Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, TopsHost offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. TopsHost respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, TopsHost reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, TopsHost has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing TopsHost’s services. This AUP will be revised from time to time. A customer's use of TopsHost’s after changes to the AUP are posted on TopsHost’s web site, "Policies", will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

When information is disseminated through the Internet, they also must keep in mind that TopsHost does not review, edit, censor, or take responsibility for any information its clients 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 TopsHost’s network and may reach a large number of people, including both clients and non-clients of TopsHost, clients' postings to the Internet may affect other clients and may harm TopsHost’s goodwill, business reputation, and operations. For these reasons, clients violate TopsHost policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming
Intellectual Property Violations
Defamatory or Abusive Language
Forging of Headers
Illegal or Unauthorized Access to Other Computers or Networks
Background Running Programs
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Facilitating a Violation of this AUP
Export Control Violations
Other Illegal Activities
Other 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 TopsHost, but also because it can overload TopsHost's network and disrupt service to TopsHost clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, TopsHost has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail 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. TopsHost is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also TopsHost’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. TopsHost allow adult content or adult related material.

Defamatory or Abusive Language

Using TopsHost’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).

Background Running Programs

TopsHost will be the sole arbitor of what consitutes a violation of the above policy.

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 countries prohibited by 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 TopsHost 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. TopsHost will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with TopsHost policy or applicable law. When TopsHost 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.

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

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

We hope this AUP is helpful in clarifying the obligations of Internet users, including TopsHost and its clients, as responsible members of the Internet.
Rev. 1.1 8/12/02.
TopsHOST is a trading name of Tops Network Ltd. Registered in London UK.