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Acceptable Use Policy (AUP)
Last Updated: October 9, 2003

3D Host's Acceptable Use Policy (AUP) is provided to give our customers a clear understanding of what 3D Host expects of them while they are using our service(s).

Use of 3D Host Service constitutes acceptance and agreement to 3D Host's AUP as well as 3D Host's Terms of Service (TOS). If ordering/using ActiveWorlds related hosting, you also constitute acceptance and agreement of Activeworlds Inc.'s Conduct Guidelines and Content Guidelines.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, e-mail transmission, newsgroup or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability or which may violate this AUP. 3D Host may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your 3D Host account and/or services.

We do not routinely monitor the activity of accounts except for measurements of system utilization, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your hosting account to publish material, which 3D Host determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings and logos), executable programs, video recordings and audio recordings.

If a 3D Host account is used to violate our AUP or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our hosting community, you must use your hosting account access responsibly.

VIOLATIONS OF 3D Host ACCEPTABLE USE POLICY:

The following constitute violations of this AUP:

Illegal Use: 3D Host's services may not be used for illegal purposes, or in support of illegal activities. 3D Host reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to Minors: Use of the 3D Host service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the 3D Host service to transmit any material (by e-mail, chat, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the 3D Host service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent Activity: Use of 3D Host service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited Commercial E-mail / Unsolicited bulk E-mail (SPAM): Use of the 3D Host service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending 3D Host account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending 3D Host account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the 3D Host service is in violation of this AUP.

Usenet SPAMing: 3D Host has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized Access: Use of the 3D Host service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of 3D Host's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending 3D Host account is subject to immediate termination.

Copyright or Trademark Infringement: Use of the 3D Host service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.

Collection of Personal Data: Use of the 3D Host service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network Disruptions & Unfriendly Activity: Use of the 3D Host service for any activity which affects the ability of other people or systems to use 3D Host Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. 3D Host will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Malicious Code: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using 3D Host services could result in suspension service.

Third Party Accountability: 3D Host subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation Of 3D Host Accounts: It is absolutely forbidden to host pornographic content on our server(s). Accounts found hosting this material will be subject to immediate cancellation without refund.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. 3D Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance
3D Host accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of server resources in a manner which impairs server performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs excessively or which negatively impact other customers or the performances of 3D Host systems. 3D Host reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS of 3D Host AUP:

3D Host requests that anyone who believes that there is a violation of this AUP to contact us as soon as possible.

If available, please provide the following information:

-The IP address used to commit the alleged violation.
-The date and time of the alleged violation, including the time zone or offset from Eastern Time.
-Evidence of the alleged violation.
-E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

3D Host may take any one or more of the following actions in response to complaints:

-Issue written or verbal warnings.
-Suspend the Member's account.
-Terminate the Member's account.
-Bring legal action to enjoin violations and/or to collect damages, if any.

REVISIONS TO THIS ACCEPTABLE USE POLICY
3D Host reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements. Notice of any revision, amendment or modification will be posted in accordance with our TOS and/or Terms of Use.


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