Acceptance Policy
This Acceptable Use Policy ("the Policy") applies to all Websites hosted by Whistler Media, Inc. Whistler Media services or Internet connectivity are collectively referred to as the "Service."
Please read this Policy in its entirety and choose "I Accept" or "I Do Not Accept" at the bottom of this policy. All users of our Service will be bound by this Policy, which may be updated from time to time without notice so please check back periodically for any substantive changes.
Violation of this Policy is grounds for termination of the Service. If you do not wish to be bound by these policies, please do not use the Service.
This Acceptable Use Policy (the"Policy") governs the use by Customer of Service(s) offered by Whistler Media.
- Illegality/Adult Content. Whistler Media neither
sanctions nor permits hosted site content or the transmission
of data that contains illegal or obscene material or fosters
or promotes illegal activity, including but not limited
to, gambling, the offering for sale of illegal weapons,
and the promotion or publication of any material that may
violate hate crimes legislation.
Whistler Media reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Whistler Media are an appropriate recompense to Whistler Media for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees.
Further, should Customer violate this policy, Whistler Media will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
- Internet Abuse. Whistler Media will always take
the appropriate action when Internet abuse is brought to
our attention. Customer shall not abuse Internet resources
including, but not limited to, activities such as using
a nonexistent electronic mail ("e-mail") return
address on a commercial solicitation; spamming (sending
unsolicited material to numerous e-mail address or newsgroups
and/or generating a significantly higher volume of outgoing
e-mail than a normal user, as determined by Whistler Media);
allowing spamming by third parties to promote a Website
hosted by Whistler Media; offering for sale or otherwise
enabling access to (i) warez or (ii) software products that
facilitate the sending of unsolicited e-mail or facilitate
the assembling of multiple e-mail addresses ("spamware");
trolling (posting outrageous messages to generate numerous
responses); mail-bombing (sending multiple messages without
significant new content to the same user); subscribing someone
else to a mailing list without that person's permission;
or cross-posting articles to an excessive number of newsgroups.
Whistler Media reserves the right to determine what constitutes
abuse.
- Wrongful Conduct. Customer shall not commit or
permit wrongful or damaging acts which justify civil action
including, but not limited to, posting of defamatory, scandalous,
or private information about a person without their consent
or intentionally inflicting emotional distress.
- Illegal/Unauthorized Access to Other Computers or Networks. Customer shall neither permit, allow, nor participate in
the illegal or unauthorized accessing (often known as "hacking"
or "cracking") of computers or networks. Customer
shall not use our systems to engage in illegal activities
including, but not limited to breaking into remote systems,
credit card fraud, theft, vandalism, threats, or violence.
These unacceptable uses carry potential civil and criminal
penalties under both federal laws and the laws of most states
and may constitute grounds for immediate termination.
Whistler Media will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account information. Complaints regarding security should be sent via e-mail to hosting@whistlermedia.com.
- Unsolicited Commercial E-mail and Unsolicited Bulk
E-mail ("SPAM"). Unsolicited e-mail, including
commercial advertising and informational announcements sent
without the recipient either requesting such information
or otherwise explicitly expressing an interest in the material,
is strictly prohibited. SPAM activity that does not originate
from a Whistler Media Server but attempts to direct recipients
via a link or otherwise to a site on the Whistler Media
network is also a violation of this Policy. Any bulk e-mail
must contain instructions for the recipient to request removal
from the mailing list. Links and addresses providing such
a reply option must be kept current. A user shall not use
another Website’s mail server to relay mail without
the express permission of the Website. Since many Internet
users use a dial-up connection and pay for their online
time, it costs them money to receive e-mail.
It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a Website, unless they have made a specific request for information to be e-mailed to them.
Unauthorized use of the Whistler Media Network in connection with the transmission of unsolicited bulk e-mail ("SPAM"), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act.
Whistler Media's response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in Whistler Media's sole discretion. A minimum $100 (One Hundred Dollars) per hour spam handling fee will be charged to Customer's account for all valid complaints, as determined by the Whistler Media Abuse Team.
Complaints regarding illegal use or system or Network security issues should be sent via e-mail to hosting@whistlermedia.com.
- Usenet. Posting the same or similar message to
one or more newsgroups, off-topic posting or multiple-posting,
may be in violation of the newsgroup charter and is also
considered by Whistler Media as internet abuse.
- System and Network Security. Violations of system or network
security are prohibited, and may result in criminal and
civil liability. Examples of system or network security
violations include, without limitation, the following:
- Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan
or test the vulnerability of a system or network
or to breach security or authentication measures
without express authorization of the owner of
the system or network.
- Unauthorized monitoring of data or traffic on
any network or system without express authorization
of the owner of the system or network.
- Interference with Service to any user, host or network including, without limitation, electronic junk mailing, flooding, or deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan
or test the vulnerability of a system or network
or to breach security or authentication measures
without express authorization of the owner of
the system or network.
- Forged Headers and/or Addresses. Forging headers
or messages means sending e-mail so that its origin appears
to be another user or machine, or a nonexistent machine.
It is also forgery to configure the reply to address of
the e-mail without the authorization and permission of the
Website. These practices are prohibited.
- Mail Bombing. Mail bombing is the sending of multiple
e-mails, or one large e-mail, with the sole intent to overload
a system or to seek revenge on a fellow Internet user. It
is wasteful of shared Internet resources and is of no value
to the recipient. This practice is prohibited.
- Mailing List Subscriptions. List owners are encouraged
to confirm all subscription requests from the apparent subscriber
before starting to send any list e-mail. List owners must
ensure that unsubscribe requests are handled from people
who were unaware that they had joined a mailing list. It
is not acceptable to subscribe people to a list merely because
he or she has visited your Website or used one of your products;
the person must make an explicit request to be listed. However
some reports occur because people have genuinely forgotten
that he or she has made such a request. If you run a mailing
list, Whistler Media strongly suggests to keep copies of
administrative requests (Web logs, or e-mails including
headers) so that you may demonstrate your subscription requests
were genuine.
- Copyright or Trademark Infringement. Whistler Media
may be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable
law or regulation, including export control laws, is prohibited.
This includes, without limitation, material protected by
patent, copyright, trademark, service mark, trade secret
or other intellectual property rights. If you use another
party's material, you must obtain prior authorization. By
using the Services, you represent and warrant that you are
the author and copyright owner and/or proper licensee with
respect to any hosted content and you further represent
and warrant that no hosted content or domain name violates
the trademark or domain name rights of any third party.
Whistler Media reserves the right to suspend or terminate
a Customer that, in Whistler Media's discretion, violates
these policies or violates any law or regulation, e.g.,
the Digital Millennium Copyright Act and any other related
legislation or a court order.
- Misuse of System Resources. Customer shall not
misuse system resources including, but not limited to, employing
posts or programs which consume excessive CPU time or storage
space; utilizing excessive bandwidth, permitting use of
mail services, mail forwarding capabilities, POP accounts,
or auto-responders other than for the Customer's own account;
resale of access to CGI scripts installed on Whistler Media's
servers; or resale of Whistler Media Internet access.
- Mission 500 Customization Policy
Custom CGI Execution: CGI execution is allowed. This involves settings being made to the customer's Website properties within IIS, including an application mapping for the .cgi file suffix. This could either be mapped to a binary CGI or a script, i.e. Perl. These files are suffixed with the .cgi extension and run within a customer's Web service.
Custom Executables: Custom executables are not supported on the Mission product line. Commonly, these are file types suffixed by .exe and run as an application on the server. These file types may also be suffixed by .bin if they have been converted using a utility like 'exe2bin'.
Custom DLL Registration: At this time, we do allow the registration of custom Dynamic Link Libraries (DLL). DLL is defined as "executable routines (generally serving a specific function or set of functions)” stored as separate files with the .dll extension. "These routines are loaded only when needed" by the client's code that calls them.
Whistler Media reserves the right to deny the registration of a DLL for any reason; likewise, we also reserve the right to disable any DLLs at any time without cause. In the event of a migration, the customer will be responsible for providing Whistler Media information regarding their registered DLL. The following procedures will be used to qualify a DLL for registration. Failure to meet any of the below requirements will disqualify the DLL; however, meeting these requirements does not indicate an approval of the Custom DLL
3rd party DLL registration request process:
If the customer has requested a third-party DLL to be registered the following steps will be take
- Customer submits a request to have the DLL
reviewed.
a. Customer will provide DLL. b. Customer will provide vendor URL. c. Customer will provide information concerning the DLL's licensing if applicable. d. Customer will provide working code (ASP, etc.) that calls each method (routine) within the DLL.
- Development provides a reasonable time-line
for confirmation or denial. Usually 7-10 business
days.
a. Development researches Vendor. b. Development determines if the DLL is licensed to run on the servers. c. Development determines if the DLL is fully compatible on Windows 2000. d. Development will register the DLL on a test server as if were the customer's site. e. Development will register the DLL within the customer's memory space and user context. This is done through Component Services
i. Ensures that the DLL has its own memory space (the customer's) and that it does not run as an administrator on the server i. We will not allow the DLL to run as a SYSTEM process nor under any other user context other than the customer's. f. Development will use the provided code to run a test against the DLL for 72 hours.
- Once the above steps have been performed,
development will make the decision to allow
or deny the registration of the DLL.
Customer written DLL
If the Customer has requested a DLL they have written to be registered on the server, the following steps will be taken:
- Customer submits a request to have the DLL
reviewed.
a. Customer will provide the source code. b. Customer will provide working code (ASP, etc.) that calls methods from the DLL. c. Customer will provide any documentation they have regarding the DLL. d. Customer will provide a description of the DLL.
- Development provides a reasonable time-line
for confirmation or denial. Usually 7-10 business
days.
a. Development does a sight review of the source code.
i. If any noticeable errors are spotted within the source code we will return the code tot he customer indicating this information; however, we will not troubleshoot source code. b. Development will compile the source code c. Development will register the DLL within the customer's memory space and user context. This is done through Component Services.
i. Ensures that the DLL has its own memory space (the customer's) and that it does not run as an administrator on the server. i. We will not allow the DLL to run as a SYSTEM process nor under any other user context other than the customer's. d. Development will register the DLL on a test server. e. Development will use the provided code to run a test against the methods in the DLL on the server for 72 hours.
- Once the above steps have been performed development will make the decision to allow or deny the registration of the DL
- Customer submits a request to have the DLL
reviewed.
- Other Activities. Whether lawful or unlawful, Whistler
Media reserves the right to determine what is harmful to
its Customers, operations or reputation, including any activities
that restrict or inhibit any other user from using and enjoying
the Service or the Internet.
Please be aware Whistler Media reserves the right to cancel any account they find in violation of any of the above policies.
Complaints about violators of our Policy should be sent via e-mail to hosting@whistlermedia.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice and without refund of Service fees paid.
