As a provider of Internet
access, web site hosting, and other Internet-related services,
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. Macminicolo.net respects that the
Internet provides a forum for free and open discussion and
of information, however, when there are competing interests
at issue, Macminicolo.net reserves the right to
take certain preventative or corrective actions. In order
to protect these competing interests, Macminicolo.net
has developed this 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 Macminicolo.net services. This AUP will be revised from time
to time. A customer's use of Macminicolo.net services
after changes to the AUP are posted on Underwriters Technologies'
web site, Macminicolo.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, 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 Macminicolo.net 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 Macminicolo.net cannot
monitor or censor the Internet, and will not attempt to do so, Macminicolo.net cannot accept any responsibility for injury to its subscribers
that results from inaccurate, unsuitable, offensive, or illegal Internet
When subscribers disseminate information through the Internet, they also must
keep in mind that Macminicolo.net 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 Macminicolo.net
network and may reach a large number of people, including both subscribers
and nonsubscribers of Macminicolo.net, subscribers' postings to
the Internet may affect other subscribers and may harm Macminicolo.net
goodwill, business reputation, and operations. For these reasons, subscribers
violate Macminicolo.net policy and the service agreement when they,
their customers, affiliates, or subsidiaries engage in the following prohibited
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 Macminicolo.net, but also because
it can overload Macminicolo.net network and disrupt service to
Macminicolo.net subscribers. Also, maintaining an open SMTP relay
is prohibited. When a complaint is received, Macminicolo.net 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. Macminicolo.net is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright infringement.
It is also Macminicolo.net policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
Obscene Speech or Adult Materials -- Using Macminicolo.net network to
advertise, transmit, store, post, display, or otherwise make available child
pornography, obscene speech or adult material. Macminicolo.net is required
by law to notify law enforcement agencies when it becomes aware of the presence
of child pornography on or being transmitted through Macminicolo.net
Defamatory or Abusive Language -- Using Macminicolo.net network
as a means to transmit or post defamatory, harassing, abusive, or threatening
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
Code -- 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.
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, mailbombing, 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.
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
Other Activities -- Engaging in activities, whether lawful or unlawful, that
Macminicolo.net 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. Macminicolo.net
will not, as an ordinary practice, monitor the communications of its subscribers
to ensure that they comply with Macminicolo.net policy or applicable
law. When Macminicolo.net becomes aware of harmful activities,
however, it may take any action to stop the harmful activity, including but
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. Such activities
may be charged to the subscriber at the current remote hands rate.
Macminicolo.net also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching Macminicolo.net facilities from those subscribers may have originated from
a customer of the subscriber or from another third-party. Macminicolo.net
does not require its subscribers who offer Internet services to monitor or
censor transmissions or web sites created by customers of its subscribers.
Macminicolo.net has the right to directly take action against a
customer of a subscriber. Also, Macminicolo.net may take action
against the Macminicolo.net subscriber because of activities of
a customer of the subscriber, even though the action may effect other customers
of the subscriber. Similarly, Macminicolo.net anticipates that subscribers
who offer Internet services will cooperate with Macminicolo.net
in any corrective or preventive action that Underwriters Technologies deems
necessary. Failure to cooperate with such corrective or preventive measures
is a violation of Macminicolo.net policy.
Macminicolo.net 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, Macminicolo.net
urges its subscribers to assume
that all of their on-line communications are insecure. Macminicolo.net
cannot take any responsibility for the security of information transmitted
over Macminicolo.net facilities.
Macminicolo.net 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. Underwriters
Technologies may, however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, Macminicolo.net
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. Macminicolo.net 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, Underwriters Technologies may disclose subscriber information or
information transmitted over its network where necessary to protect Macminicolo.net and others from harm, or where such disclosure is necessary
to the proper operation of the system.
Macminicolo.net 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 Underwriters Technologies policy. Finally, Macminicolo.net wishes to emphasize that in signing the service agreement, subscribers
indemnify Macminicolo.net for any violation of the service agreement,
law, or Macminicolo.net policy, that results in loss to Macminicolo.net or the bringing of any claim against Macminicolo.net
by any third-party. This means that if Macminicolo.net is sued because
of a subscriber's or customer of a subscriber's activity, the subscriber
will pay any damages awarded against Macminicolo.net, plus costs
and reasonable attorneys' fees.
Any complaints about a subscriber's violation of this AUP should be sent to