As a provider of web site hosting, and other Internet-related services, NissR offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. NissR respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, NissR reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, NissR 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 NissR’s services. This AUP will be revised from time to time. A customer's use of NissR’s after changes to the AUP are posted on NissR’s web site, www.nissr.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. Visit our Terms & Conditions page for further information regarding our policies.
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 to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that NissR does not review, edit, censor, or take responsibility for any information its clients 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 NissR’s network and may reach a large number of people, including both clients and non-clients of NissR, clients' postings to the Internet may affect other clients and may harm NissR’s goodwill, business reputation, and operations. For these reasons, clients violate NissR policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward NissR, but also because it can overload NissR's network and disrupt service to NissR clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NissR has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. NissR is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NissR’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material". However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why NissR has been forced to create its no adult sites policy for its virtual server users.
What does NissR consider "Adult Material?"
NissR reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
Why does NissR have this policy?
Bandwidth Resources. A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Using NissR’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
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" and/or "cracking"). 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).
Background Daemons in general are prohibited on NissR servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
NissR will be the sole arbitor of what consitutes a violation of the above policy.
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.
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 encryption software over the Internet or otherwise, to points outside the United States.
NissR reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in 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.
Engaging in activities, whether lawful or unlawful, that NissR determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. NissR will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with NissR policy or applicable law. When NissR 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.
NissR 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, NissR urges its clients to assume that all of their on-line communications are insecure. NissR cannot take any responsibility for the security of information transmitted over NissR’s facilities.
NissR will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. NissR may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NissR may disclose information, including but not limited to, information concerning a client, 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. NissR assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, NissR may disclose client information or information transmitted over its network where necessary to protect NissR and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including NissR and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to us.