Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, Advertising Solutions Inc. and its vendors 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. Advertising Solutions 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, Advertising Solutions Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Advertising Solutions Inc. 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 and responsibilities when utilizing Advertising Solutions Inc.'s services. This AUP explains our polices regarding activities that may be harmful to our Customers or compromise the efficiency of our shared hosting environment and overall services.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically. A customer’s continued use of Advertising Solutions Inc.'s services after changes to the AUP are posted on Advertising Solutions Inc.'s web site 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 anyone including subscribers  obtain information through the Internet, they must keep in mind that Advertising Solutions Inc. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the anyone including subscribers  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 Advertising Solutions Inc. cannot monitor or censor the Internet, and will not attempt to do so, Advertising Solutions Inc. cannot accept any responsibility for injury to anyone including its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When anyone including subscribers disseminate information through the Internet, they also must keep in mind that Advertising Solutions Inc. does not review, edit, censor, or take responsibility for any information its subscribers may create. When users and/or customers 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 Advertising Solutions Inc.'s and its vendors network and may reach a large number of people, including both subscribers and nonsubscribers of Advertising Solutions Inc., subscribers' postings to the Internet may affect other subscribers and nonsubscribers may harm Advertising Solutions Inc.'s goodwill, business reputation, and operations. For these reasons, subscribers violate Advertising Solutions Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in any unlawful activities including but not limited to the following prohibited activities:

Disruptive Activity - Spamming
Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or Advertising Solutions Inc. services by others. Disruptive activities include, but are not limited to: 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 Advertising Solutions Inc., but also because it can overload Advertising Solutions Inc.'s network and disrupt service to Advertising Solutions Inc. subscribers. Because SPAM can impair our ability to deliver quality services, Customers are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act ("SPAM") of 2003. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act. It is our policy to cancel accounts that experience a pattern or history of sending e-mail that is the subject of legitimate SPAM complaints from third-parties. We investigate all complaints and take the appropriate action given the circumstances and history of non-compliance. It is a violation of this AUP to commission a third party to send e-mail that is in violation of it, even if that third-party does not use Advertising Solutions Inc. systems, networks or resources. E-mail not in compliance with this AUP - regardless of source - which contains any reference to a Web site hosted by us or contains any reference, link, to a network or system of Advertising Solutions Inc. is prohibited.

Advertising Solutions Inc. reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Advertising Solutions Inc. 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. Advertising Solutions Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Advertising Solutions Inc.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws. Advertising Solutions Inc. will cancel the account of any Customer who knowingly infringes intellectual property laws.

Obscene Speech or Materials
Using Advertising Solutions Inc.'s network to advertise, transmit, store, post, display, or otherwise make available pornography, child pornography or obscene speech or material.. No Customer shall use Advertising Solutions Inc.'s services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed. Advertising Solutions Inc. and its vendors are required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Advertising Solutions Inc.'s network.

Defamatory or Abusive Language
Using Advertising Solutions Inc.'s network as a means to transmit or post defamatory, harassing, abusive, or threatening language. Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion.

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, 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.

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.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
Advertising Solutions Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Online Gambling.
You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.

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. or other scams; offering to sell or selling licensed pharmaceuticals or drugs without a lawful prescription; money laundering; terrorist activities; fraudulently charging or collecting credit card information; or engaging in any other unlawful or fraudulent activities.

Other Activities
Engaging in activities, whether lawful or unlawful, that Advertising Solutions Inc. determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

All material on our network and servers must comply with United States laws. In addition, all material placed on our network and servers by our Customers must be legal in the Customer's own jurisdiction. In Summary, our services may only be used to engage in lawful business activities.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Advertising Solutions Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Advertising Solutions Inc. policy or applicable law. When Advertising Solutions Inc. becomes aware of harmful activities, however, it may at our sole discretion respond in the manner we believe to be appropriate and take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, deleting (canceling) an account and all associated information and files, or take any other action it deems appropriate. No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred. We reserve the right to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate and bear no responsibility for verifying/investigating complaints and responses

Advertising Solutions Inc. also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Advertising Solutions Inc.'s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Advertising Solutions Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Advertising Solutions Inc. has the right to directly take action against a customer of a subscriber. Also, Advertising Solutions Inc. may take action against the Advertising Solutions Inc. subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Advertising Solutions Inc. anticipates that subscribers who offer Internet services will cooperate with Advertising Solutions Inc. in any corrective or preventive action that Advertising Solutions Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Advertising Solutions Inc. policy.

Advertising Solutions Inc. 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, Advertising Solutions Inc. urges its subscribers to assume that all of their on-line communications are insecure. Advertising Solutions Inc. cannot take any responsibility for the security of information transmitted over Advertising Solutions Inc.'s facilities.

Advertising Solutions Inc. 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. Advertising Solutions Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Advertising Solutions Inc. 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. Advertising Solutions Inc. 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, Advertising Solutions Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Advertising Solutions Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

Advertising Solutions Inc. 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 Advertising Solutions Inc. policy. Subscribers agree to hold Advertising Solutions Inc., their employees, officers and their agents and vendors harmless from any claims, damages, losses or any other expenses which might arise from me or any third party legal actions or complaints from subscribers noncompliance of this AUP or any other terms and conditions of services. Finally, Advertising Solutions Inc. wishes to emphasize that in signing the service agreement, subscribers indemnify Advertising Solutions Inc. for any violation of the service agreement, law, or Advertising Solutions Inc. policy, that results in loss to Advertising Solutions Inc. or the bringing of any claim against Advertising Solutions Inc. by any third-party. This means that if Advertising Solutions Inc. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Advertising Solutions Inc., plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Advertising Solutions Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to customerservice@advertisingsolutions.net

 

Last revised August 2007

Privacy Policy

Advertising Solutions Inc.'s policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Advertising Solutions Inc.'s policies and procedures are subject to change. Changes will be posted to the website and use of Advertising Solutions Inc.’s website will constitute acceptance of and agreement to be bound by those changes.

In the course of serving its customers, Advertising Solutions Inc. acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to Advertising Solutions Inc. by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by Advertising Solutions Inc. in the normal course of providing service. Advertising Solutions Inc. also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, Advertising Solutions Inc. uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within Advertising Solutions Inc. In addition, Advertising Solutions Inc. may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

This Privacy Policy applies only to Advertising Solutions Inc.'s treatment of data collected online, and does not apply to any offline data collection practices or to the data collection practices of any third parties, Advertising Solutions Inc. customers, or any entities affiliated with Advertising Solutions Inc. Also, please note that use of Advertising Solutions Inc.'s website constitutes acceptance of this Privacy Policy.

Data Security
Advertising Solutions Inc. protects the confidentiality of its customers' information, account information and personal communications. To secure the information collected online, prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information that is collected from customers, Advertising Solutions Inc. has implemented appropriate physical, electronic, and managerial procedures. Further, Advertising Solutions Inc. requires that employees keep customer information confidential. Advertising Solutions Inc. cautions its customers and website visitors that no medium of communication, including the Internet, is entirely secure. Accordingly, Advertising Solutions Inc. cannot be responsible for loss, corruption or unauthorized acquisition and use of personal information provided to our website, or for any damages resulting from such loss, corruption, unauthorized acquisition or unauthorized use.

How is customer information used?
Advertising Solutions Inc. may share customer information with selected partners and Vendors, for example, to provide customers with information about products, which might be of interest to the customer, or to enable the customer to take advantage of special partner programs. Advertising Solutions Inc. may also use customer information to provide its customers with system information or information about new or upgraded products. In addition, Advertising Solutions Inc. may collect and share non-personally identifiable information (such as website usage information) from visitors to its web sites with third-party companies for various purposes such as statistical analysis, performance optimization and promotional uses. In the case of a business transaction, including but not limited to, a merger or sale of a portion of Advertising Solutions Inc.'s assets, customer information will likely be part of the assets transferred. In this event, Advertising Solutions Inc. will attempt to notify impacted customers that their information has been transferred.

Opt Out & Modifications
Customers may opt out of receiving notices of new or upgraded products from Advertising Solutions Inc. by sending an e-mail to custsrv@advertisingsolutions.net  requesting  No Solicitation Request. Please note however, that customers may not opt out of receiving information from Advertising Solutions Inc. or its vendors that is essential for maintaining or updating customers' accounts or system information.

Most customers may access and modify their personal information via their online personal control panel/account information page. All other customers may access and modify their personal information by contacting Advertising Solutions Inc. Customer service at customerservice@advertisingsolutions.net

Customers who have registered a domain name through Advertising Solutions Inc. may receive notices from the accredited registrar, Dotster Inc. who is the a third party Advertising Solutions Inc. has selected to provide domain name registration services.  It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Disclosure of customer information and communications
Advertising Solutions Inc. will not otherwise disclose its customers' personal and account information unless Advertising Solutions Inc. has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Advertising Solutions Inc., Advertising Solutions Inc.'s customers, or others, or where Advertising Solutions Inc. has a good faith belief that the law requires such disclosure such as in response to legal process seeking disclosure of such information.

Advertising Solutions Inc. also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Advertising Solutions Inc. stores or transmits for its customers. The circumstances under which Advertising Solutions Inc. will disclose such electronic customer communications are when:

1. It is necessary in order to provide service to the customer;
2. It is necessary to protect the legitimate interests of Advertising Solutions Inc. and its customers;
3. It is required to cooperate with interception orders, warrants, or other legal process that Advertising Solutions Inc. determines in its sole discretion to be valid and enforceable; and
4. It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Advertising Solutions Inc. and appear to pertain to the commission of a crime.

Advertising Solutions Inc. disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Advertising Solutions Inc., however, review, delete or block access to communications that may harm Advertising Solutions Inc., its customers or third parties. The grounds on which Advertising Solutions Inc. may take such action include, but are not limited to, actual or potential violations of Advertising Solutions Inc.'s Acceptable Use Policy.

 

Last revised August 2007