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WaterWebster.org
Acceptable Use Policy

Scope and Application of Policy

WaterWebster.org maintains this Acceptable Use Policy ("AUP") to provide users of its Services a clear statement of rules and use restrictions that apply to the use of WaterWebster.org’s Services.

This AUP forms an integral part of the Terms of Service that govern your use of WaterWebster.org’s Services. Your compliance with and cooperation in WaterWebster.org’s enforcement of this AUP is an express condition to your continuing contractual rights to use WaterWebster.org’s Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for WaterWebster.org to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of WaterWebster.org’s Services will constitute your acceptance of any changes or additions to this AUP.

This AUP is not intended to address all possible unacceptable uses of WaterWebster.org’s Services. As a result, WaterWebster.org reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as WaterWebster.org deems appropriate in its sole discretion.

Prohibited Uses
YOUR USE OF WATERWEBSTER.ORG’S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. WATERWEBSTER.ORG MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.

WATERWEBSTER.ORG WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, WATERWEBSTER.ORG RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT WATERWEBSTER.ORG TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE WATERWEBSTER.ORG TO INCUR LEGAL FEES OR OTHER EXPENSES.

WATERWEBSTER.ORG MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. WATERWEBSTER.ORG MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.

Lawful Purpose
You may use WaterWebster.org’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use WaterWebster.org’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.

Spamming and Related Activities
WaterWebster.org strictly prohibits your use of WaterWebster.org’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications. Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.

Permission Based Communications
You may use WaterWebster.org’s Services to assist permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using WaterWebster.org’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via WaterWebster.org’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis. In addition to the foregoing general requirements, all permission-based communications sent using WaterWebster.org’s Services must include the following (and you are required to take the corresponding actions set forth below):

  • A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter WaterWebster.org’s Services.)
  • The recipient’s accurate e-mail address in the "to" line and the sender’s accurate e-mail address in the "from" line.
  • A working link to your privacy policy.
  • A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter WaterWebster.org’s Services.)
  • An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your up-to-date mailing address, telephone number and facsimile number.

You are solely responsible for the transmission of all such permission-based communications. WaterWebster.org reserves the right to suspend or terminate your Services in the event WaterWebster.org receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that WaterWebster.org may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.

Copyright Infringement
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All WaterWebster.org customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WaterWebster.org customer (per the DMCA) to WaterWebster.org must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at WaterWebster.org's sole discretion.\

DMCA Copyright Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for WaterWebster.org to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Send the notification via email, or mail to:
legal@waterwebster.org or Publisher, WaterWebster.org, 241 Shyrewood Drive, Lawrenceville, Georgia 30043. The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

WaterWebster.org is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that WaterWebster.org will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that WaterWebster.org must remove, or disable access to, material that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that WaterWebster.org may do so by disabling access to your data posted on WaterWebster.org.

DMCA Counter Notification Requirements:

  • Physical or electronic signature of the Customer (ie., allegedly infringing web site’s owner) or a person authorized to act on the Customer's behalf.
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for WaterWebster.org to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Customer’s name, address, and telephone number(s).
  • A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
  • A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer’s address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).

Email the counter notification to copyright@WaterWebster.org

Violations of Other Intellectual Property Rights
You may not use WaterWebster.org’s Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party. Although WaterWebster.org reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using WaterWebster.org’s Services in a manner that infringes such third party’s intellectual property rights, WaterWebster.org may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide WaterWebster.org with a court order confirming that your activities do not infringe the intellectual property rights of such third party.

Defamation and Harassment
You may not use WaterWebster.org’s Services to defame, harass, abuse, libel, slander or threaten a third party. Complaints about activity in violation of this policy engaged in by WaterWebster.org customers or end users may be directed to abuse@waterwebster.org

Child Pornography
You may not use WaterWebster.org’s Services to disseminate or display images or other content that constitutes child pornography under United States laws. WaterWebster.org applies a zero tolerance policy to the enforcement of this prohibition. WaterWebster.org takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. WaterWebster.org reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that WaterWebster.org may be cooperating with law enforcement or that WaterWebster.org has reported the use of its Services in this manner. For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org. Complaints about activity in violation of this policy engaged in by WaterWebster.org customers or end users may be directed to cp@WaterWebster.org.com.

Disruptive or Abusive Activity
You may not use WaterWebster.org’s Services:

  • to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
  • to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
  • to maintain open mail relays, forward or propagate "chain" mail or mail bomb;
  • to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user’s terminal session;
  • in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
  • to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
  • to hack, subvert, or assist others in hacking or subverting the security or integrity of WaterWebster.org’s Services;
  • to disseminate or display indecent or obscene images or content;
  • to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
  • to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed;and/or in any manner that might potentially subject WaterWebster.org to unfavorable regulatory action, subject WaterWebster.org to any liability for any reason, or adversely affect WaterWebster.org’s public image, reputation, goodwill, business or operations.

United States Export Laws
United States export control laws govern your use of WaterWebster.org’s Services. These laws apply to you and your use of WaterWebster.org’s Services regardless of whether you actually reside in the United States. You may not use WaterWebster.org’s Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use WaterWebster.org’s Services to provide services to end users with whom United States citizens may not do business. For further information about United States export laws, you may visit the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html.

Privacy
WaterWebster.org’s privacy policy may be found at www.waterwebster.org

While WaterWebster.org is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. WaterWebster.org is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of WaterWebster.org.

Effective Date This AUP was last updated on May 31, 2008

 

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