SNENI Solutions :: Terms of Service/Acceptable Usage Policy
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As a provider of web site hosting, email and other Internet-related services, SNENI Solutions offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. SNENI 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, SNENI Solutions reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SNENI 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 SNENI Solutions' services. This AUP will be revised from time to time. A customer's use of SNENI Solutions' services after changes to the AUP are posted on SNENI Solutions' web site, www.SneniHosting.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, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SNENI Solutions cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because SNENI Solutions cannot monitor or censor the Internet, and will not attempt to do so, SNENI Solutions cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that SNENI Solutions does not review, edit, censor, or take responsibility for any information its subscribers 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 SNENI Solutions' network and may reach a large number of people, including both subscribers and non-subscribers of SNENI Solutions, subscribers' postings to the Internet may affect other subscribers and may harm SNENI Solutions' goodwill, business reputation, and operations. For these reasons, subscribers violate SNENI 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 SNENI Solutions, but also because it can overload SNENI Solutions' network and disrupt service to SNENI Solutions subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, SNENI Solutions has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email 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. SNENI 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 SNENI Solutions' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using SNENI Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. SNENI Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through SNENI Solutions' network.
Defamatory or Abusive Language -- Using SNENI Solutions' 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).
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, mail bombing, 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, mail bombing, 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 and other countries.
Usenet Groups -- SNENI 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 SNENI Solutions determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. SNENI Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with SNENI Solutions policy or applicable law. When SNENI 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.
SNENI Solutions also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching SNENI Solutions' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. SNENI Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. SNENI Solutions has the right to directly take action against a customer of a subscriber. Also, SNENI Solutions may take action against the SNENI Solutions subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, SNENI Solutions anticipates that subscribers who offer Internet services will cooperate with SNENI Solutions in any corrective or preventive action that SNENI Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SNENI Solutions policy.
SNENI 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, SNENI Solutions urges its subscribers to assume that all of their on-line communications are insecure. SNENI Solutions cannot take any responsibility for the security of information transmitted over SNENI Solutions' facilities.
SNENI Solutions will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. SNENI Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SNENI Solutions may disclose information, including but not limited to, information concerning a subscriber, 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. SNENI Solutions assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SNENI Solutions may disclose subscriber information or information transmitted over its network where necessary to protect SNENI Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.
SNENI Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate SNENI Solutions policy. Finally, SNENI Solutions wishes to emphasize that in signing the service agreement, subscribers indemnify SNENI Solutions for any violation of the service agreement, law, or SNENI Solutions policy, that results in loss to SNENI Solutions or the bringing of any claim against SNENI Solutions by any third-party. This means that if SNENI Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against SNENI Solutions, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including SNENI Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to Abuse@Sneni.com.
The abuse and misuse of e-mail is a serious problem, and SNENI Solutions will not tolerate it.
Definition of UCE (Unsolicited Commercial E-mail), or SPAM:
The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to SNENI Solutions or any URL (domain) that is hosted by SNENI Solutions.
Unsolicited postings to newsgroups advertising any IP or URL hosted by SNENI Solutions.
The use of web pages set up on ISPs that allow Spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by SNENI Solutions.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.
Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.
SPAM is not only harmful because of its negative impact on consumer attitudes toward SNENI Solutions, but also because it can overload SNENI Solutions network and resources, especially on our shared (virtual) server environments.
Our Providers:
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that SNENI Solutions does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
Punishment For SPAM:
SNENI Solutions reserves the right to terminate, without warning, any account that violates this policy. Usage of SNENI Solutions services constitutes acceptance and understanding of this policy.
SNENI Solutions will charge $30.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. We receive this fine from our Network providers and these fines are passed on to the responsible party. These are non-refundable charges and will be invoiced at the time of complaint notification.
SNENI Solutions reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.
Should you choose to e-mail from SNENI Solutions servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.
Basic Mailing List Management Principles for Preventing Abuse:
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.
The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which he/she must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.
*This SPAM (UCE) Accepted Use Policy and all other SNENI Solutions policies are subject to change by SNENI Solutions without notice. Continued usage of the services after a change to this policy is implemented and posted on the SNENI Solutions website constitutes your acceptance of such change or policy. We encourage you to regularly check this page for any changes or additions.