Acceptable Use Policy
Constellation Web Solutions “CWS” provides colocation, complex hosting and other Internet-related services to its clients. While respecting that the Internet provides a forum for free and open discussion and dissemination of information, when competing interests arise, CWS reserves the right to take preventative or corrective actions. This Acceptable Use Policy (AUP) supplements and explains certain terms of the customer’s service agreement and is intended as a guide to the customer’s rights and obligations when utilizing CWS’ services. This AUP will be revised from time to time and posted on CWS’ web site, www.constellationreg.com/web-terms, provided that Customer is not bound to such changes unless it explicitly consents.
The fact that no one party owns or controls the Internet accounts for much of the Internet’s openness and value, but also places a high premium on the judgment and responsibility of those disseminating information to others via the Internet. CWS does not review, edit, censor, or take responsibility for any information its clients create. Users placing information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, information carried over CWS’s network may reach a large number of people, including both clients and non-clients of CWS. Thus, clients’ postings to the Internet may affect others and impact their goodwill, business reputation, and operations. Clients, their customers, affiliates, or subsidiaries engaging in the following prohibited activities violate CWS policy and the service agreement:
1.1.1 UCE / Spam
The abuse and misuse of e-mail is a serious problem, and CWS cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Shared Hosting, Virtual Private Servers, Dedicated Servers and Colocation.
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 CWS or any URL (domain) that is hosted by CWS.
- Unsolicited postings to newsgroups advertising any IP or URL hosted by CWS.
- 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 CWS.
- 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) web site. CWS follows and enforces the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003. This Act prohibits misleading header information, misleading or deceptive subject lines, requires an opt-out method for the recipient, and commercial e-mail must include valid physical postal address of sender and be labeled as an advertisement. Please reference: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.pdf for more information on the CAN-SPAM Act of 2003.
Spam, mailing lists and other email restrictions
Due to the increased problems and risk to our network, CWS also prohibits the use of 3rd party mailing lists and FFA’s. Examples that we do not allow include but are not limited to: Safelist, Purchased/Sold mailing lists, FFA’s.
Since it is unsolicited, users who receive spam often become angry and send complaints to our upstream providers. This upsets our providers who dislike spam for the same reasons that CWS 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.
Consequences/ Penalties for Spamming
CWS reserves the right to terminate any account that violates this policy. Usage of CWS services constitutes acceptance and understanding of this policy. It is the responsibility of dedicated server owners, Virtual Private Server and co-location clients to manage the email from their server/accounts and to comply with anti-spam policies. CWS 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.
1.1.2 Adult Content
Shared Hosting Servers
Because the Internet is a global communication tool, and we have clients from many geographic locations 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 CWS has been forced to create its no adult site/content policy for its shared hosting server users.
What does CWS consider “Adult Material”?
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women.
- Hyperlinks to adult sites, including but not limited to sites that violate these policies.
- Sites that have discussion boards and share information that is ‘adult’ in nature.
- Sites that sell or promote ‘adult’ material, including but not limited to adult toys.
- CWS reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
1.1.3 Copyright Infringement / Intellectual Property
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. CWS may be required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.
Reference: Digital Millennium Copyright Act (DMCA): http://www.copyright.gov/legislation/hr2281.pdf
DMCA Notices can be sent to:
Constellation Web Solutions
6737 W Washington St., Suite #2120
Milwaukee, WI 53214
1.1.4 Miscellaneous and Other Activities
Defamatory or Abusive Language
Using CWS’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language. Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.
Usenet Group postings that violates our TOS
CWS reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Facilitating a Violation of our TOS
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.
Other activities CWS determines to be harmful
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. CWS will not, as an ordinary practice, monitor the communications or content of its client to ensure that they comply with CWS policy or applicable law.
CWS 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, CWS urges its clients to assume that all of their on-line communications are insecure. CWS cannot take any responsibility for the security of information transmitted over CWS’ facilities.
CWS 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. CWS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CWS 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. CWS 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, CWS may disclose client information or information transmitted over its network where necessary to protect CWS and others from harm, or where such disclosure is necessary to the proper operation of the system.