Acceptable Use Policy
As a provider of file hosting and other Internet-related services, FileSmelt offers its users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. FileSmelt respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, FileSmelt reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, FileSmelt 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 using FileSmelt' services. This AUP will be revised from time to time.
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 it, both in the information they acquire and in the information they disseminate to others. When users obtain information through the Internet, they must keep in mind that FileSmelt cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because FileSmelt cannot monitor or censor the Internet, and will not attempt to do so, FileSmelt cannot accept any responsibility for injury to its users resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When users disseminate information from the Internet, they must keep in mind that FileSmelt does not review, edit, censor or take responsibility for any information its users 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 created is carried over FileSmelt' network and may reach a large number of people, including both users and non-users of FileSmelt, subscribers' postings to the Internet may affect other subscribers and may affect FileSmelt' goodwill, business, reputation or operations. For these reasons, subscribers violate FileSmelt policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
PornographyUsing FileSmelt' network to advertise, transmit, store, post, display, or otherwise make available pornography is prohibited. FileSmelt is required to remove any found instances of pornography and repeat offenders may be subject to banishment from FileSmelts' services.
Child PornographyUsing FileSmelt' network to advertise, transmit, store, post, display, or otherwise make available child pornography is prohibited. FileSmelt is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing 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.
Facilitation a Violation of this AUPAdvertising, 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, mail bombing, denial of service attacks and piracy of software.
Other Illegal ActivitiesEngaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other ActivitiesEngaging in activities, whether lawful or unlawful, that FileSmelt determines to be harmful to its users, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the user. FileSmelt will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with FileSmelt' policy or applicable law. However, when FileSmelt becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, implementing screening software designed to block offending transmissions, or any other action deemed appropriate by FileSmelt.
FileSmelt will not intentionally monitor private files sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. FileSmelt may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, FileSmelt may disclose information, including, but not limited to, information concerning a user, 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. FileSmelt assumes not obligation to inform the user that user information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, FileSmelt may disclose user information or information transmitted over its network where necessary to protect FileSmelt and others from harm, or where such disclosure is necessary to the proper operation of the system. However, FileSmelt will never sell information to other services or outside companies.
FileSmelt expects that its users will comply fully with all applicable laws concerning the privacy of online communications. A user's failure to comply with those laws will violate FileSmelt policy. Finally, FileSmelt wishes to emphasize that, by using FileSmelt's services, users indemnify FileSmelt for any violation of the Service Agreement, law or FileSmelt policy resulting in loss to FileSmelt or the bringing of any claim against FileSmelt by any third party. This means that, if FileSmelt is sued because of a user's activity, the subscriber will be responsible for payment of any damages awarded against FileSmelt, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including FileSmelt and its users, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org.