This policy recognizes the fundamental fact that no one owns or controls the Internet. APN cannot monitor or control all the activities of our Resellers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Resellers. Resellers, not APN, assume all responsibility relating to their Internet activities including, but not limited to:

• Aspects of the Reseller's business
• Content and data provided by or through a Resellers for use with the Services
• Decisions about Reseller's computer and communications systems needed to access the Services
• Results obtained from using APN Services
• Compliance with all applicable laws and governmental regulations regarding Reseller's business or use of the Services
• Use of the APN services by Reseller's end users;
• Compliance with this Acceptable Use Policy by the Reseller and Reseller's end users

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Resellers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Resellers will violate this Policy when they or their affiliates engage in any of the following activities:

NETWORK ABUSE

Using the APN network in anyway that adversely affects other APN Resellers is strictly prohibited. This includes but is not limited to:

• Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Running programs continuously in the background without our permission. (This DOES NOT apply to dedicated servers).
• Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
• Using IP addresses which were not assigned to them by APN.
• Running Internet Relay Chat (IRC) servers, bots or clients.
• Installing online or live chat systems of any kind. (This DOES NOT apply to dedicated servers or colo Resellers).
  

ILLEGAL CONTENT

Accounts may be terminated that include content or which have links to content that:

• Is unlawful or is considered offensive by the web community.
  Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative/sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
• Violates any law, statute, ordinance or regulation governing the
• Reseller's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
  

ADULT CONTENT

Adult Web Sites, Adult Picture Galleries, Adult File Sharing Services are NOT permitted on dedicated servers nor are they permitted on "Shared" Servers.

SPAM OR UNSOLICITED COMMERCIAL EMAIL

APN has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. APN Resellers cannot send UCE and cannot host sites or information advertised in UCE. Resellers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, APN will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, APN will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Reseller's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.

APN ADMINISTRATIVE LOGIN AND MANAGEMENT SOFTWARE

To facilitate datacenter/network/server management, inventory and related activities, all APN dedicated and shared servers include a APN administrative account and password and/or a APN daemon. All reasonable precautions are made by APN to maintain the security of these tools and the privacy of client data. Resellers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Reseller's hosting account.

ACCOUNT CANCELLATION

This Acceptable Use Policy (AUP) is not exhaustive. APN has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.