Acceptable Use Policy

This Acceptable Use Policy ("Policy") describes the proper and prohibited use of 12 Point Design's Shared Web Hosting service ("Service") as subscribed to per the Service Agreement. This Policy is designed as a guideline and is not exhaustive as such. The policy may be modified as the need arises effective upon posting on 12 Point Design's web site.

This service allows you to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which you may interact with Internet users, sending and receiving various information.

12 Point Design does not monitor or censor the information you make available or collect through the use of this service, with the exception of systems and network resources monitoring. However, 12 Point Design will act upon policy violations when such are discovered during normal business function and 12 Point Design expects you, and all other users of this service, to be a responsible user of the Internet and to be familiar with and to excercise proper online etiquette.

We are required by law to report any criminal activity that we become aware of. This applies particularly to software piracy. Be warned that if we find commercial software stored on our hard disk, we will report it and immediately terminate your service.

In consideration for 12 Point Design's provision of service, you agree to abide by the following provisions relating to the acceptable use of your 12 Point Design account.

12 Point Design reserves the right in its sole discretion to:

• Revise this Acceptable Use Policy which shall be posted at 12 Point Design's web site; and
• Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy. 12 Point Design's right to remove inappropriate content under this policy shall not place an obligation on 12 Point Design to monitor or exert editorial control over the content of your account.

You agree not to use or allow access to 12 Point Design services to:

• Create or maintain sites that generate system errors or exceptions that disrupt servers' performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the terms of service.
• Create or maintain sites that consume thirty-five percent or more of CPU capacity or use two hundred megabytes of memory, both physical and virtual combined, on the hosting server.
• Exceed allowed bandwidth by transferring amounts of data greater than allowed by the terms of purchased Service.
• Violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Employ misleading e-mail addresses or falsify information in any part of any communication.
• Upload, transmit, disseminate, post, store or post links to any content that:
  
  
  • Is prohibited from transmitting or posting by law, or by contractual or fiduciary relationship;
  • Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
  • Falsifies origin by forging TCP/IP packet headers, e-mail headers, or any part of a message header, unauthorized monitoring of data or traffic;
  • Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
  • Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party;
  • Is or may be considered unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam, spam-advertisements, make-fast-money type schemes, chain letters, pyramid schemes, or any other form of solicitation;
  • Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Is unlawful, harmful, threatening, abusive, harassing, tortious, unlawful, libelous, defamatory, vulgar, obscene, or invasive of privacy;
  • Is of an offensive or vulgar nature, pornographic, or harmful to minors;
  • Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any sign-up form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Service including use of credit card numbers.
  • Exploits the images of children or discloses personally identifiable information belonging to children.

If 12 Point Design determines that you have violated the terms of this Acceptable Use Policy, that determination, made at 12 Point Design's sole discretion, is grounds for immediate termination or suspension of your 12 Point Design account without notice or penalty to 12 Point Design.

At 12 Point Design's sole discretion, resolution of issues may be performed by our staff at the rate of $360/hour (the "emergency" rate).

Your use of this service is an affirmative agreement to these terms.

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