As an Internet service provider ("ISP"), RawData offers its subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. RawData also wants its subscribers to be fully informed of their rights and obligations -- and those of RawData -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Hosting Services Agreement"), is intended as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one -- neither RawData, nor anyone else -- 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 RawData 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 RawData cannot monitor and censor the Internet, and will not attempt to do so, RawData cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable or offensive Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that RawData does not review, edit, censor or take responsibility for any information its subscribers may create. This places an unfamiliar responsibility on most subscribers. 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 RawData facilities and may reach a large number of people, including both subscribers and non-subscribers of RawData, subscribers' postings to the Internet may affect other subscribers and may harm RawData's goodwill, business reputation and operations. For these reasons, subscribers are in violation of RawData policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward RawData, but also because it can overload RawData's equipment and disrupt service to RawData subscribers.
Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for those who infringe, and can involve the ISP in litigation and possible loss of reputation.
Online Gambling or Internet Based Games -- It is a violation of RawData policy to create or operate any form of gambling services or like service, or internet based games due to the bandwidth consumption required to operate such services. Any account with services of such type which exceed the purchased plan bandwidth allowance will be immediately shut down without notice.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Other Activities, whether lawful or unlawful, that RawData determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the subscriber. RawData
will not, as an ordinary practice, monitor the communications of
its subscribers to ensure that they comply with RawData policy or
applicable law. When RawData becomes aware of harmful communications,
however, it may take any of a variety of actions. RawData may remove
information that violates its policies, implement screening software
designed to block offending transmissions, or take any other action
it deems appropriate, including termination of a subscriber's contract
with RawData.
RawData also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching RawData's
facilities from those subscribers may have been originated by customers
of those subscribers or other third parties. RawData does not require
its subscribers who offer Internet services to monitor or censor
transmissions created by customers of its subscribers. At the same
time, subscribers who knowingly transmit materials that violate
law or RawData policy are, themselves, in violation of RawData policy.
Similarly, RawData anticipates that subscribers who offer Internet
services will cooperate with RawData in any corrective action that
RawData deems necessary, in order to correct and prevent the transmission
of material that is harmful to RawData or its subscribers. Failure
to cooperate with such corrective and preventive measures is a violation
of RawData policy.
RawData also is concerned with the privacy of on-line communications.
In general, the Internet is neither more nor less secure than other
common communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, RawData urges its
subscribers to assume that all of their on-line communications are
insecure.
RawData cannot take any responsibility for the security of communications
transmitted over RawData's facilities. RawData will comply fully,
however, with all applicable laws concerning the privacy of its
subscribers' on-line communications. In particular, RawData will
not intentionally monitor or disclose any private electronic mail
messages sent or received by its subscribers unless required to
do so by law. RawData may, however, monitor its service electronically
to determine that its facilities are operating satisfactorily. Also,
RawData may be required to disclose information transmitted through
its facilities in order to comply with court orders, statutes, regulations
or governmental requests. Finally, RawData may disclose information
transmitted over its facilities where necessary to protect RawData
and its subscribers from harm, or where such disclosure is necessary
to the proper operation of the system.
RawData 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 RawData policy. Finally, RawData wishes to emphasize that in signing the Services Agreement, subscribers indemnify RawData for any violation of the subscriber of the Services Agreement, or of law or RawData policy, that results in loss to RawData or the bringing of any claim against RawData. This means that if RawData is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against RawData, plus costs and reasonable attorneys' fees.
Limitation of Liability - To the extent not prohibited by law, in no event shall RawData be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use any RawData services or software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and if RawData has been advised of the possibility of such damages. Some jurisdictions do not allow limitations of liability for incidental or consequential damages, so this may not apply to you. In no event shall RawData's total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Limitation of Support - RawData offers email and phone support to any actively funded hosting account. The extent of support is limited to inquiries and resolutions to reinstate the proper operation of the systems and services that RawData offers to these account holders. A call identified by a support team member as not being related to the above limitations of support will incur a support charge of $100/hour (minimum one hour charge) for each act of support requested by the account holder or an agent of the account holder. These charges will be applied directly to the billing method on file with RawData.
Refund Policy for Violators - RawData offers no refund of any payment to RawData for services offered by RawData to any account which violates the above terms of use policies listed in this document.
Information subject to change without notification.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including RawData and its subscribers, as responsible members of the Internet.