MacDock (323, Inc.) Acceptable Use Policy

In order to protect the interests and assets of MacDock and its customers, MacDock has developed an Acceptable Use Policy ("AUP"), which is intended as a guide to a customer's rights and obligations when utilizing MacDock's services. This AUP will be revised from time to time. A customer's use of MacDock's services after changes to the AUP are posted on MacDock's web site, www.macdock.com, 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 subscribers obtain information through the Internet, they must keep in mind that MacDock cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 MacDock cannot monitor or censor the Internet, and will not attempt to do so, MacDock cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that MacDock does not review, edit, censor, or take responsibility for any information its subscribers may create. When users 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 MacDock's network and may reach a large number of people, including both subscribers and nonsubscribers of MacDock, subscribers' postings to the Internet may affect other subscribers and may harm MacDock's goodwill, business reputation, and operations. For these reasons, subscribers violate MacDock 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 MacDock, but also because it can overload MacDock's network and disrupt service to MacDock subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MacDock has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
• Running "Spamvertised" Services -- Running web sites, and/or online services that are promoted through the sending of unsolicited bulk and/or commercial email messages, or by commercial posting to Usenet newsgroups and/or web forums and/or chat channels, regardless of the network origin of such promotion. This is not only harmful because of its negative impact on consumer attitudes toward MacDock, but also because the repurcussions of "Spamvertising" can overload MacDock's network and human resources, and can disrupt service to MacDock subscribers.
• 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. MacDock is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also MacDock's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
• Obscene Speech or Materials -- Using MacDock's network to advertise, transmit, store, post, display, or otherwise make available pornography, child pornography or obscene speech or material. MacDock is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through MacDock's network. MacDock reserves the right to refuse service to any site they feel is inappropriate.
• Defamatory or Abusive Language -- Using MacDock'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, 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.
• 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 MacDock determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. MacDock will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with MacDock policy or applicable law. When MacDock becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to shutting down a web site and/or server, or take any other action it deems appropriate.

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

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

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

MacDock 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 MacDock policy. Finally, MacDock wishes to emphasize that in signing the service agreement, subscribers indemnify MacDock for any violation of the service agreement, law, or MacDock policy, that results in loss to MacDock or the bringing of any claim against MacDock by any third-party. This means that if MacDock is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against MacDock, plus costs and reasonable attorneys' fees.

Any complaints about a subscriber's violation of this AUP should be sent to hostmaster@macdock.com.

Liability

323, INCORPORATED (DBA MacDock.com) will strive to keep its services running reliably but 323, INCORPORATED will not be held responsible for any losses you may incur through their use. If you are a business, you should ensure that you have adequate business insurance, and we recommend you contact an insurance agent or broker. As a customer of 323, INCORPORATED, you agree to indemnify, defend and hold harmless 323, INCORPORATED, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, 323, INCORPORATED will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activities. If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s) owned by the customer are colocated within our data center, it is your responsibility to ensure that you have proper business insurance coverage for your server(s). As a customer of 323, INCORPORATED, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material.

Last Modified October 13, 2003.