The Relationship Marketing and Messaging Company
TERMS OF SERVICE
Acceptable Use Policy
As a provider of Internet access, web site hosting, and other Internet-related services, Twelve Horses offers its Customers and clients (Customer or Customers) the means to acquire and disseminate public, private, commercial, and non-commercial information. Twelve Horses acknowledges that the Internet provides a forum for open discussion and dissemination of information. However, when there are competing interests at issue which relate to such dissemination of information, Twelve Horses reserves the right to take certain preventative or corrective actions. As such, Twelve Horses has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Customer's respective service agreement(s) and is intended as a guide to the Customer's rights and obligations when utilizing Twelve Horses services. This AUP may be revised from time to time and a Customer's use of Twelve Horses services after such changes are made will constitute the Customer's acceptance of any new or additional terms of the AUP.
As mentioned above, the Internet provides a forum for open discussion and dissemination of information. This 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 divulge to others. When Customers obtain information through the Internet, they must keep in mind that Twelve Horses cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Customers may acquire. Because of this, the Customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted on the Internet is sexually explicit, obscene or otherwise offensive. Because Twelve Horses cannot monitor or censor the Internet, and will not attempt to do so, Twelve Horses cannot accept any responsibility for injury to its Customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
Customer acknowledges that Twelve Horses does not review, edit, censor, or take responsibility for any information Customer may create and display on the Internet. Because the information a Customer creates is carried over Twelve Horses' network and may reach a large number of people, including both Customers and non Customers of Twelve Horses, Customers utilization of Twelve Horses services or products may affect other Customers and may harm Twelve Horses' goodwill and business. For these reasons, Customers violate Twelve Horses Acceptable Usage Policy (“AUP”) when they engage in the following prohibited activities:
Any Questions? sales@twelvehorses.net
For these reasons, customers violate Twelve Horses' AUP when they engage in the following activities:
- Spamming
Sending unsolicited bulk and/or commercial messages over the Internet. Spamming is harmful because of its negative impact on consumer attitudes toward Twelve Horses, and because it can overload Twelve Horses' network and disrupt service to Twelve Horses Customers. Further, maintaining an open SMTP relay is prohibited. When a complaint is received, Twelve Horses has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. If email recipients were not from an opt-in email list, Twelve Horses reserves the right to cancel any agreement with the person or entity sending the given spam message.
- Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities. Twelve Horses is required to remove or block access to Customer content upon receipt of a notice of infringement. It is also Twelve Horses' policy to terminate the privileges of Customers who commit violations of intellectual property laws.
- Obscene Speech or Materials
Using Twelve Horses network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Twelve Horses is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Twelve Horses' network.
- Defamatory or Abusive Language
Using Twelve Horses' 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).
- 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.
- Exporting software over the Internet or otherwise, to points outside the United States
- Usenet Groups
Twelve Horses reserves the right not to accept postings from newsgroups where Twelve Horses has actual knowledge that the content of the newsgroup violates the AUP.
- Other Activities
Engaging in other 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. Further, engaging in activities, whether lawful or unlawful, that Twelve Horses determines to be harmful to its Customers, operations, reputation, goodwill, or Customer relations.
Important Note on Email Authentication
As messages are created and sent from the Customer’s individual network, and then processed through the Twelve Horses system, Twelve Horses will not authenticate these messages using current email authentication methods such as Sender Policy Framework (“SPF”), Sender ID, or Domain Keys Identified Mail (“DKIM”). It is the responsibility of Customer to make any necessary changes, such as DNS entries, in order to avoid issues with email authentication.
The responsibility for avoiding the harmful activities described above rests with the Customer. Twelve Horses will not monitor the communications of its Customers to ensure that they comply with Twelve Horses policy or applicable law. However, when Twelve Horses becomes aware of harmful activities, 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 products or services, termination of service, or taking any other action it deems appropriate. Twelve Horses also is aware that many of its Customers are themselves, providers of Internet or related services, and that information reaching Twelve Horses' facilities from those Customers may have originated from a customer of the Customer or from another third-party. Twelve Horses does not require its Customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its Customers. Twelve Horses has the right to directly take action against a customer of a Customer. Also, Twelve Horses may take action against the Twelve Horses Customer because of activities of a customer of the Customer, even though the action may affect other customers of the Customer. Customers who offer Internet services shall cooperate with Twelve Horses in any corrective or preventive action that Twelve Horses deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Twelve Horses policy and shall entitle Twelve Horses to terminate any service agreement then in place.
Twelve Horses also is concerned with the privacy of Internet-based communications and web sites. Thus, Twelve Horses urges its Customers to assume that all of their on-line communications are insecure. Twelve Horses shall not take any responsibility for the security of information transmitted over Twelve Horses facilities. Twelve Horses will not intentionally monitor private electronic mail messages sent or received by its Customers unless required to do so by law, governmental authority, or when public safety is at stake. Twelve Horses may, however, monitor its service electronically to determine that its facilities are operating. Also, Twelve Horses may disclose information, including but not limited to, information concerning a Customer, a transmission made using Twelve Horses network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Twelve Horses assumes no obligation to inform the Customer that Customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Twelve Horses may disclose Customer information or information transmitted over its network where necessary to protect Twelve Horses and others from harm, or where such disclosure is necessary to the proper operation Twelve Horses.
Twelve Horses expects that its Customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Customer's failure to comply with those laws is a violation of Twelve Horses policy. Finally, Twelve Horses emphasizes that in signing any Twelve Horses service agreement, Customers shall indemnify Twelve Horses for any violation of the service agreement, law, or Twelve Horses policy that results in loss to Twelve Horses or the bringing of any claim against Twelve Horses by any third-party. This means that if Twelve Horses is sued because of a Customer's or Customer of a Customer's activity, the Customer shall pay any damages awarded against Twelve Horses, plus costs and reasonable attorneys' fees. Any questions about this AUP or any complaints about a Customer's violation of this AUP should be sent to sales@twelvehorses.net.
