As a provider of web site hosting, and other Internet-related services, iComEx 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. iComEx respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, iComEx reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, iComEx 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 iComEx's services. This AUP will be revised from time to time. A customer's use of iComEx's services after changes to the AUP are posted on iComEx's web sites, www.cargogods.com and www.iComEx.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 iComEx 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 iComEx cannot monitor or censor the Internet, and will not attempt to do so, iComEx 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 iComEx 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 iComEx's network and may reach a large number of people, including both subscribers and nonsubscribers of iComEx, subscribers' postings to the Internet may affect other subscribers and may harm iComEx's goodwill, business reputation, and operations. For these reasons, subscribers violate iComEx policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
PROHIBITED CONTENT AND ACTIVITIES
(1) 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 iComEx, but also because it can overload iComEx's network and disrupt service to iComEx subscribers. Also, maintaining an open SMTP relay is prohibited. Using tools or techniques to send bulk email, through the iComEx network, that does not comply with the minimum requirements of the CAN-SPAM Act of 2003 is prohibited. When a complaint is received, iComEx has the discretion to determine from all of the evidence whether steps need to be take to curb the abuse of email services.
(2) 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. iComEx is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also iComEx's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
(3) Obscene Speech or Materials -- Using iComEx's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. iComEx is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through iComEx's network.
(4) Defamatory or Abusive Language -- Using iComEx's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
(5) Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
(6) 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).
(7) 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, 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.
(8) 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.
(9) Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
(10) Usenet Groups -- iComEx reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
(11) 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.
(12) Adult Thumbnail Galleries/Banner Exchanges - You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
(13) Abusive Scripts/Processes - Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
(14) IRC Bots/Bouncers - All IRC bots and “bouncers” (bnc, etc) are forbidden.
(15) BitTorrent software - While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on iComEx hosting services.
(16) Proxy Software - All proxy software, anonymous or otherwise, is forbidden on iComEx services.
(17) Network Daemons - Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.
(18) Other Activities -- Engaging in activities, whether lawful or unlawful, that iComEx 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. iComEx does not, as an ordinary business practice, monitor the activities and communications of its subscribers to ensure that they comply with iComEx policies or applicable law. However, when iComEx becomes aware of harmful activities, it will take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to service, temporary suspension of services, permanent termination of services, or take any other action it deems appropriate.
iComEx 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, iComEx urges its subscribers to assume that all of their on-line communications are insecure. iComEx cannot take any responsibility for the security of information transmitted over iComEx's facilities.
iComEx 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. iComEx may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, iComEx 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. iComEx 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, iComEx may disclose subscriber information or information transmitted over its network where necessary to protect iComEx and others from harm, or where such disclosure is necessary to the proper operation of the system.
iComEx 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 iComEx policy. Finally, iComEx wishes to emphasize that in signing the service agreement, subscribers indemnify iComEx for any violation of the service agreement, law, or iComEx policy, that results in loss to iComEx or the bringing of any claim against iComEx by any third-party. This means that if iComEx is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against iComEx, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including iComEx and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to
Last Revised 1/10/2013
