PORTERFIELD.net Acceptable Use Policy

Contents:

This Acceptable Use Policy document, including the following list of Prohibited Activities, is part of your Hosting Agreement. If you engage in any of the activities prohibited by this AUP document PORTERFIELD.net may suspend or terminate your account without obligation to refund any monies. In addition cleanup fees may be levied. This is not necessarily a static document. If you are a PORTERFIELD.net customer, you will likely be notified of any significant changes to this AUP. Failure of PORTERFIELD.net to notify you of any changes to this AUP does not absolve you of responsibility to adhere to it.

When using the PORTERFIELD.net Service the following are Prohibited Activities:

(a) Violations of Service Providers' Rules. You agree to not use the PORTERFIELD.net Service to violate any operating rule, policy, or guideline of any other Internet service provider.

(b) Spam (Unsolicited Bulk Email, "UBE"). The sending of any form of Unsolicited Bulk Email through PORTERFIELD.net's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site or email address hosted on PORTERFIELD.net's servers, is prohibited. No Internet address hosted or routed by any server on the PORTERFIELD.net network can be involved in UBE in any way.

Use of PORTERFIELD.net SMTP service by parties who are not PORTERFIELD.net customers. Use of our SMTP service is a privilege, not a right. You are bound by these terms of service if you use our SMTP service. This means you must follow this policy if you send us (or our customers/users) email! Sending Unsolicited Commercial Email or Unsolicited Bulk Email to PORTERFIELD.net (or our customers/users) means that you waive all claims of damages against PORTERFIELD.net AND you consent to a free security audit which may include TCP probes and connections. If you do not consent to this agreement you have the option NOT to engage in unsolicited transactions with our SMTP service.
Failure to adhere to these terms will result in an invoice being levied against the sender for $500 per unauthorized message (attempted or delivered - meaning that a single message sent to three recipient accounts would be eligible for a $1500 invoice.) or actual clean-up, storage, investigation, legal, reporting, and related costs, whichever is greater. The term unauthorized message includes emails that may not be bulk, specifically UCE and unauthorized relay attempts.
In the event the sender of the UBE is indiscernible due to forgery, or other obfuscation techniques such as abuse of open relays or open proxies, PORTERFIELD.net reserves the right to invoice the benefactor. (e.g. spam is received advertising website www.spammerporn.foo and has forged headers, the operators of spammerporn.foo will be held accountable for the UBE since they are its benefactor.)
PORTERFIELD.net may elect to accept or reject SMTP transactions from ANY host as we deem fit. If you find your email is blocked by PORTERFIELD.net and wish to contact us on the matter, you can do so by using our
. Be aware that this form will log your IP address and abuse of this form will be reported to the abuser's ISP.

(c) Inappropriate software, products, and services. You agree not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement, or designed to violate the AUPs of other service providers. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mailbomb programs, and programs designed to gain unauthorized access to networks on the Internet.

(d) Chain Letters. You agree to not transmit chain letters, virus warnings, or letters or messages based on the structure of a chain letter, through the PORTERFIELD.net Service.

(e) Pornography. You agree not to place any obscene or pornographic content on a PORTERFIELD.net-hosted web site.

(f) Copyright and Trademark Violations. You agree not to post or transmit any information that infringes another person's or entity's copyright in all or any part on a PORTERFIELD.net-hosted web site or through the PORTERFIELD.net Mail or other Service. You agree not to post or transmit on or through the PORTERFIELD.net Service any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Fraud. You agree not to post or transmit any fraudulent information on or through the PORTERFIELD.net Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.

(h) False Advertising. You agree not to post or transmit on or through the PORTERFIELD.net Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(i) Defamation. You agree not to post or transmit any information in violation of any applicable law on a PORTERFIELD.net-hosted web site or through the PORTERFIELD.net Mail or other Service.

(j) Harassment, Threats, and Abuse. You agree not to use the PORTERFIELD.net Service to harass, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(k) Systems Abuse. You agree not to abuse the PORTERFIELD.net system, or any other system accessible through the Internet via PORTERFIELD.net, by causing any harm to the system so that it inhibits other users ability to effectively use the system. You further agree not to compromise or attempt to violate security at PORTERFIELD.net or elsewhere, including but not limited to attempted access of any data, server, or account that you are not expressly authorized to access.

(l) Reselling. You agree not to resell PORTERFIELD.net services or products without an express written agreement with PORTERFIELD.net.

PORTERFIELD.net reserves the right to cancel service without cause at any time.