|
General Information. As
used herein, the term "User" or "Users" shall
include any and all users, Customers, subscribers, affiliates
(including without limitations Customers or non-Customers to whom
Horizon Technology Group, Inc. provides links or banners to promote
the services or products of Horizon Technology Group, Inc. or any
third party the services or products of which are offered by or
obtained through or in connection with Horizon Technology Group,
Inc.), resellers or others (i) who sign up for, use or obtain
services or products from Horizon Technology Group, Inc. or from any
third party services or products of which are offered by or obtained
through or in connection with Horizon Technology Group, Inc., or
(ii) who visit the Web site of Horizon Technology Group, Inc. Web
Hosting or of any such third party. As a provider of Internet/World
Wide Web access, Web site hosting, and other Internet-related
services, Horizon Technology Group, Inc., ("Horizon Technology
Group, Inc.") offers Users, the means to acquire and
disseminate a wealth of public, private, commercial, and
non-commercial information. Horizon Technology Group, Inc. respects
that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing
interests at issue, Horizon Technology Group, Inc. reserves the
right to take certain preventative or corrective actions. In order
to protect these competing interests, Horizon Technology Group, Inc.
has developed this Acceptable Use Policy ("AUP"), which
supplements and explains certain terms of each User's respective
service agreement and is intended as a guide to the User's rights
and obligations when utilizing Horizon Technology Group, Inc.'s
services. This AUP will be revised from time to time. A User's use
of Horizon Technology Group, Inc.'s services after changes to the
AUP are posted on Horizon Technology Group, Inc. Web site, under the
Terms of Service section, will constitute the User'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 Users or others obtain information through the
Internet, they must keep in mind that Horizon Technology Group, Inc.
cannot and does not monitor, verify, warrant, or vouch for the
accuracy and quality of the information that users may acquire. For
this reason, the user 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 Horizon Technology Group,
Inc. cannot monitor or censor the Internet, and will not attempt to
do so, Horizon Technology Group, Inc. cannot and does not accept any
responsibility for injury to its Users or others that results from
inaccurate, unsuitable, offensive, or illegal Internet
communications. When Users or others disseminate information through
the Internet, they also must keep in mind that Horizon Technology
Group, Inc. does not review, edit, censor, or take responsibility
for any information its users, customers, subscribers or others may
create. When Users or others 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 Horizon Technology Group, Inc.'s network
and may reach a large number of people, including both Users and
subscribers and non-subscribers of Horizon Technology Group, Inc.,
Users' postings to the Internet may affect others and may harm
Horizon Technology Group, Inc.'s goodwill, business reputation, and
operations. For these reasons, Users violate Horizon Technology
Group, Inc. policy and the service agreement when they, their users,
customers, subscribers, employees, affiliates, or subsidiaries
engage in activities described herein.
Scope. This AUP governs the
usage of products and services of Horizon Technology Group, Inc. or
of any third party which are subscribed to or obtained through
Horizon Technology Group, Inc. (the "Services"). This AUP
is incorporated by reference into each contract Horizon Technology
Group, Inc. or any such third party enters into with a User for the
use of such Services. Horizon Technology Group, Inc. may modify this
AUP at any time without notice. In addition, this AUP is
incorporated by reference into the Terms of Service applicable to
the Web site of Horizon Technology Group, Inc. Web Hosting so that
no person who utilizes the Web site or services of Horizon
Technology Group, Inc. Web Hosting (regardless of whether that
person is a User) may take any action utilizing the Web site of
Horizon Technology Group, Inc. Web Hosting that a User would be
prohibited to take utilizing the Services.
Purpose. The purpose of
this AUP is to enhance the quality of the Services and to protect
Users, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. This AUP applies
to each User. Each User should use common sense and good judgment in
connection with the Services. Parents or guardians should always
supervise minors in using the Internet. Parents and guardians should
remain aware at all times of what is on the Internet and how the
minors under their care are using the Services and the Internet.
Prohibited Uses. Users may not:
Utilize the Services to send
unsolicited bulk and/or commercial messages over the Internet
(known as "spam" or "spamming"). It is not only
harmful because of its negative impact on consumer attitudes toward
Horizon Technology Group, Inc., but also because it can overload
Horizon Technology Group, Inc.'s network and disrupt service to its
Users subscribers. Maintaining an open SMTP relay is prohibited.
Any direct action, configuration, or setting that causes excessive
outbound e-mail traffic is subject to review and possible action.
When a complaint is received, Horizon Technology Group, Inc. has
the absolute and sole discretion to determine from all of the
evidence whether the e-mail recipients were from an "opt-in"
e-mail list, or whether the outbound e-mail traffic generated from
an account is suitable for a shared hosting environment.
Utilize the Services in connection with any illegal activity
or activity otherwise prohibited by this AUP. Without limiting the
general application of this rule, Users may not:
Utilize the Services for or in
connection with any activities or content determined by Horizon
Technology Group, Inc., in its sole discretion, to be related to
gambling, adult, obscene or pornographic materials or content,
harassment, defamation, libel and hate speech or other offensive
speech or content, or for any unlawful purpose, including without
limitation, fraud, money laundering, child pornography,
terrorist-related activities, activities in violation of U.S.
export or import laws, any executive orders, or any rules,
regulations or orders issued by Office of Foreign Asset Controls
("OFAC"), infringement on rights of others, trafficking
in illegal drugs, or any products or services that are prohibited
under applicable law, or which Horizon Technology Group, Inc.
determines to be controversial or disruptive to the operations of
Horizon Technology Group, Inc. or any other User or third party;
Utilize the Services to copy
material from third parties (including text, graphics, music,
videos or other copyrightable material) without proper
authorization;
Utilize the Services to
misappropriate or infringe the patents, copyrights, trademarks or
other intellectual property rights of any third party;
Utilize the Services to export
encryption software to points outside the United States in
violation of applicable export control laws;
Utilize the Services to Forge or
misrepresent message headers, whether in whole or in part, to mask
the originator of the message; or
Utilize the Services in any
manner that violates applicable law.
Utilize the Services in connection with any tortious or
actionable activity. Without limiting the general application of
this rule, Users and Users may not:
Utilize the Services to publish
or disseminate information that (A) constitutes slander, libel or
defamation, (B) publicizes the personal information or likeness of
a person without that person's consent or (C) otherwise violates
the privacy rights of any person. Utilize the Services to threaten
persons with bodily harm, to make harassing or abusive statements
or messages, or to solicit the performance of acts or services
that are illegal under applicable law.
Utilize the Services in connection with any other
disruptive, controversial or abusive activity, as determined by
Horizon Technology Group, Inc. in its sole discretion. Without
limiting the general application of this rule, Users may not:
Utilize the Services to cause
denial of service attacks against Horizon Technology Group, Inc.
or other network hosts or Internet users or to otherwise degrade
or impair the operation of Horizon Technology Group, Inc.'s
servers and facilities or the servers and facilities of other
network hosts or Internet users; or
Post messages or software
programs that consume excessive CPU time, or storage space, or
network bandwidth; or
Utilize the Services to offer
mail services, mail forwarding capabilities, POP accounts or auto
responders other than for the User's own account; or
Resell or allow access to or
use of, any of our Services except as and only to the extent
permitted in one of our authorized Reseller programs. Further, by
way of expansion and not by limitation, you may not store files
or other data of third parties on our servers; or
Utilize the Services to
subvert, or assist others in subverting, the security or
integrity of any Horizon Technology Group, Inc. systems,
facilities or equipment; or
Utilize the Services to gain
unauthorized access to the computer networks of Horizon
Technology Group, Inc. or any other person; or
Utilize the Services to provide
passwords or access codes to persons not authorized to receive
such materials by the operator of the system requiring the
password or access code; or
Utilize the Services to (A)
forge the signature or other identifying mark or code of any
other person, (B) impersonate or assume the identity or any other
person, or (C) engage in any other activity (including
"spoofing") to attempt to deceive or mislead other
persons regarding the true identity of the User (excluding the
use of anonymous re-mailers or Internet nicknames); or
Utilize the Services to
distribute or post any virus, worm, Trojan horse, or computer
code intended to disrupt services, destroy data, destroy or
damage equipment, or disrupt the operation of the Services; or
Utilize the Services to conduct
port scans or other invasive procedures against any server
(except any server for which the User is an authorized system
administrator); or
Utilize the Services to
distribute, advertise or promote software or services that have
the primary purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam; or
Utilize the Services to solicit
or collect, or distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam; or
Utilize the Services in any
manner that might subject Horizon Technology Group, Inc. to
unfavorable regulatory, law enforcement or other legal action,
subject Horizon Technology Group, Inc. to any liability for any
reason, or adversely affect Horizon Technology Group, Inc.'s
public image, reputation or goodwill, including, without
limitation, sending or distributing sexually explicit, hateful,
vulgar, racially, ethnically or otherwise objectionable materials
as determined by Horizon Technology Group, Inc. in its sole
discretion;
While on a shared hosting
platform, utilize, operate, enable, execute, compile, upload or
publicly store source code, executable code, programs, or
software packages designed to perform tasks not directly
associated with Web site/e-mail hosting, including, without
limitation, (A) directly opening any listening port, (B) starting
any 'daemon' process, (C) performing local/remote security scans,
(D) simulating local shell/OS access by means of a
tunneled/encapsulated connection to a remote host, (E)
circumventing firewall restrictions, (F) connecting to any
IRC/Peer to Peer file sharing server/network, (G) providing
'tracker' services to 'BitTorrent' clients and/or (H) exploiting
web browser vulnerabilities, as determined by Horizon Technology
Group, Inc. in its sole discretion; or
Attempt to attack, disrupt, or
abuse the support- and contact-related mechanisms of Horizon
Technology Group, Inc., including, but not limited to, telephone
lines, e-mail addresses, fax lines, bulletin boards or
contact/signup forms; or
Utilize the Services in any
other manner to interrupt or interfere with the Internet usage of
other persons.
Violations:
Disclaimer. Horizon Technology
Group, Inc. expressly disclaims any obligation to and does not
monitor its Users and other Users with respect to violations of
this AUP. Horizon Technology Group, Inc. has no liability or
responsibility for the actions of any of its Users or other Users
or any content any User may post on any Web site.
Reporting Non-Copyright
Violations. Horizon Technology Group, Inc. encourages Users to
report violations of this policy by e-mail to: abuse@Horizon
Technology Group, Inc.-inc.com, including in any such report the
name of the offending domain (for example, xyz.com) and the type of
abuse (for example, Spam, illegal acts, harassment, etc.) in the
"subject" field of the e-mail.
Reporting Copyright Violations.
Horizon Technology Group, Inc. complies with the Digital
Millennium Copyright Act ("DMCA"). Horizon Technology
Group, Inc. encourages Users to report an alleged copyright
infringement involving a user by sending a notice that complies
with the DMCA which information is located under the DMCA Policy of
this Web site.
Remedies. If Horizon Technology Group, Inc. learns of a
violation of this AUP, Horizon Technology Group, Inc. will respond
to the applicable User and may, in Horizon Technology Group, Inc.'s
sole discretion, take any or all of the following actions, with or
without notice as it deems necessary or appropriate in accordance
with the severity and duration of the violation:
Warning the User: and/or
Suspending the offending User
from the Services; and/or Terminating or cancelling, or
disconnecting the offending User from, the Services; and/or
Imposing fees or charges on the
offending User account in accordance with the applicable service
contract; and/or
Removing the offending content;
and/or
Taking other action in
accordance with this AUP, the applicable service contract or
applicable law.
Reservation of Rights. Horizon Technology Group, Inc.
reserves the right to cooperate with and provide any and all User
information and data to appropriate legal authorities in
investigations or reporting of claims of illegal activity involving
Horizon Technology Group, Inc.'s Services. Horizon Technology Group,
Inc. reserves all other rights to respond to violations of this AUP
to the extent of applicable law and in accordance with any
applicable contractual obligations. Horizon Technology Group, Inc.
may utilize technical means to monitor communications into, and out
of, its network facilities to prevent the introduction of viruses or
other hostile code, to prevent intrusions and otherwise to enforce
this AUP and each User agrees that Horizon Technology Group, Inc. is
authorized to monitor its communications through Horizon Technology
Group, Inc.'s network for such purposes.
|
