Bit Weld Acceptable Use Policy
Services provided to you by Bit Weld may be suspended or terminated in
accordance with the Terms of Services for violation of Bit Weld's Acceptable
Use Policy ("AUP"). You are responsible for violations of this AUP by you and
by anyone using your Services, whether or not authorized by you. Bit Weld may
amend this AUP at any time to further detail or describe reasonable
restrictions on your use of its Services. The AUP is posted
here.
Inquiries regarding this AUP should be directed to:
Bit Weld, Inc.
Attn: Legal Department
5339 Setters Way, Suite 102
Colorado Springs, CO 80919
Prohibited Content
You may not use Bit Weld's Services to send, share, or publish any content that
is excessively violent or that incites or threatens violence, contains harassing
content or hate speech, is unfair or deceptive such as chain letters and pyramid
schemes, is defamatory or violates a person's privacy, creates a risk to a
person's safety or health, compromises national security, interferes with an
investigation by law enforcement, improperly exposes confidential or proprietary
information of another person, is intended to assist others in defeating technical
copyright protections, infringes on another person's intellectual property,
contains proxy scripts or anonymizers, promotes illegal drugs, violates export
control laws, relates to illegal gambling or illegal arms trafficking, is
otherwise illegal or solicits conduct that is illegal under laws applicable to
you or to Bit Weld, or is otherwise malicious, fraudulent, or may result in
retaliation against Bit Weld by offended viewers.
Linking
You may not use the Services to publish directories, links or other information
pointing to sites that contain content prohibited by this AUP.
Sell, Trade or Resell
If you sell, trade or resell the Services, either in whole or in part, your
customers must comply with an acceptable use policy no less restrictive that
this AUP.
Excessive Use of System Resources
You may not use the Services in a way that consumes a disproportionate amount
of system resources. For example, you may not distribute software to the public,
provide a public file download service or employ programs that consume excessive
CPU capacity. Bit Weld may suspend or terminate your Services for violation of
this provision.
Bulk or Commercial E-Mail
You must obtain Bit Weld's advance approval for any bulk or commercial e-mail,
which will not be given unless you are able to demonstrate, at a minimum, that
your intended recipients have given their consent to receive e-mail via some
affirmative means, such as an opt-in procedure, your procedures for soliciting
consent include reasonable means to ensure that the person giving consent is
the owner of the e-mail address for which the consent is given, you retain
evidence of the recipient's consent in a form that may be promptly produced
on request, and you honor the recipient's and Bit Weld's requests to produce
consent evidence within 72 hours of receipt of the request.
Bit Weld may test and otherwise monitor your compliance with its requirements,
including requesting opt-in information from a random sample of your list at
any time.
Internet Abuse
You may not use Bit Weld's Services to engage in illegal, abusive, or irresponsible behavior, including:
1 - Unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures (including those belonging to Bit
Weld and its customers) without express authorization of the owner of the
system or network;
2 - Monitoring data or traffic on any network or system without the
authorization of the owner of the system or network;
3- Interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks;
4 - Use of an Internet account or computer without the owner's authorization,
including, but not limited to Internet scanning (tricking other people into
releasing their passwords), password robbery, security hole scanning, and
port scanning;
5- Forging of any TCP-IP packet header or any part of the header information
in an e-mail or a newsgroup posting; or
6 - Any conduct that is likely to result in retaliation against Bit Weld's
network, including engaging in behavior that results in any server under your
control being the target of a denial of service (DoS) attack.
Cooperation with Investigations and Legal Proceedings
Bit Weld may, without notice to you, report to the appropriate authorities any
conduct by you and your customers that it believes violates applicable law, and
provide any information it has about you in response to a formal or informal
request from a law enforcement or regulatory agency, or in response to a formal
request in a civil action that on its face meets the requirements for such a
request.
Applicable Law Compliance
You must use the Services in a manner that complies with applicable law.
You may not use the Services for the development, design, manufacture, production,
stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass
destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of
Supplement No. 1 to Part 740 of the United States Export Administration
Regulations, and you may not provide access to the Services to any person
(including any natural person, business entity or government entity) that is
located in or is a national of any embargoed country which are Balkans, Burma,
Cote d'Ivoire (Ivory Coast), Cuba, Iran, Iraq, Liberia, Libya, North Korea,
Sudan, Syria, or Zimbabwe as of February, 2006.
Disclaimer
Bit Weld is under no duty, and does not by this AUP undertake a duty, to
monitor or police your activities and disclaims any responsibility for any
misuse of Bit Weld's Services. Bit Weld has no obligation to any person who
has not entered into an agreement for Services.
May 15, 2008
