Acceptable Use Policy

Limitations on Your Use of the INCORE Web Services Network.

No individual, corporation or institution regulates the Internet. The Internet is a place to freely and openly explore unlimited amounts of information. However, due to lack of regulations, the internet requires individuals to place a high premium on the judgment and responsibility of its use both in the information they acquire and in the information they disseminate to others. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. The customer 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.

As a provider of website hosting and other Internet-related services to its customers, INCORE respects that the Internet provides a forum for free and open discussion and dissemination of information and offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Therefore, INCORE does not review, edit, censor, or take responsibility for any information its customers may create. For this reason, INCORE cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Because the information INCORE’s customers create is carried over INCORE’s network, which reaches a large number of individual, including both customers and non-customers of INCORE, and may affect other customers and/or harm INCORE’s goodwill, business reputation, and operations, INCORE has developed an Acceptable Use Policy, 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 INCORE’s services. Customers violate INCORE 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 INCORE, but also because it can overload INCORE’s network and disrupt service to INCORE customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, INCORE 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. INCORE is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also INCORE’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
• Obscene Speech or Materials – Using INCORE’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. INCORE is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through INCORE’s network.
• Defamatory or Abusive Language – Using INCORE’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.
• 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 INCORE determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. INCORE will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with INCORE policy or applicable law. When INCORE 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 website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

INCORE also is concerned with the privacy of on-line communications and websites. 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, INCORE urges its customers to assume that all of their on-line communications are insecure. INCORE cannot take any responsibility for the security of information transmitted over INCORE’s facilities.

INCORE will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. INCORE may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, INCORE may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. INCORE assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, INCORE may disclose customer information or information transmitted over its network where necessary to protect INCORE and others from harm, or where such disclosure is necessary to the proper operation of the system.

INCORE reserves the right to amend or add additional terms to Acceptable Use Policy from time to time without prior approval from its customers. All changes to the Acceptable Use Policy will immediately be posted on INCORE’s website, www.incore.com. A customer’s use of INCORE’s services after changes to the Acceptable Use Policy will constitute the customer’s acceptance of any new or additional terms of the Acceptable Use Policy.