Policies & Guidelines


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Policies & Guidelines

As an Internet hosting company, 1stChoiceColo.com offers its subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. 1stChoiceColo.com also wants its subscribers to be fully informed of their rights and obligations -- and those of 1stChoiceColo.com -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Services Agreement"), is intended as a plain English guide to those rights and obligations.

The fundamental fact about the Internet is that no one -- neither 1stChoiceColo.com, nor anyone else -- 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 1stChoiceColo.com 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 1stChoiceColo.com cannot monitor and censor the Internet, and will not attempt to do so, 1stChoiceColo.com cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable or offensive Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that 1stChoiceColo.com does not review, edit, censor or take responsibility for any information its subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. 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 1stChoiceColo.com facilities and may reach a large number of people, including both subscribers and nonsubscribers of 1stChoiceColo.com, subscribers' postings to the Internet may affect other subscribers and may harm 1stChoiceColo.com's goodwill, business reputation and operations. For these reasons, subscribers violate 1stChoiceColo.com policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

We wish to emphasize that in accepting these Policies, subscribers also agree to indemnify us for any violation of the subscriber of the Policies, or of law that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the subscriber that violate any law or these Policies, the subscriber will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

Note: Pornography and sex-related merchandising are prohibited on all servers.This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

In addition any site selling or promoting Bulk Email Services is not allowed.

Examples of non-acceptable content or links:

Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3

We will be the sole arbiter as to what constitutes a violation of this provision.

Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward 1stChoiceColo.com, but also because it can overload 1stChoiceColo.com's equipment and disrupt service to 1stChoiceColo.com subscribers.

Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.

Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking" or "cracking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Other Activities, whether lawful or unlawful, that 1stChoiceColo.com determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. 1stChoiceColo.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with 1stChoiceColo.com policy or applicable law. When 1stChoiceColo.com becomes aware of harmful communications, however, it may take any of a variety of actions. 1stChoiceColo.com may remove information that violates its policies, implement screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber's contract with 1stChoiceColo.com.

1stChoiceColo.com also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching 1stChoiceColo.com's facilities from those subscribers may have been originated by customers of those subscribers or other third parties. 1stChoiceColo.com does not require its subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or 1stChoiceColo.com policy are, themselves, in violation of 1stChoiceColo.com policy. Similarly, 1stChoiceColo.com anticipates that subscribers who offer Internet services will cooperate with 1stChoiceColo.com in any corrective action that 1stChoiceColo.com deems necessary, in order to correct and prevent the transmission of material that is harmful to 1stChoiceColo.com or its subscribers. Failure to cooperate with such corrective and preventive measures is a violation of 1stChoiceColo.com policy.

1stChoiceColo.com also is concerned with the privacy of online communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, 1stChoiceColo.com urges its subscribers to assume that all of their online communications are insecure.

1stChoiceColo.com can not take any responsibility for the security of communications transmitted over 1stChoiceColo.com's facilities. 1stChoiceColo.com will comply fully, however, with all applicable laws concerning the privacy of its subscribers' online communications. In particular, 1stChoiceColo.com will not intentionally monitor or disclose any private electronic mail messages sent or received by its subscribers unless required to do so by law. 1stChoiceColo.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, 1stChoiceColo.com may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, 1stChoiceColo.com may disclose information transmitted over its facilities where necessary to protect 1stChoiceColo.com and its subscribers from harm, or where such disclosure is necessary to the proper operation of the system.

1stChoiceColo.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate 1stChoiceColo.com policy. Finally, 1stChoiceColo.com wishes to emphasize that in signing the Services Agreement, subscribers indemnify 1stChoiceColo.com for any violation of the subscriber of the Services Agreement, or of law or 1stChoiceColo.com policy, that results in loss to 1stChoiceColo.com or the bringing of any claim against 1stChoiceColo.com. This means that if 1stChoiceColo.com is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against 1stChoiceColo.com, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including 1stChoiceColo.com and its subscribers, as responsible members of the Internet.

We may amend these Policies at any time in our sole discretion. Because these policies are available for public viewing at all times, it is your responsibility to regularly view these policies for changes or updates.

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