Online Conduct Policy
As a provider of web site hosting, internet access, and other internet-related services, Grapevine IT offers its customers and subscribers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Grapevine IT respects that the internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Grapevine IT reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Grapevine IT has developed an On-Line Conduct Policy (OCP), 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 Grapevine IT's services.
This OCP will be revised from time to time. A customer's use of Grapevine IT's services after changes to the OCP are posted on Grapevine IT's web site, www.grapevineit.net, will constitute the customer's acceptance of any new or additional terms of the OCP that result from those changes.
No one party owns or controls the internet. When subscribers obtain information through the internet, they must keep in mind that Grapevine IT cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. Because Grapevine IT cannot monitor or censor the internet, and will not attempt to do so, Grapevine IT cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal internet communications.
Grapevine IT 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 Grapevine IT's network and may reach a large number of people, including both subscribers and non-subscribers of Grapevine IT, subscribers' postings to the internet may affect other subscribers and may harm Grapevine IT's business reputation and operations. The following activities are prohibited:
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 Grapevine IT, but also because it can overload Grapevine IT's network and disrupt service to Grapevine IT subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Grapevine IT has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
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. Grapevine IT is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is Grapevine IT's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials - Using Grapevine IT's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Grapevine IT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Grapevine IT's network.
Defamatory or Abusive Language - Using Grapevine IT'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, 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.
Facilitating a Violation of this OCP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this OCP, 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 - Grapevine IT reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the OCP.
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 Grapevine IT determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Grapevine IT will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Grapevine IT policy or applicable law. However, when Grapevine IT becomes aware of harmful activities 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.
Grapevine IT anticipates that customers and subscribers will cooperate with Grapevine IT in any corrective or preventive action that Grapevine IT deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Grapevine IT policy.
Grapevine IT 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, Grapevine IT urges its subscribers to assume that all of their on-line communications are insecure. Grapevine IT cannot take any responsibility for the security of information transmitted over Grapevine IT's facilities.
Grapevine IT 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. Grapevine IT may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Grapevine IT 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. Grapevine IT 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. Finally, Grapevine IT may disclose subscriber information or information transmitted over its network where necessary to protect Grapevine IT and others from harm, or where such disclosure is necessary to the proper operation of the system.
Finally, Grapevine IT wishes to emphasize that in signing the service agreement, subscribers indemnify Grapevine IT for any violation of the service agreement, law, or Grapevine IT policy, that results in loss to Grapevine IT or the bringing of any claim against Grapevine IT by any third-party. This means that if Grapevine IT is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Grapevine IT, plus costs and legal fees.
Any complaints about a subscriber's violation of this OCP should be sent to abuse@grapevineit.net