As a provider of web site hosting and other Internet-related services, Bit Builders offers its customers (referred to herein as "subscribers"), and their customers and users, the means to acquire and disseminate information of a public, private, commercial, and non-commercial nature. Bit Builders has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's obligations when utilizing Bit Builders’ services.

Bit Builders may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the its Web site at http://www.bitbuilders.com/aup. Accordingly, users of Bit Builders services should consult this document regularly to ensure that their activities conform to the most recent version. This AUP should be reviewed together with the Bit Builders Web Hosting Services Agreement. In the event of a conflict between any Web Hosting Services Agreement and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy can be directed to abuse@bitbuilders.com.

Because Bit Builders cannot monitor or censor the Internet, and will not attempt to do so, it cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that Bit Builders does not review, edit, censor, or take responsibility for any information its subscribers may create. Because the information they create is carried over Bit Builders’ network and may reach both subscribers and nonsubscribers of Bit Builders, subscribers' postings to the Internet may affect other subscribers and may harm Bit Builders’ goodwill, business reputation, and operations. For these reasons, subscribers violate Bit Builders policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Intellectual Property, Copyright, and Privacy Violations - Engaging in any activity that infringes 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. Bit Builders is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Bit Builders’ policy to terminate the privileges of customers who commit repeat violations of copyright laws.
• Export Control Violations - Exporting encryption software over the Internet or otherwise, to points outside the United States.
• Spamming - Sending unsolicited bulk and/or commercial messages over the Internet ("spamming"). This practice can have a negative impact on consumer attitudes toward Bit Builders and can also overload Bit Builders’ network and disrupt service to Bit Builders subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Bit Builders has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
• 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, mailbombing, 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.
• 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"). This also includes 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).
• Obscene Speech or Materials and Defamatory or Abusive Language - Using Bit Builders’ network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Using Bit Builders’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
• Facilitating a Violation of this AUP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
• Other Illegal Activities - Engaging in any other 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 Bit Builders determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Bit Builders will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Bit Builders policy or applicable law. When Bit Builders becomes aware of harmful activities, however, 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.

Bit Builders also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Bit Builders’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Bit Builders does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Bit Builders has the right to directly take action against a customer of a subscriber. Also, Bit Builders may take action against the Bit Builders subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Bit Builders anticipates that subscribers who offer Internet services will cooperate with Bit Builders in any corrective or preventive action that Bit Builders deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Bit Builders policy.

Bit Builders 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, Bit Builders urges its subscribers to assume that all of their on-line communications are insecure. Bit Builders cannot take any responsibility for the security of information transmitted over Bit Builders’ facilities.

Bit Builders 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. Bit Builders may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Bit Builders 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. Bit Builders 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, Bit Builders may disclose subscriber information or information transmitted over its network where necessary to protect Bit Builders and others from harm, or where such disclosure is necessary to the proper operation of the system.

Bit Builders expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Bit Builders policy. Finally, Bit Builders wishes to emphasize that in signing the service agreement, subscribers indemnify Bit Builders for any violation of the service agreement, law, or Bit Builders policy, that results in loss to Bit Builders or the bringing of any claim against Bit Builders by any third-party. This means that if Bit Builders is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Bit Builders, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Bit Builders and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@bitbuilders.com.