Chromatic Development, LLCAs a provider of web site hosting and other Internet-related services, Chromatic Development, LLC ("Chromatic") offers its customers (also known as "Clients"), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Chromatic respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Chromatic reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Chromatic has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Client's respective contract and is intended as a guide to the Client's rights and obligations when utilizing Chromatic's services. This AUP will be revised from time to time. A Client's use of Chromatic's services after changes to the AUP are posted on Chromatic's web site, http://chromaticdevelopment.com, will constitute the Client'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 Clients obtain information through the Internet, they must keep in mind that Chromatic cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the Client 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 Chromatic cannot monitor or censor the Internet, and will not attempt to do so, Chromatic cannot accept any responsibility for injury to its Clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When Clients disseminate information through the Internet, they also must keep in mind that Chromatic does not review, edit, censor, or take responsibility for any information its Clients may create. When Clients 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 Chromatic's network and may reach a large number of people, including both Clients and non-clients of Chromatic, Clients' postings to the Internet may affect other Clients and may harm Chromatic's goodwill, business reputation, and operations. For these reasons, Clients violate Chromatic's 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 Chromatic, but also because it can overload Chromatic's network and disrupt service to Chromatic subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Chromatic 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. Chromatic is required by law to remove or block access to Client content upon receipt of a proper notice of copyright infringement. It is also Chromatic's policy to terminate the privileges of Clients who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Chromatic's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Chromatic is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Chromatic's network.
Defamatory or Abusive Language -- Using Chromatic'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.
Usenet Groups -- Chromatic reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
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 Chromatic determines to be harmful to its Clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Client. Chromatic will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with Chromatic policy or applicable law. When Chromatic becomes aware of harmful activities, however, it may 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, or take any other action it deems appropriate.
Chromatic 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, Chromatic urges its Clients to assume that all of their on-line communications are insecure. Chromatic cannot take any responsibility for the security of information transmitted over Chromatic's facilities.
Chromatic will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law, governmental authority, or when public safety is at stake. Chromatic may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Chromatic may disclose information, including but not limited to, information concerning a Client, 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. Chromatic assumes no obligation to inform the Client that Client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Chromatic may disclose Client information or information transmitted over its network where necessary to protect Chromatic and others from harm, or where such disclosure is necessary to the proper operation of the system.
Finally, Chromatic wishes to emphasize that in signing the contract, Clients indemnify Chromatic for any violation of the contract, law, or Chromatic policy, that results in loss to Chromatic or the bringing of any claim against Chromatic by any third-party. This means that if Chromatic is sued because of a Client's activity, the Client will pay any damages awarded against Chromatic, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Chromatic and its Clients, as responsible members of the Internet. Any complaints about a Client's violation of this AUP should be sent to mailbox@chromaticdevelopment.com