As a provider of web site hosting, and other Internet-related services, Switch Sites offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Switch Sites respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Switch Sites reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Switch Sites 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 Switch Sites's services. This AUP will be revised from time to time. A customer's use of Switch Sites's services after changes to the AUP are posted on Switch Sites's web site, www.switchsites.com, which will automatically constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 Switch Sites 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 Switch Sites's network and may reach a large number of people, including both clients and non-clients of Switch Sites's services, clients' postings to the Internet may affect other clients and may harm Switch Sites's goodwill, business reputation, and operations. For these reasons, clients violate Switch Sites's policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Spamming
• Intellectual Property Violations
• Adult Material
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Usenet Groups
• Other Illegal Activities
• Other Activities

Spamming

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 Switch Sites, but also because it can overload Switch Sites's network and disrupt service to Switch Sites's clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Switch Sites has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more informtion.
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. Switch Sites is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Switch Sites's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material

Adult content is allowed on our hosting services provided that the adult site follows all applicaple laws and regulations and other provisions in these hosting agreements. All adult web sites which use Switch Sites Services will be subject to a surcharge at the discretion of Switch Sites. This will start at $3 and will go higher based on the type of content which is being presented. The surcharge will seperate the adult web site from the rest of the sites on Switch Sites to protect our current clients.

Defamatory or Abusive Language

Using theSwitch Sites 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).

Background Running Programs

Background Daemons in general are prohibited on Switch Sites's servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Switch Sites will be the sole arbitor of what consitutes a violation of the above policy.

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

Switch Sites 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 Switch Sites's 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. Switch Sites will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Switch Sites's policy or applicable law. When Switch Sites 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.

Switch Sites 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, Switch Sites urges its clients to assume that all of their on-line communications are insecure. Switch Sites's cannot take any responsibility for the security of information transmitted over Switch Sites's facilities.

Switch Sites 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. Switch Sites may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Switch Sites 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. Switch Sites 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, Switch Sites may disclose client information or information transmitted over its network where necessary to protect Switch Sites's 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 Switch Sites and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to abuse@switchsites.com.