Acceptable Use Policy

This AUP is incorporated by reference in your Master Services Agreement with Web 2 Market and your service may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement. You are responsible for violations of this policy by you or anyone using your service, whether authorized by you or not.

Internet Abuse

You may not use Web 2 Market’s network to engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Web 2 Market and its customers) without express authorization of the owner of the system or network;

Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

Interference with service to any user of the Web 2 Market or other networks including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;

Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

Any conduct that is likely to result in retaliation against the Web 2 Market network or website, or Web 2 Market’s employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

You may not use Web 2 Market’s network to engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Web 2 Market and its customers) without express authorization of the owner of the system or network;

Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

Interference with service to any user of the Web 2 Market or another network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;

Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

Any conduct that is likely to result in retaliation against the Web 2 Market network or website, or Web 2 Market’s employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Security

You must take reasonable security precautions in light of your use of the Web 2 Market services. You are solely responsible for any breaches of security affecting the servers under your control. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.

A compromised server is potentially disruptive to Web 2 Market’s network and other customers. Therefore Web 2 Market may take your server offline if it is accessed or manipulated by a third party without your consent.

Bulk or Commercial E-Mail

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Web 2 Market’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Web 2 Market’s reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.

You must make reasonable efforts to remove inactive or undeliverable e-mail addresses from your list.

These policies apply to messages sent using your Web 2 Market service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Web 2 Market service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Web 2 Market may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Offensive Content

You may not publish or transmit via Web 2 Market’s network and equipment any content that Web 2 Market reasonably believes:

constitutes pornography;

is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

is defamatory or violates a person’s privacy;

creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

improperly exposes trade secrets or other confidential or proprietary information of another person;

is intended to assist others in defeating technical copyright protections;

clearly infringes on another person’s trade or service mark, patent, or other property right;

promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Web 2 Market; or

is otherwise malicious, fraudulent, or may result in retaliation against Web 2 Market by offended viewers.

Copyrighted Material

You may not use Web 2 Market’s network or equipment to download, publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

you are otherwise permitted by established United States copyright law to copy the work in that manner.

Web 2 Market may terminate the service of repeat copyright infringes.Copyright Infringement Notice (Digital Millennium Copyright Act)Cooperation with Investigations and Legal Proceedings.Web 2 Market may, without notice to you:

report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and

provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Other:

You must have valid and current information on file with your domain name registrar for any domain hosted on the Web 2 Market network.

You may only use IP addresses assigned to you by Web 2 Market staff in connection with your Web 2 Market services.

You may not take any action which directly or indirectly results in Web 2 Market IP space being listed in any of the various abuse databases.

Consequences of Violation of AUP

Web 2 Market may without notice to you, suspend your service or remove any content transmitted via the Web 2 Market service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with Web 2 Market’s reasonable investigation of any suspected violation of the AUP. Web 2 Market will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured.

You are strictly responsible for the use of your Web 2 Market service in violation of this AUP, including use by your customers, and including unauthorized use. Web 2 Market will charge you its hourly rate for security breach recovery (currently $250.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Web 2 Market or any of its customers by the use of your service in violation of this AUP, (iii) respond to complaints, and (iv) have Web 2 Market’s Internet Protocol numbers removed from any “blacklist” such as SPEWs or other abuse databases.

Amendments to AUP

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP in accordance with our Master Services Agreement to further detail or describe reasonable restrictions on your use of our services.

Disclaimer

Web 2 Market is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Web 2 Market network. Web 2 Market disclaims any obligation to any person who has not entered into an agreement with Web 2 Market for services.