Acceptable Use Policy

Acceptable Use Policy

Last updated December 24, 2005.

IMPORTANT NOTICE: *Failure to abide by Noble Webworks, Inc.'s Acceptable Use Policy (herein referred to as "AUP") and Terms of Service (herein referred to as "TOS") will cause suspension and/or immediate termination WITHOUT PRIOR NOTICE. All payments will NOT be refunded and there may be additional fees for any abuse issues.*

Noble Webworks, Inc.'s AUP is provided to give our customers and users a clear understanding of what Noble Webworks, Inc. expects of them while using the service. All users of Noble Webworks, Inc.'s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS.

Use of Noble Webworks, Inc. Service constitutes acceptance and agreement to Noble Webworks, Inc.'s AUP as well as Noble Webworks, Inc.'s TOS

Although we support the uncensored flow of information and ideas over the Internet, Noble Webworks, Inc., as a company, does not allow certain types of websites on their web servers. These websites are outlined below. In accordance with our TOS, we will terminate service to any of these type of websites, in our sole discretion. Noble Webworks, Inc. will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

This document is intended to provide a basic understand of Noble Webworks, Inc.'s AUP. The following are guidelines for the establishment and enforcement of Noble Webworks, Inc.'s AUP:
  • Ensure reliable service to our customers

  • Ensure security and privacy of our systems and network, as well as the networks and systems of others

  • Comply with existing laws

  • Maintain our reputation as a responsible service provider

  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

  • Preserve the value of Internet resources as a conduit for free expression and exchange of information

  • Preserve the privacy and security of individual users

Noble Webworks, Inc. intends to provide its customers access to everything the Internet has to offer. While Noble Webworks, Inc. is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Noble Webworks, Inc. and the Internet and cannot be permitted under the guise of free speech. The resources of Noble Webworks, Inc. and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may NOT use your website to publish material, which Noble Webworks, Inc. determines, at its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a website is used to violate the AUP or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our family, you must use your website responsibly. If you have any questions regarding this policy, please contact us at daryl@noblewebworks.com.

VIOLATIONS OF Noble Webworks, Inc. ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
  1. Illegal use: Noble Webworks, Inc.'s services may NOT be used for illegal purposes, or in support of illegal activities. Noble Webworks, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

  2. Adult content: Noble Webworks, Inc.'s services may NOT be used for adult content. Noble Webworks, Inc. does not allow nudity, even in the case of art. Noble Webworks, Inc. does not allow the direct linkage (weblink) to an adult content website.

  3. Harm to minors: Use of the Noble Webworks, Inc. service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

  4. Threats: Use of the Noble Webworks, Inc. service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

  5. Harassment: Use of the Noble Webworks, Inc. service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

  6. Fraudulent activity: Use of Noble Webworks, Inc. service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters".

  7. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

  8. Unsolicited commercial e-mail / Unsolicited bulk e-mail: (SPAM) Use of the Noble Webworks, Inc. service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Noble Webworks, Inc. account. IMPORTANT NOTICE: Any website or service that supports spammers or causes any of our IP space to be listed in any of the various SPAM Databases will have their website immediately suspended from our servers and will also be responsible for any costs incurred to resolve the issue as well as a reconnect fee. The website will not be reconnected unless it is determined, at the discretion of Noble Webworks, Inc., that the offending material was accidental. All other violations, including second-time offenders, will result in immediate and permanent removal of the website from our server without notice to the customer.

  9. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Noble Webworks, Inc. account.

  10. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Noble Webworks, Inc. service is in violation of this AUP.

  11. Usenet SPAMing: Noble Webworks, Inc. has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

  12. Unauthorized access: Use of the Noble Webworks, Inc. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Noble Webworks, Inc.'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Noble Webworks, Inc. account is subject to immediate termination.

  13. Copyright or trademark infringement: Use of the Noble Webworks, Inc. service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

  14. Collection of personal data: Use of the Noble Webworks, Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

  15. Network disruptions and unfriendly activity: Use of the Noble Webworks, Inc. service for any activity which affects the ability of other people or systems to use Noble Webworks, Inc. Services or the Internet. This includes "Denial of Service" (herein referred to as "DOS") attacks against another network host, individual user, or service (which includes, but not limited to, ColdFusion, ASP, email, and Urchin Stats). Interference with or disruption of other network users, services, or equipment is prohibited. A client may not, through action or inaction, allow others to use their website for illegal or inappropriate actions. A client may not permit their website, through action or inaction, to be configured in such a way that gives a third party the capability to use their website in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's website will result in immediate account termination. Noble Webworks, Inc. will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

  16. SPAM: Sending unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

  17. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

  18. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

  19. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account and will be immediately released to legal authorities.

  20. Third Party Accountability: Noble Webworks, Inc. subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the AUP.

  21. Violation Of Noble Webworks, Inc. Virtual Accounts: It is absolutely forbidden to host pornographic content. Websites found hosting this material and/or linking directly to another site with this type material will be subject to immediate cancellation without refund.

  22. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the Noble Webworks, Inc. service is prohibited. Use of such software could result in suspension of service.


Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
  • Your password provides access to your account. It is your responsibility to keep your password secure.

  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

  • Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

  • You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.

  • You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

  • Users who violate systems or network security may incur criminal or civil liability. Noble Webworks, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.


Network Performance
Noble Webworks, Inc. accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Noble Webworks, Inc. systems or networks. Noble Webworks, Inc. reserves the right to terminate or limit such activities.


REPORTING VIOLATIONS OF Noble Webworks, Inc. AUP
Noble Webworks, Inc. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at daryl@noblewebworks.com.

If available, please provide the following information:
  • The IP address used to commit the alleged violation

  • The date and time of the alleged violation, including the time zone or offset from GMT

  • Evidence of the alleged violation

  • Your contact information so we can verify all complaints (unless legal authorities need your information, your information will remain confidential)

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Noble Webworks, Inc. may take any one or more of the following actions in response to complaints:
  • Issue written or verbal warnings

  • Suspend the Member's account

  • Terminate the Member's account

  • Bill the Member for administrative costs and/or reactivation charges

  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations (All legal actions shall be conducted in Sarasota County, Florida)


REVISIONS TO THIS ACCEPTABLE USE POLICY
Noble Webworks, Inc. reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS.