TMW Systems respects the position that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, TMW Systems reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, TMW Systems 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 TMW Systems's services. This AUP will be revised from time to time. A customer's use of TMW Systems's services after changes to the AUP are posted on TMW Systems's Web site, www.tmwsystems.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
An 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, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that TMW Systems cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 is sexually explicit or otherwise offensive. Because TMW Systems cannot monitor or censor the Internet, and will not attempt to do so, TMW Systems cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that TMW Systems does not review, edit, censor, or take responsibility for any information its subscribers 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 TMW Systems's network and may reach a large number of people, including both subscribers and non-subscribers of TMW Systems, subscribers' postings to the Internet may affect other subscribers and may harm TMW Systems's goodwill, business reputation, and operations. For these reasons, subscribers violate TMW Systems policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet. It is harmful not only because of its negative impact on consumer attitudes toward TMW Systems, but also because it can overload TMW Systems's network and disrupt service to TMW Systems subscribers. Also, maintaining an open SMTP email relay is prohibited. When a complaint is received, TMW Systems has the discretion to determine from the evidence whether the email recipients were from an "opt-in" email list. A person that transmits an electronic mail advertisement shall include in such transmission:
(a) The person's name and complete residence or business address and the electronic mail address of the person transmitting the electronic mail advertisement;
(b) A notice that the recipient may decline to receive from the person transmitting or causing to be transmitted the electronic mail advertisement any additional electronic mail advertisements and a detailed procedure for declining to receive any additional electronic mail advertisements at no cost. The notice shall be of the same size of type as the majority of the text of the message and shall not require that the recipient provide any information other than the receiving address.
(c) If the recipient of an electronic mail advertisement uses the procedure contained in the notice described in (b) of this section to decline to receive any additional electronic mail advertisements, the person that transmitted or caused to be transmitted the original electronic mail advertisement, within a reasonable period of time, shall cease transmitting or causing to be transmitted to the receiving address any additional electronic mail advertisements.
Intellectual Property Violations -- 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. TMW Systems is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also TMW Systems's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using TMW Systems's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. TMW Systems is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through TMW Systems's network.
Defamatory or Abusive Language -- Using TMW Systems's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- 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"). 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).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- 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.
Facilitating a Violation of this AUP -- 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.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups -- TMW Systems reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- 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.
Other Activities -- Engaging in activities, whether lawful or unlawful, that TMW Systems determines to be harmful to its subscribers, operations, and reputation, goodwill, or customer relations.
Responsibility for avoiding the harmful activities described rests primarily with the subscriber. TMW Systems will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with TMW Systems policy or applicable law. When TMW Systems 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.
TMW Systems is aware that many of its subscribers are also providers of Internet services, and that information reaching TMW Systems's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. TMW Systems does not require its subscribers who offer Internet services to monitor or censor transmissions or Web sites created by customers of its subscribers. TMW Systems reserves the right to take action directly against a customer of a subscriber. Also, TMW Systems may take action against the TMW Systems subscriber due to activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, TMW Systems anticipates that subscribers who offer Internet services will cooperate with TMW Systems in any corrective or preventive action that TMW Systems deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of TMW Systems policy.
TMW Systems 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, TMW Systems urges its subscribers to assume that all of their on-line communications are insecure. TMW Systems cannot take any responsibility for the security of information transmitted over TMW Systems's facilities.
TMW Systems will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. TMW Systems may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, TMW Systems may disclose information, including but not limited to, information concerning a subscriber, 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. TMW Systems assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. TMW Systems may disclose subscriber information or information transmitted over its network where necessary to protect TMW Systems and others from harm, or where such disclosure is necessary to the proper operation of the system.
TMW Systems expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate TMW Systems policy. Finally, TMW Systems wishes to emphasize that in signing the service agreement, subscribers indemnify and hold TMW Systems harmless, for any violation of the service agreement, law, or TMW Systems policy that results in loss to TMW Systems or the bringing of any claim against TMW Systems by any third-party. This means that if TMW Systems is sued because of a subscriber's activity, or the activity of a customer of a subscriber, the subscriber will be responsible for any damages awarded, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including TMW Systems and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.
TMW Systems Incorporated respects the privacy of users who visit each of the sites within the TMW Systems network. No effort is made to identify individuals without their knowledge. The following policies are in effect for all of the Web pages owned and operated by TMW Systems. (The TMW Systems Network includes all sites constructed and/or hosted by TMW Systems)
When a visitor requests pages at any TMW Systems site, our Web servers automatically recognize the browser's domain name, and IP address. Our servers do not record e-mail addresses. We collect the domain names and IP addresses in order to aggregate information on what pages users access or visit. This information is collected solely for statistical purposes and is not used to identify individuals.
From time to time, our clients may ask users to provide their e-mail address or mailing address for the purpose of a survey or to provide additional services. Whenever the identity of a visitor is recorded, we will clearly indicate the purpose of the request before the information is requested. If you choose to supply your postal address in an online form, you may receive mailings from other reputable companies.
From time to time, TMW Systems or its client sites may send a cookie to your computer. This information is collected for statistical purposes and site functionality and is not used to identify individuals.
Your e-mail address will not be sold to a third party if you sign up for one of our e-newsletters or discussion lists.
Should you wish to discontinue the receipt of any e-correspondence from TMW please notify firstname.lastname@example.org. TMW will remove your name from the correspondence list within 15 business days.