Acceptable Use Policy

Technology Spa has published this Acceptable Use Policy (“AUP”) as part of our overall effort to provide high quality, reliable service to our customers; protect the privacy and security of our customers, systems, and networks; encourage responsible use of Technology Spa and other ISPs’ resources; and comply with applicable laws. This AUP describes the types of uses of the Technology Spa Hosting Service which are contrary to our objectives and which are, therefore, prohibited. To achieve our objectives, Technology Spa may in its sole discretion determine whether a use of the Technology Spa Hosting Service is a violation of this AUP. While it is not Technology Spa’s intent to monitor, control, or censor communications within the Technology Spa Hosting Service, when we become aware of a violation of this AUP, we may take such action as we deem appropriate to address the violation, as referenced below.

This AUP applies to all customers of the Technology Spa Hosting Service. This AUP supplements, but does not supersede, the contracts that customers have with Technology Spa; if such a contract restricts a use of the Technology Spa Hosting Service that is not addressed in this AUP, the contract will govern with respect to such use.

Prohibited Uses

Uses of the Technology Spa Hosting Service described below are prohibited under this AUP. These descriptions are guidelines and are not intended to be exhaustive.

Illegal/Criminal Activity: The Technology Spa Hosting Service may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

Security Violations: The Technology Spa Hosting Service may not be used in connection with attempts – whether or not successful – to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

Technology Spa customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this AUP. Examples include improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

Threats: The Technology Spa Hosting Service may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

Offensive Materials: The Technology Spa Hosting Service may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam: Spam is an unacceptable use of the Technology Spa Hosting Service. Spam includes any of the following activities:

Posting a single message, or messages similar in content, to more than five online forums or newsgroups.
Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
Collecting the responses from unsolicited email.
Sending any unsolicited email that could be expected, in Technology Spa discretion, to provoke complaints.
Sending email with charity requests, petitions for signatures, or any chain mail related materials.
Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
Sending email that does not accurately identify the sender, the sender’s return address, and the email address of origin.
Using Technology Spa facilities to violate another Internet Service Provider’s acceptable use policy and/or terms of service.

Indirect Access

A violation of this AUP by someone having only indirect access to the Technology Spa Hosting Service through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user. As an example, down stream providers are responsible for the actions of customers to whom they provide services operating within the Technology Spa Hosting Service. Technology Spa will address and attempt to resolve complaints about the actions of customers of down stream providers with the down stream provider.

In addition, this policy applies to any email or content transmitted by you or on your behalf which uses an Technology Spa account as a mailbox for responses or promotes content hosted or transmitted using Technology Spa facilities, or which indicates in any way that Technology Spa was involved in the transmission of such email or content.

The resale of Technology Spa products and services is not permitted, unless expressly permitted in a written agreement with Technology Spa.

Consequences

Violations of this AUP may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Technology Spa its sole discretion. When feasible, it is Technology Spa’s preference to give notice so that violations may be addressed voluntarily; however, Technology Spa reserves the right to act without notice when necessary, as determined by Technology Spa its sole discretion. Technology Spa may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this AUP.

Incident Reporting

Any complaints regarding violations of this AUP by a Technology Spa customer should be directed to abuse@www.technologyspa.com. Where possible, include details that would assist Technology Spa investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Revisions to this AUP

Technology Spa may modify this AUP at any time, effective when posted to Technology Spa’s public web site, or as otherwise provided in a written agreement between the customer and Technology Spa covering Hosting Services. Notice may also be provided via electronic mail or regular mail.

Contact Information

Please contact the Technology Spa abuse desk by sending email to abuse@technologyspa.com