Acceptable Usage Policy
As a provider of web site hosting, and other Internet-related services, MaximumASP 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. MaximumASP respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, MaximumASP reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, MaximumASP 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 MaximumASP's services. This AUP will be revised from time to time. A customer's use of MaximumASP's services after changes to the AUP are posted on MaximumASP's web site, www.MaximumASP.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 MaximumASP 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 MaximumASP cannot monitor or censor the Internet, and will not attempt to do so, MaximumASP 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 MaximumASP 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 MaximumASP's network and may reach a large number of people, including both subscribers and nonsubscribers of MaximumASP, subscribers' postings to the Internet may affect other subscribers and may harm MaximumASP's goodwill, business reputation, and operations. For these reasons, subscribers violate MaximumASP 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 MaximumASP, but also because it can overload MaximumASP's network and disrupt service to MaximumASP subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MaximumASP has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
General Practices for use and storage of email -- You acknowledge that MaximumASP, LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MaximumASP, LLC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MaximumASP, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. MaximumASP uses anti-spam measures such as RBL lists and heuristic scanning and reserves the right to delete any message that we believe is spam. You acknowledge that MaximumASP, LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MaximumASP, LLC reserves the right to modify these general practices and limits from time to time.
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. MaximumASP is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also MaximumASP's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using MaximumASP's network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Also, MaximumASP is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through MaximumASP's network.
Defamatory or Abusive Language -- Using MaximumASP's 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.
Usenet Groups -- MaximumASP 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 MaximumASP 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. MaximumASP will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with MaximumASP policy or applicable law. When MaximumASP 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.