As a provider of Internet access, web site hosting, and other Internet-related services, Email Answers offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.
Email Answers respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Email Answers reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, Email Answers 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 Email Answers’ services.
This AUP will be revised from time to time. A customer’s use of Email Answers’ services after changes to the AUP are posted on Email Answers’ website, www.emailanswers.com, will constitute the customer’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 subscribers obtain information through the Internet, they must keep in mind that Email Answers 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 Email Answers cannot monitor or censor the Internet, and will not attempt to do so, Email Answers cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Email Answers does not review, edit, censor, or take responsibility for any information its subscribers 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 Email Answers’ network and may reach a large number of people, including both subscribers and non-subscribers of Email Answers, subscribers’ postings to the Internet may affect other subscribers and may harm Email Answers’ goodwill, business reputation, and operations. For these reasons, subscribers violate Email Answers policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Email Answers will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Email Answers policy or applicable law.
When Email Answers 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.
Email Answers also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Email Answers’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Email Answers does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Email Answers has the right to directly take action against a customer of a subscriber. Also, Email Answers may take action against the Email Answers subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Email Answers anticipates that subscribers who offer Internet services will cooperate with Email Answers in any corrective or preventive action that Email Answers deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Email Answers policy.
Email Answers 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, Email Answers urges its subscribers to assume that all of their on-line communications are insecure. Email Answers cannot take any responsibility for the security of information transmitted over Email Answers’ facilities.
Email Answers will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Email Answers may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Email Answers may disclose information, including but not limited to, information concerning a subscriber, 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.
Email Answers assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Email Answers may disclose subscriber information or information transmitted over its network where necessary to protect Email Answers and others from harm, or where such disclosure is necessary to the proper operation of the system.
If the customer violates any part of this AUP, Email Answers reserves the right to disconnect the customer at any time and the customer will be responsible for any remaining time left for his/her contract. This agreement is part of the entire agreement between the customer and Email Answers. In the event of any legal or equitable action initiated by either Email Answers or Customer in connection with their Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including reasonable attorney’s fees incurred in connection therewith and in any appeal or enforcement proceeding thereafter.
Email Answers 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 Email Answers policy. Finally, Email Answers wishes to emphasize that in signing the service agreement, subscribers indemnify Email Answers for any violation of the service agreement, law, or Email Answers policy, that results in loss to Email Answers or the bringing of any claim against Email Answers by any third-party. This means that if Email Answers is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Email Answers, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Email Answers and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to email@example.com.