Acceptable Use Policy
Scope and Application of Policy
Wolfpaw Hosting LLC maintains this Acceptable Use Policy ("AUP") to
provide users of its Services (as such term is defined in the Terms
of Service located at http://www.wpcomp.com/legal/TOS.html
for purposes of this AUP, the term "Services" shall also be deemed to
include Wolfpaw’s various systems and network) with a clear statement
of rules and use restrictions that apply to the use of Wolfpaw’s Services.
This AUP forms an integral part of the Terms of Service that govern
your use of Wolfpaw’s Services. Your compliance with and cooperation
in Wolfpaw’s enforcement of this AUP is an express condition to your
continuing contractual rights to use Wolfpaw’s Services. This AUP also
applies to your employees, agents, contractors and end users. The evolving
nature of the Internet and on-line commerce makes it necessary for Wolfpaw
to reserve the right to make changes to this AUP at any time. You agree
that any changes will be effective when posted on-line at this location
and that your continued use of Wolfpaw’s Services will constitute your
acceptance of any changes or additions to this AUP. You may determine
the date of posting at the Effective Date section at the end of this
AUP.
This AUP is not intended to address all possible unacceptable uses of
Wolfpaw’s Services. As a result, Wolfpaw reserves complete discretion
to determine what constitutes an unacceptable use of its Services and
reserves the right to suspend or terminate your Services, or take such
other action as Wolfpaw deems appropriate in its sole discretion.
Prohibited Uses
YOUR USE OF WOLFPAW’S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING
PROVISIONS. WOLFPAW MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES,
IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY
THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS
OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE
IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN
ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF
THIS AUP.
WOLFPAW WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN
YOU AND A THIRD PARTY. CONSEQUENTLY, WOLFPAW RESERVES THE RIGHT, IN
ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES
UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED
IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT WOLFPAW
TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE WOLFPAW TO INCUR LEGAL
FEES OR OTHER EXPENSES.
WOLFPAW MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT
NOTICE TO YOU AND YOUR END USERS. WOLFPAW MAY ALSO REPORT YOUR ACTIVITIES
TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
- Lawful Purpose
You may use Wolfpaw’s Services only for lawful purposes. You may
not transmit, store or present any information, software, data,
file or material in violation of any applicable law or regulation.
You may not use Wolfpaw’s Services to facilitate, or otherwise assist
in, the violation of any law or regulation.
- Spamming and Related Activities
Wolfpaw strictly prohibits your use of Wolfpaw’s Services to transmit
SPAM or to host a site that is advertised or announced via SPAM.
"SPAM" is any form of unsolicited advertisement or informational
announcement that is transmitted, whether singularly or in bulk,
via any Internet-based communications medium including, but not
limited to, Microsoft Messenger Service; Chat Programs such as AIM,
YIM and MSN; e-mail, Internet facsimile, Internet phone, instant
and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil
liability to third parties and to criminal penalties.
- Permission Based Communications
You may use Wolfpaw’s Services to transmit permission-based communications
for purposes of marketing your goods and services, provided that
you otherwise comply with the standards set out in this AUP and
all applicable laws including, but not limited to, the CAN-SPAM
Act. All marketing conducted using Wolfpaw’s Services must be permission
(opt-in) based. You must keep adequate and verifiable records to
prove that your marketing is strictly permission-based. In addition,
should you purchase mailing lists or other types of data that are
to be used to contact third parties via Wolfpaw’s Services, you
must verify that the lists have been compiled on a strict "opt-in"
basis.
In addition to the foregoing general requirements, all permission-based
communications sent using Wolfpaw’s Services must include the following
(and you are required to take the corresponding actions set forth
below):
- A working "unsubscribe" link. (You must honor
all unsubscribe requests within 72 hours from the time they
enter Wolfpaw’s Services.)
- The recipient’s accurate e-mail address in the
"to" line and the sender’s accurate e-mail address in the "from"
line.
- A working link to your privacy policy.
- A working "abuse" address and/or link. (You
must answer all complaints forwarded to this address within
72 hours from the time they enter Wolfpaw’s Services.)
- An up-to-date website that corresponds with
the domain portion of the response e-mail. Your website must
conspicuously display your up-to-date mailing address, telephone
number and facsimile number.
You are solely responsible for the transmission of all such permission-based
communications. Wolfpaw reserves the right to suspend or terminate
your Services in the event Wolfpaw receives an excessive number
of complaints related to your permission-based communications, whether
such complaints are made by parties whom "opt-in" or otherwise.
You agree that Wolfpaw may determine what constitutes an excessive
number of complaints in its sole and exclusive discretion.
- Copyright Infringement
You may not use Wolfpaw’s Services in any manner that infringes
upon the rights of a third party under federal and foreign copyright
laws.
Wolfpaw is registered with the United States Copyright Office pursuant
to the Digital Millennium Copyright Act ("DMCA"). If a copyright
owner believes in good faith that Wolfpaw is the hosting provider
of material that infringes that copyright, the copyright owner may
submit a written notification of claimed infringement to Wolfpaw’s
designated copyright agent:
By Mail:
Copyright Agent
Wolfpaw Hosting LLC
18 Cherry Street
Tenafly , New Jersey 07670
By E-mail:
copyrightl@wpcomp.com
PLEASE NOTE: The designated copyright agent is appointed solely
for the purpose of receiving notices of copyright claims submitted
pursuant to the DMCA. No other notices or communications should
be forwarded to the designated copyright agent.
The DMCA contains very specific guidelines as to what proper notification
of claimed infringement must contain. Copyright owners may obtain
a copy of the DMCA, including these guidelines, by visiting the
web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Wolfpaw is not required to respond to notices that do not meet the
requirements of the DMCA. Copyright owners should be aware that
there are substantial penalties for false claims and that Wolfpaw
will actively refer complainants who use the DMCA for improper purposes
to relevant law enforcement agencies.
In the event that Wolfpaw must remove, or disable access to, material
on your web site that is alleged to infringe another’s copyright
under the DMCA, you acknowledge and agree that Wolfpaw may do so
by disabling access to your entire web site.
- Violations of Other Intellectual Property Rights
You may not use Wolfpaw’s Services in any manner that infringes
or misappropriates any other intellectual property rights of a third
party including, but not limited to, trademarks, trade names, trade
dress, logos, domain names, patents, trade secrets and other proprietary
rights of a third party.
Although Wolfpaw reserves the right to suspend or terminate your
Services upon its receipt of a third party claim that alleges that
you are using Wolfpaw’s Services in a manner that infringes such
third party’s intellectual property rights, Wolfpaw may, in its
sole and exclusive discretion, allow you to continue use of its
Services provided that you confirm in a timely manner that you have
discontinued the allegedly infringing activities or provide Wolfpaw
with a court order confirming that your activities do not infringe
the intellectual property rights of such third party.
- Defamation and Harassment
You may not use Wolfpaw’s Services to defame, harass, abuse, libel,
slander or threaten a third party.
Complaints about activity in violation of this policy engaged in
by Wolfpaw customers or end users may be directed to abuse@wpcomp.com.
- Child Pornography
You may not use Wolfpaw’s Services to disseminate or display images
or other content that constitutes child pornography under United
States laws.
Wolfpaw applies a zero tolerance policy to the enforcement of this
prohibition. Wolfpaw takes an active role in cooperating with law
enforcement officials in their efforts to prosecute violations of
statutes that prohibit the dissemination of child pornography. Wolfpaw
reports the use of its Services to disseminate or display child
pornography as required by law. You will not be notified that Wolfpaw
may be cooperating with law enforcement or that Wolfpaw has reported
the use of its Services in this manner.
For further information about child pornography, you may visit the
web site of the National Center for Missing and Exploited Children
at www.ncmec.org.
Complaints about activity in violation of this policy engaged in
by Wolfpaw customers or end users may be directed to abuse@wpcomp.com.
- Disruptive or Abusive Activity
You may not use Wolfpaw’s Services:
- to forge, misrepresent, omit, or delete message
headers, return mailing information and/or Internet Protocol
addresses to conceal or misidentify the origin of a message;
- to create or transmit any Internet virus, worm,
Trojan horse or computer code intended to disrupt services,
destroy data, destroy or damage equipment, or disrupt the operations
of the Services;
- to maintain open mail relays, forward or propagate
"chain" mail or mail bomb;
- to engage in denial of service attacks including,
but not limited to transmitting packets with an illegal packet
size, UDP flooding, ping-flooding, half-open TCP connection
flooding and any other use, or otherwise interfere with an Internet
user’s terminal session;
- in a manner that encumbers or utilizes disk
space, processors or other system requirements beyond those
allowed by your specific account;
- to establish, create or otherwise make available
any Internet Relay Chat (IRC) server;
- to hack, subvert, or assist others in hacking
or subverting the security or integrity of Wolfpaw’s Services;
- to disseminate or display indecent or obscene
images or content;
- to disseminate offensive or hate speech;
- to solicit information that is considered to
be confidential, such as passwords or credit card information,
or to crack passwords or to defraud third parties into releasing
their passwords;
- to solicit or facilitate the performance of
any illegal activity, even if the activity itself is not performed;
and/or
- in any manner that might potentially subject
Wolfpaw to unfavorable regulatory action, subject Wolfpaw to
any liability for any reason, or adversely affect Wolfpaw’s
public image, reputation, goodwill, business or operations.
- United States Export Laws
United States export control laws govern your use of Wolfpaw’s Services.
These laws apply to you and your use of Wolfpaw’s Services regardless
of whether you actually reside in the United States.
You may not use Wolfpaw’s Services for any purpose that violates
these laws, which may include the sale of products that may be legal
to sell in the United States, but illegal to export. You may not
use Wolfpaw’s Services to provide services to end users with whom
United States citizens may not do business.
For further information about United States export laws, you may
visit the United States government’s portal to exporting and trade
services at http://www.export.gov/exportcontrols.html.
- Privacy
Wolfpaw’s privacy policy may be found at http://www.wpcomp.com/legal/privacy-policy.html.
While Wolfpaw is concerned with the privacy of on-line communications
and websites, the Internet is no more secure than other means of
communications. You should assume that all on-line communications
are insecure. Wolfpaw is not responsible for the security of any
information transmitted over its Services, unless it has expressly
agreed to do so. Such an agreement must be in writing and signed
by an authorized officer of Wolfpaw.
- IP Addresses
In connection with your use of Wolfpaw’s Services, you may only
use IP addresses that are assigned to you by Wolfpaw. If you use
IP addresses that are not assigned to you by Wolfpaw, Wolfpaw will
suspend your Services from network access until such time as the
IP address overlap is corrected. Wolfpaw owns all IP addresses that
may be assigned to you by Wolfpaw. Wolfpaw may, in its sole discretion,
change these numbers from time to time without notice to you.
- Certain Restrictions Applicable to Shared Customers
If you are the registered owner of an Wolfpaw shared account:
Your Services may not be transferred or used by anyone other than
you. You may not sell, lease or assign the Services or any part
of the Services to any party not named in Wolfpaw’s records. You
may allow ftp access and host websites for your end customers without
violating this AUP.
When you utilize an excessive amount of system resources, Wolfpaw
reserves the right to place CPU process limits on your account to
prevent disruption of Wolfpaw Services to other customers. Wolfpaw
reserves sole discretion to determine what constitutes excessive
usage of system resources.
- Certain Restrictions Applicable to Dedicated Customers
If you are the registered owner of an Wolfpaw dedicated account:
You are solely responsible for any breaches of security affecting
servers under your control. If your server is involved in an attack
on another server or system, it may be shut down and Wolfpaw may
launch an investigation to determine the cause and source of the
attack. In such an event, you are responsible for all costs to rectify
any damage done to your server and any other requirement affected
by the security breach. You acknowledge and agree that Wolfpaw will
not be liable to you or your end users for any loss or corruption
of data or information, inability to access the Internet or Wolfpaw’s
Services or inability to transmit or receive information as a result
of any actions taken by Wolfpaw in response to such security breaches.
This foregoing sentence may not be construed to diminish or amend
any limitations of liability, or restrict the applicability of such
limitations, as to Wolfpaw that are set forth in the Terms of Service
or any other agreement between you and Wolfpaw.
No Credits or Refunds
for Suspension and/or Termination of Services
Wolfpaw does not issue credits or refunds for outages incurred as a
result of its decision to suspend or terminate its Services for a violation
of this AUP. You agree to indemnify, defend and hold harmless Wolfpaw
from any claims by your end users and any third party that they have
been damaged by reason of such suspension or termination of Wolfpaw’s
Services.
Monitoring of Services; Cooperation with Law
Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated
or posted using Wolfpaw’s Services comply with this AUP and all applicable
laws and regulations. Wolfpaw does not review, edit, censor or take
responsibility for any information you, other customers or your end
users may create.
Wolfpaw may disclose information, including information that you may
consider confidential, in order to comply with a court order, subpoena,
summons, discovery request, warrant, regulation or governmental request.
Wolfpaw assumes no obligation to inform you that such information has
been provided and, in some cases, may be prohibited by law from providing
you with notice.
On occasion, Wolfpaw may have a need to communicate with you about issues
that relate to billing, service changes, additions and modifications
to its Services. Wolfpaw may choose the method of such communication
in its sole discretion. The preferred method of communication is via
e-mail.
It is your responsibility to provide and check the account and contact
information, including a required valid e-mail address, that you provided
to Wolfpaw during the sign-up process. It is your responsibility to
inform Wolfpaw promptly of any changes to your account or contact information.
Wolfpaw has no responsibility for communications that are misdirected
as a result of your failure to provide Wolfpaw with updated contact
information.
Effective Date
This AUP was last updated on October 29, 2018.
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