellation of your account and may also lead to other legal proceedings against you.

ANY INDIVIDUAL FOUND ENGAGED IN UNAUTHORIZED ACCESS OR ATTEMPTING UNAUTHORIZED ACCESS TO The Web Artists OR IT'S CUSTOMER EQUIPMENT WILL HAVE THEIR ACCOUNT IMMEDIATELY TERMINATED AND THE INCIDENT REPORTED TO THE RESPECTIVE AUTHORITIES.
UNAUTHORIZED ACCESS OR ATTEMPTS AT UNAUTHORIZED ACCESS ORIGINATING FROM THE WEB ARTISTS CORPORATE CLIENT NETWORKS WILL BE REPORTED TO THE CORPORATE CLIENT. CORPORATE CLIENTS MUST ACT IN GOOD FAITH TO IMMEDIATELY TERMINATE SUCH ACCESS OR ATTEMPTS AT ACCESS, OR FACE TERMINATION OF THE CORPORATE ACCOUNT AND REPORTING OF THE INCIDENT(S) TO THE RESPECTIVE AUTHORITIES.

Examples of security actions that will trigger security alarms to our 24 hour / 7 day staffed network operations center are, but are not limited to:

Satan or port scans, full, half, fin or stealth
Vulnerability probing of any kind on any machines or devices.
Ping scans and Ping Floods and ICMP abuses
SNMP attempts
Mail host relay use or hi-jacking
Telnet, FTP, Rcommands, etc. to internal systems
Attempts to access privileged or private TCP or UDP ports
HTTP access without the use of a Web browser
Multiple and frequent Finger attempts
Excessive resource utilization
Source route spoofing
Smurf attacks
IP number spoofing or masquerading
Forging TCP packets or email header information
Syn Floods
OOB attacks
Password cracking or guessing schemes
Excessive email postings (SPAM)

The Web Artists takes security very seriously; this way you and all of our customers can enjoy a safe and productive Internet environment.

NONE OF THE ABOVE-MENTIONED SECURITY PROBLEMS ARE EVER ACCIDENTAL, AND NORMAL USE OF INTERNET SOFTWARE SUCH AS BROWSERS AND EMAIL PROGRAMS WILL NEVER CAUSE A PROBLEM. ALL OF THE ABOVE ACTIONS ARE DELIBERATE AND INTENTIONAL AND IN MANY CASES REQUIRE SOPHISTICATED PROGRAMS AND KNOWLEDGE.

Usage - Using The Web Artists's network to advertise, transmit, store, post, display, or otherwise encourage illegal activity is prohibited. The Web Artists will cooperate fully with law enforcement agencies in these matters. The Web Artists does not allow sites that contain pornographic material or sites that link to pornographic material. The Web Artists does not permit spamming from our network.

Do anything that threatens the integrity of our network or the utilization thereof by other persons.

a. Denial of Service (DOS) attacks -- no customer will commit a DOS attack against any of our customer's host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
b. RBL -- No customer shall do anything that could get any portion of The Web Artists's IP space put on the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of IP space.
c. Perform actions that cause unusual load on our servers (for example, mail servers, web servers, usenet servers, name servers, etc.), that cause slowness or denial of service to our other customers.

Do anything that threatens the Internet or any other network

a. No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
b. No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.

Other Usage Violations
Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Adult oriented web sites featuring nudity and acts of a sexual nature. Sites with excessive picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads) .These sites are termed as file repositories and to run these you need to contact us for special provisioning. Sites using more than 1% of system resources at any one time. The Web Artists reserves the right to exercise its sole discretion in determining what constitutes a violation of this provision.

Unlawful Usage: The Web Artists's network of information services may only be used for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes copyrighted material, material judged to be threatening or obscene, or material protected by trade secret.

Content of hosted websites: The Web Artists has a policy of not knowingly hosting any web site, colocation server or device on our colocation network that contains what is commonly referred to as "adult content". This includes but is not limited to content that depicts sexual situations, erotic images or content that encourages users to visit a site for commerce of such content. The Web Artists reserves the right to deny service to anyone or any corporation based on our sole assessment that the content proposed or published violates our AUP. Further, The Web Artists reserves the right to cancel or suspend any account, without notice, that we judge has violated our AUP in any fashion. The Web Artists has concluded that "Children are Watching" and it is our responsibility to conduct business in a manner indicative of that statement.

Privacy: While every attempt is made to keep all information passing to and from our systems, and to and from our customers private, you must assume that any information that you transmit or receive may not be private. We do not monitor or record normal usage of our systems. However, we will fully cooperate with any authority in investigation of illegal activity and may turn over logs and records upon receipt of proper orders or subpoenas.

Selling of Customer information: The Web Artists does not and will not sell or transfer any information about our customer base to any third party for the purpose of using that information for marketing or direct sales. The Web Artists does cooperate with other Internet and communications service providers and may release customer information to those parties in the event of security or credit-related problems.

Responsible Usage: We exercise no control over the content of the information passing through our systems; we only provide access. You must take responsibility for your actions on our system and the systems you access through us. You must comply with whatever rules or Acceptable Usage Policies that are appropriate for the systems you access. If you are offended by information you find on any system, it is your responsibility to avoid whatever you find offensive. You must take responsibility for the statements you make in email, chat, discussion forums, and Usenet newsgroups. If you violate any of usage policies or your actions, whether intentional or unintentional, endanger our systems or another network's systems from another provider, company or individual, The Web Artists may suspend your access at any time, without prior notice. The Web Artists management is the final and sole judge of whether any abuse or violations has occurred.

Customer Connected Networks: Customers who are connected to The Web Artists through digital connections directly attached to their network (dedicated / colocated customers) are asked to make appropriate policy for the users of your network. In all cases, The Web Artists reserves the right to disconnect any customer that is using excessive resources of the network. The Web Artists's security and abuse department sales@twamail.com will work with all customers to help ensure that proper procedures are employed that limit the possibility of resource abuse.

Illegal Activities

The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below

a. Cracking (Hacking) -- attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
b. Child pornography -- as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
c. Interstate gambling -- because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
d. Pyramid schemes or fraud -- are illegal under a number of Federal, State and Local laws.
e. Theft of services -- attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
f. Harassment -- use of our network to harass or threaten (in the legal sense of those terms) any other person is prohibited.

A guide to legal resources on the Internet is located at <http://www.faqs.org/faqs/law/> Please consult an attorney if you are unsure of the legal status of your activities.

The Web Artists reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at The Web Artists's sole discretion.