| Acceptable Use Policy
Intent and Scope:
The purpose of this Acceptable Use Policy (AUP) is to inform our customers
of our expectations regarding their use of the Internet through the White
Cap Solutions' network resources. This policy is binding on all resellers and end-users of White Cap
Network Resources.
Notice Any Violation(s) of This Acceptable Use Policy Will Result In Immediate Suspension
or Termination of Your Account.
Illegal Use of White Cap Internet:
White Cap neither censors nor precludes any content passing through its network. However,
White Cap will not allow any user to use the White Cap Internet in a manner that is
illegal, or infringes on the rights of others. White Cap will cooperate with legal
authorities in the investigation of any suspected criminal or civil infringements.
The following are examples of unacceptable use:
Fraud:
Fraud is making a knowing misrepresentation or misleading statement, writing or activity
with the intent that the person receiving it will act upon it.
Child Pornography:
[18 U.S.C § 2256] defines child pornography as any visual depiction, including any
photograph, film, video, picture, or computer or computer-generated image or picture,
whether made or produced by electronic, mechanical, or other means, of sexually explicit
conduct, where (A) the production of such visual depiction involves the use of a minor
engaging in sexually explicit conduct; (B) such visual depiction is, or appears to be, of
a minor engaging in sexually explicit conduct; (C) such visual depiction has been created,
adapted, or modified to appear that an identifiable minor is engaging in sexually explicit
conduct; or (D) such visual depiction is advertised, promoted, presented, described, or
distributed in such a manner that conveys the impression that the material is or contains
a visual depiction of a minor engaging in sexually explicit conduct.
Such visual depictions are illegal to possess, produce, receive, transport or distribute
by any means, including computer.
Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights:
The Digital Millennium Copyright Act [17 U.S.C. § 512(c)] sets forth our responsibilities
and duties as an ISP. The act requires us to take down any content on our servers that is
properly alleged to be a copyright infringement, and we can only restore the content upon
receipt of proper counter-notice. To notify us of a suspected infringement please contact
your White Cap Account Manager.
Illegal Software Exportation:
All users must comply with U.S. export laws concerning the transmission of technical data
and other regulated materials via the White Cap Internet (i.e., data encryption software).
This list is representative of prohibited activities and is not all inclusive.
Network Resource Usage:
White Cap will not tolerate any conduct that constitutes invasions of privacy, or
otherwise compromises the security of our users, our Network or its resources. Such acts
include, but are not limited to:
Hacking/Violation of Privacy/Unauthorized Use:
attempting to access the accounts of others;
penetrating or attempting to penetrate security measures of other computer systems,
whether or not the intrusion results in corruption or loss of data;
actual or attempted unauthorized entry and/or use of another company’s and/or
individual’s computer system.
This list is representative of prohibited activities and is not all inclusive of future
violations. Any of the above acts, or similar acts will result in immediate termination of
your service.
Abusive E-mail:
E-mailing in bulk, whether solicited or unsolicited, is prohibited. Sending unsolicited
commercial E-mail (UCE) to multiple recipients, or any other activities that negatively
impacts our mail system’s performance will not be tolerated. Examples of prohibited
behavior include:
Posting of messages to newsgroups that is irrelevant or blanket posting/cross-posting of
messages to multiple newsgroups;
Malicious impediments to another person’s use of electronic mail services or news
media (e.g. Mail Bombing);
Forging any message header, in part or whole, originating or passing through the White Cap
Internet;
Ponzi Schemes, Chain letters, or Pyramid Schemes;
Network Resource Abuse:
The following are prohibited:
Intentional distributions of software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems;
Use of software or any device that would facilitate a continued connection with the White
Cap server(s), including, but not limited to pinging.
This list is representative of prohibited activities and is not all
inclusive of future violations. White Cap has a zero-tolerance for E-mail
and Network resource violations. Furthermore:
- You may only use your account for one log-on session per connection
type at a time. You may not use more than one IP address for each log-on
session.
- You may not use the Dial-up Service to host any type of server,
personal or commercial in nature.
Violators’ accounts will be promptly terminated without notice.
Third Party Liability:
All White Cap subscribers and any third parties using their White Cap account(s) are
responsible and accountable for any activity that violates this Acceptable Use Policy.
This list is representative of prohibited activities and is not all inclusive of future
violations.
Disclaimer:
White Cap does not assume liability for our subscribers’ violation(s) of this policy.
White Cap reserves the right to make changes to this policy with or without prior notification to
subscribers.
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Email Policy
NOTICE
Any Violation(s) of This
E-Mail Policy Will Result In Immediate Suspension or Termination of Your Account.
E-Mail Abuse [
]:
White Cap maintains a zero tolerance for Spam. Spam is the Internet equivalent to junk
mail or unwelcome telemarketers’ calls. Whether solicited or not, bulk e-mailings
cause tremendous strain on our Network resources. Some courts have even held Spam to be an
illegal trespass to an Internet Service Provider’s property. In Internet culture
(Netiquette), sending Spam is fiercely frowned upon. In fact, if we don’t strictly
monitor it, our upstream Internet access providers will disconnect us from the Internet
for allowing Spam to be passed through our Network. Spam costs all ISPs - including White
Cap - and those additional costs ultimately translate into either increased access costs
for you, or in degraded Internet access service. Neither of these is desirable for White
Cap. For these reasons, we prohibit all forms of e-mail abuse, including, but not limited
to, the following:
Unsolicited E-Mail:
Posting of messages to newsgroups that is irrelevant or blanket posting of messages to
multiple newsgroups, or distributing, via our Internet e-mail servers, chain letters or
"junk" e-mail or unsolicited e-mail of a business or commercial nature;
Mail Bombing/Flaming/Harassing E-mail:
Malicious impediments to another person’s use of their electronic mail services or
news media by sending them e-mail numerous times in succession (e.g. Mail Bombing); any
mail that is sent to another that is annoying, harassing, threatening, or otherwise
malicious;
Fraudulent E-Mail:
Forging any message header, in part or whole, originating or passing through the White Cap
Internet.
Please Remember That You May Become the Target of Spam as a Result of Electronically
Registering a Product, Signing Up For Product Updates or Otherwise Opting in to an E-Mail
list.
E-Mail Aliases:
An e-mail alias is the name before the @ in your email address (e.g.
yourname@ewhitecap.com). The primary e-mail alias may also be used as your log-in name. The
aliases are issued to you by White Cap, and are the sole property of White Cap. When you
are assigned your e-mail alias(es), you are given non-transferable, limited license(s) to
use the alias(es) for so long as you keep active the White Cap Internet account(s)
associated with the subject alias(es). White Cap will not issue an e-mail alias that
clearly infringes on another’s trade or service mark. We reserve the right to revoke
or rescind any email alias issued to you, if after it is issued to you, we become aware
that it may be an infringement. If you surrender the use of an e-mail alias back to White
Cap, we are not obligated to hold it for you. Upon surrender, we may impose a 180-day
internal hold on the alias before it is made available to White Cap Internet users.
E-Mail Storage and Retention:
We recommend that you set up your e-mail client (i.e. Outlook Express) to remove e-mail
messages from our mail server when they are retrieved. However, if you elect to store your
read e-mail on our servers, there is a 10-megabyte (MB). We will
periodically purge all
messages from our server if the total of messages exceed 10 MB. Web Hosting
accounts are excepted.
Billing,
Payment and Termination
White Cap
Internet Billing:
White Cap Internet bills accounts at a flat rate of $9.95 per month.
Monthly fees are not pro-rated. Accounts are invoiced monthly via email.
Invoices are sent to the primary email billing address. Failure to receive
an invoice does not constitute a waiver in fees.
White Cap Internet Payment:
White Cap Internet accepts the following forms of payment:
- Visa
-
MasterCard
- PayPal
- Cash
- Check
(Personal and Business)
- Money
Order
White Cap
Internet charges $25.00 for all returned checks.
White Cap
Internet Termination:
White Cap Internet requires no commitment. However, active accounts
requires notice of termination. Unless, White Cap Internet is notified of
your intent to discontinue, terminate or otherwise cancel service, you are
responsible of all charges in connection with your account, including the
cost of collection. Cancellations and Terminations should be made at the
following URL:
(http://whitecapcomputer.com/supportweb/cancel_my_account.htm).
FAILURE TO PAY YOUR MONTHLY INVOICE MAY NOT AUTOMATICALLY CANCEL OR
TERMINATE YOUR ACCOUNT.
Other
White Cap Services:
White Cap provides other services which includes both subscription based and
fee based services and products. Such services are invoiced in according to
the agreement, whether stated verbally or in writing, at the time services
are provided. Users are responsible for full payment of all invoices,
including but not limited to the cost of collection.
Legal
North Carolina Law shall prevail in all disputes.
You agree to defend,
indemnify and hold harmless White Cap Solutions, White Cap Computer and/or
White Cap Internet from and against all liabilities, costs and expenses,
including reasonable attorney's fees, related to or arising from: (a) any
violation of applicable laws, regulations or this Agreement by you (or any
parties who use your account, with or without your permission, to access the
Service); (b) the use of the Service or the Internet or the placement or
transmission of any message, information, software or other materials on the
Internet by you (or any parties who use your account, with or without your
permission, to access the Service); (c) negligent acts, errors, or omissions
by you (or any parties who use your account, with or without your
permission, to access the Service); (d) injuries to or death of any person
and for damages to or loss of any property, which may in any way arise out
of or result from or in connection with this Agreement, except to the extent
that such liabilities arise from the active negligence or willful misconduct
of the other party; or (e) claims for infringement of any intellectual
property rights arising from the use of the Service, Software, or the
Internet. |