Level 4 Services supports the free flow of information and ideas over the Internet. Level 4 Services does not actively monitor, nor does Level 4 Services exercise editorial control over, the content of any website, electronic mail transmission, mailing list, newsgroup or other material created or accessible over Level 4 Services services (“Services”). However, Level 4 Services reserves the right to remove any materials that, in Level 4 Services’ sole discretion, are potentially illegal, may subject Level 4 Services to liability, or violate this Acceptable Use Policy (“Policy” or “AUP”). Violation of this Policy may result in the suspension or cancellation of your Level 4 Services Services. Level 4 Services strives to maintain favorable business relationships in the Internet community and will not allow any practice that threatens these relationships. Further, clients shall not use, nor shall they permit others to use, the Services so as to interfere with the use of the Level 4 Services network by other clients or authorized users. If a client, or a third party acting through client, violates any of the foregoing prohibitions, Level 4 Services may immediately suspend the Services and/or terminate the Services Agreement without further liability or obligation to client.
- Lawful Purposes
The Services may only be used for lawful purposes and in compliance with this AUP. Transmission of any material in violation any U.S. or state law or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trademark, trade secret or other federal or state laws including, without limitation, the DMCA, CAN-SPAM Act, infringement and unfair competition laws. By using Level 4 Services’ Services, you agree to indemnify, defend and hold Level 4 Services harmless from any claims, liabilities, actions, expenses, and costs (including payment of reasonable attorneys fees) resulting from your use of the service which violates any provision of this AUP and/or which causes any damages to you or another person or entity. Notwithstanding the above, you agree that should Level 4 Services be found liable in a court of law for any action related to the use of Level 4 Services Service, that Level 4 Services’ liability, if any, shall be limited to the unused balance of your monthly payment, pro-rated to reflect your current month, and said unused balance shall be used to offset any such damages. You will further agree that Level 4 Services has the right to terminate further service to you and/or your organization upon notice that you or any person or entity on your behalf has, or intends to, initiate legal proceedings against Level 4 Services of any kind. Level 4 Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Exporting software or technical information in violation of U.S. export control laws.
- Any conduct that could damage, disable, overburden, or impair Level 4’s servers or networks, or interfere with any other party’s use of Level 4’s Service.
- Posting or emailing of scams such as ‘make money-fast’ schemes or ‘pyramid/chain’ letters.
- Threatening bodily harm or property damage to individuals or groups.
- Making fraudulent offers of products, items, or services originating from your account.
- Attempting to access the accounts of others, or attempting to penetrate security measures of Level 4 Services’ or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data.
- The unauthorized use of a person’s name, image or likeness: Falsifying identity or contact information (whether given to Level 4, to the Registrar, or other parties), including but not limited to, impersonating any person or entity and/or forging anyone else’s digital or manual signature.
- Use of an IP address not assigned as part of the Service provided.
- Personal Account Use
Using a personal account for high volume or commercial purposes is strictly prohibited except as provided in this Section. If you would like to receive high-volume or commercial services, please contact Level 4 Services’ Sales Department at (818) 883-0500 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:
- Any mailbox exceeding 200MB may, at Level 4 Services’ discretion, be transferred to a compressed temporary file or storage. Clients will be notified at that time with further information. Level 4 Services reserves the right to delete the temporary file from the server sixty days after this notification.
- Exceeding 20MB of disk space for free websites. Any free website exceeding 20MB will be suspended until the client brings the disk space usage under 20MB or less. Additional megabytes may be purchased and these prices may be obtained by calling (818) 883-0500. Business websites start at 20MB and go up from there.
- Exceeding 250MB of traffic in a one month period for free websites. Any free website exceeding 250MB of traffic will be billed for the excess traffic. Traffic over 250MB will be charged per MB. Business websites start at 2 GBs of traffic per month.
All Level 4 Services clients agree to use and use only the email address as confirmed at the time of signup for their “Return” and/or “Reply-To” Internet email address for all communication with Level 4 Services such as Client Support requests and billing inquiries. The use of a “fake” email address, email address belonging to another Internet user, or no email address as a “Return” and/or “Reply-To” Internet email address is prohibited and such use shall be cause for immediate account termination.Use of the Services to send Unsolicited Commercial Email is a violation of this AUP and cause for immediate account termination. The following practices are required for use of Level 4 Services’ email systems:
- The email addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an email message sent to the subscriber to which they must reply, or containing a URL which they must visit, in order to complete the subscription. Regardless of how this is accomplished, a fundamental requirement of all lists is the verification of all new subscriptions. Regardless of how this is accomplished, a fundamental requirement of all lists is the verification of all new subscriptions.
- Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
- Mailing list administrators must make an “out of band” procedure (e.g., a means of contact by which messages may be sent for further correspondence via email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
- Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
- Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a “suppression list” of email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
- Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring “opt-in” lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
- Mailing list administrators must make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators must create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists; Company A should not summarily incorporate Company B’s mailing lists into its own.
Failure to adhere to these practices is a violation of the AUP and cause for immediate account termination.
Use of Level 4 Services network for bulk and/or unsolicited email (“SPAM”), commercial or otherwise, is prohibited and shall be cause for immediate account termination. The use of the Level 4 Services network to gain access and transmit unsolicited bulk email (“SPAM”), through a non-Level 4 Services server is prohibited. Termination of service and a minimum of $750 cleanup fee shall be imposed whenever the Level 4 Services network is utilized, in whole or in part, for transmission of unsolicited bulk email. Client shall be held liable for any and all costs incurred by Level 4 Services as a result of client violation of these terms and conditions; including but not limited to attorney fees and costs resulting from Postmaster responses to complaints, and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Level 4 Services’ current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $150 per hour, with a minimum one (1) hour charge.
Use of Level 4 Services’ NNTP news server for cross-posting messages to more than 10 news groups, the posting of off-topic messages to newsgroups, and/or as an advertising medium is prohibited and shall be cause for immediate account termination. The use of forged headers is prohibited. Further, the following practices are also prohibited and cause for immediate account termination:
- Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
- Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
- Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
- Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group’s FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.
- Installation of ‘auto-responders’, ‘cancel-bots’ or similar automated or manual routines which generate excessive amounts of Net traffic, or disrupt Net newsgroups or email use by others.
- IP Addresses
Level 4 Services may provide IP (Internet Protocol) addresses for certain types of service. These addresses are not transferable if your Service is transferred to another Internet Service Provider. Level 4 Services reserves the right to renumber its servers or clients at any time without prior notice. This is essential to the efficient operation of the Internet, and is in no way a business function of Level 4 Services that can be avoided due to the nature of the Internet.
Distributing viruses to or from Level 4 Services systems is expressly prohibited. If your system becomes infected with a virus your connection will be terminated and your account deactivated. When clients are deactivated for the first time due to a virus infection, they will be required to perform all necessary repairs to their system, such as downloading patches and updates. Upon completion of said repairs, clients will then be reactivated. No fees will be applied to client accounts at this time. When clients are deactivated for the second time, they will again be required to perform all necessary repairs, as well as pay a $25.00 reactivation fee per infected IP address. After completing the necessary repairs and paying the fee, clients will then be reactivated. For all subsequent virus-related deactivations, clients will be charged a $50.00 reactivation fee, plus possible additional fees for time and materials. Clients will be notified by phone, upon deactivation of an IP address.
- Account Passwords
You may not reveal your account password to others or allow use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same username and password combination.
III. Unlimited Service
Client acknowledges that Level 4 Services’ Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games and browsing the World Wide Web. Accordingly, Level 4 Services maintains the right to terminate clients’ connections following any extended period or inactivity as determined by Level 4 Services.
IV. Level 4 Services Assumes No Liability
Level 4 Services has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on Level 4 Services’ systems, nor can Level 4 Services ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Level 4 Services does not assume liability to clients, subscribers or others for any failure to enforce the terms of this Policy.
V. Revisions to this Policy
Level 4 Services reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to clients and subscribers by posting such changes to the Level 4 Services homepage (www.lvl4.com), by electronic mail, or by conventional mail.