Commerce Blvd Accepted Uses & Practices
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Introduction 
It is important to remember that while no one specifically governs the Internet, all Internet users are responsible for behaving in a manner that will not hinder its use by other individuals. Preventing unruly behavior online will ensure that the Internet can remain a useful and safe tool for all users.  With this in mind, our Customers should recognize that any negativity resulting in actions against fellow Internet users, may often result in negativity toward Commerce Blvd. For this reason, we have imposed certain policies to regulate the use of our services and network. Any violation of these policies may result in negative consequences for the offending customer and the accounts they currently hold with Commerce Blvd (including single or multiple violations). All Customers are responsible for becoming familiar with these policies by signing up with any of our services.

In order to facilitate their contractual relationship the Customer and Commerce Blvd wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet. The following are descriptions of these principles and policies.

Responsibility and Respect
The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities.

a)    Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b)    Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited. See also “Spamming”.

c)    Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortoise interference, and export of technical or military data to prohibited countries.

d)    Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet. Commerce Blvd cannot monitor or guarantee information Customer acquires or advertises.

e)    Security - The Customer is required to protect the security of its Internet account and usage. The Customer's password will be treated as private and confidential and not disclosed to or shared with any third parties. Violations of system or network security are prohibited, and may result in criminal and civil liability. Commerce Blvd will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

a.    Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

b.    Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

c.    Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

d.    Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

f)    Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g)    Pornography - Commerce Blvd allows the presence of adult content on its servers, however we adhere to U.S. laws and regulations regarding adult-related material of any nature.  It is the responsibility of the web site owner to comply with all local and federal laws regarding pornography.

h)    Excessive CPU usages - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. Commerce Blvd will act accordingly if it believes that an account is utilizing excessive CPU resources and may affect other Customer accounts on its servers.

i)    Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is not only harmful because of its negative impact on consumer attitudes toward Commerce Blvd, but also because it can overload Commerce Blvd’s network and disrupt service to Commerce Blvd customers.
Commerce Blvd stresses this policy on users of its SMTP services, and will practice “zero tolerance” for SPAM abuse that has utilizes its SMTP resources. This policy is NOT limited to abuse on SMTP services; other indications of Commerce Blvd-related resources found in SPAM include (but are not limited to): advertisement of URL representing a current Commerce Blvd web hosting account, mentions of an email address on Commerce Blvd’s network, mentions of Commerce Blvd or its services or programs, use of Affiliate Program tools to send SPAM email to unsuspecting parties.

It is the responsibility of the Customer to recognize the risks involved with mass email practices, including the use of purchased mailing lists. All complaints received regarding possible SPAM will be considered in a serious manner and will be addressed as Commerce Blvd deems necessary. When a SPAM complaint is received, Commerce Blvd has the discretion to determine from all of the evidence whether the complaint is legitimate or if the complaint is invalid. Despite whether a Customer claims to be utilizing legitimate mailing list resources or opt-in methods, Commerce Blvd cannot be responsible for arguing against a complaint in the Customer’s favor. Commerce Blvd redeems the right to take any actions necessary to prevent future negativity directed at its network.

j) Outgoing/SMTP Services - Commerce Blvd offers the use of its password authenticated SMTP service to current Web Hosting Customers. The Customer must recognize the responsibility of using this service in a cautious and secure manner, including selecting strong POP email password which may not be compromised by mistrusted parties. If a Customer's SMTP service has been compromised in any way or is resulting in misuse by another party, Commerce Blvd may immediately disable use of this service as it deems necessary.

Responsibility to Comply with this Agreement - The responsibility for avoiding the harmful activities described here rests primarily with the Customer. Commerce Blvd will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Commerce Blvd policy or applicable law. When Commerce Blvd 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 or its web space, implementing screening software designed to block offending transmissions, denying access to a particular account or service, or take any other action Commerce Blvd deems appropriate. As mentioned above, all Commerce Blvd Customers must abide by these terms when acquiring service from Commerce Blvd.