1. INTRODUCTION The intent of Industry Web Design’s Acceptable Use Policy (AUP) is improving the use of the Industry Web Design services by proactively preventing unacceptable use.  All Industry Web Design’s customers and customers of Industry Web Design’s customers or any downstream customers including visitors of customers using Industry Web Design services must comply with this AUP.
 
In consideration of providing Internet connection services, Industry Web Design shall charge to the customers a periodic fee as stated in this agreement. The periodic fee shall be subject to change upon thirty days written notice. As a user of Industry Web Design, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of Industry Web Design. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. Industry Web Design does not censor or exercise editorial control over content on the Internet including any web sites, email, news groups, or anything that can be accessed through our services.  We do reserve the right to remove anything that in our sole discretion violates this AUP, is illegal or may subject Industry Web Design to potential liability.  Industry Web Design may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination or your account without notice. Industry Web Design reserves the right to refuse service to anyone.

2. VIOLATIONS OF INDUSTRY WEB DESIGN’S ACCEPTABLE USE POLICY The following are violations or Industry Web Design’s AUP:   

Illegal Use: As a user of Industry Web Design, you agree not to use the service in a manner that violates any local, state or federal law.
Harm to others: Using the services to harm others, including but not limited to minors.
Threats & Harassment:  You agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts.
Fraudulent Activity: Using the service to make or participate in fraudulent activity including financial scams.
Unsolicited Broadcast Email and Unsolicited Commercial Email (SPAM): Please see Section 3 of this AUP.
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. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed.
Copyright or Trademark Infringement: Using the service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.
Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Industry Web Design'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.
Reselling the services: Reselling the Services without Industry Web Design’s authorization.
Network disruptions and unfriendly activity: Using the Services for any activity which adversely affects the ability of other people or systems to use Industry Web Design’s services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Hosted & Personal Websites:  Web space may be provided for personal and business customers at Industry Web Design. Content of those sites must conform to local, state and federal ordinances. Industry Web Design reserves the right to remove content that is pornographic, deemed to be offensive, or violates trademark or copyright laws, at its sole discretion. Industry Web Design does not provide training or technical support for Web site development.

3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM) Industry Web Design has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (UBE/UCE), commonly known as “Spam”, whether originating from customers, from customers' customers, or from customers that provide services which are used to support spam. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, is prohibited.

What does Industry Web Design consider spam:
Industry Web Design defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.

Industry Web Design’s customers, and customers of Industry Web Design’s customers or any downstream customers, are prohibited from sending and shall not allow their connection to Industry Web Design to be used for sending spam. Industry Web Design customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Industry Web Design’s customers will be held responsible for all traffic either sent via their connection to Industry Web Design or sent elsewhere using Internet services provided via their connection to Industry Web Design. "Internet services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services.

Reporting of spam activity and possible repercussions:
If Industry Web Design receives a complaint, it will be forwarded to customer for a response and a complete explanation of the process taken to reach a resolution. If within twenty-four (24) hours there is no response indicating complete resolution, Industry Web Design may block traffic to and from the IP address involved in the spam complaint (i.e. suspend the account) until Industry Web Design is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If Industry Web Design receives repeat complaints indicating that a problem has not been resolved, Industry Web Design may suspend or cancel the offenders account, at their sole discretion.  Industry Web Design may charge customer and customer shall pay $1000.00 per valid spam complaint of which Industry Web Design is notified.

Industry Web Design also reserves the right to block traffic to and from the IP address (es) involved in hacking, and/or port scanning or other malicious activity.

In addition, from time to time, Industry Web Design blocks third party IP addresses that Industry Web Design believes are used for the distribution of spam or are designated as open relays. Any blocking of such IP addresses shall prevent Industry Web Design customers from sending or receiving traffic to and from such IP addresses.

Industry Web Design also reserves the right to cancel an account of a known or alleged spammer without any notice at their sole discretion.

Receipt of Spam

Industry Web Design does not accept unsolicited commercial email as defined by California Business and Professions Code Section 17538.45.  Industry Web Design defines "spam mail" as any email addressed to a person with whom the sender does not have a prior relationship with, sent without the express consent of the recipient.  California has several laws regarding spam email that apply not only to Industry Web Design members, but also to anyone using Industry Web Design to deliver mail. (including delivering mail to a Industry Web Design address) One of these laws provides for a €50/spam up to a €25,000 penalty/day for spamming, defining spam in the following manner: "It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship" and "It is not sent at the request of or with the express consent of the recipient." These laws may be found at http://www.spamlaws.com/ We reserve the right to press charges under the appropriate laws in addition to the charges we impose upon a user who has violated this acceptable use policy.

4.   TECHNICAL SUPPORT Industry Web Design assumes that the user has a basic understanding of their computer. Industry Web Design will not train users in basic computer skills such as, but not limited to deleting files or creating directories. Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines.

5.   BILLING Accounts that are more than 1 (one) day delinquent in payment may be suspended until payment has been received. Your account is not "monitored" for inactivity and we do not assume that you wish to cancel if you have not used your account. Customer is responsible for any disputed charges beyond 60 days from the date of the charge. All accounts suspended for non-payment are subject to a $10.00 re-activation fee.  Any accounts who go into collections status will be transferred to a collections agency and incur a $25.00 processing fee.

6.   TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing Industry Web Design with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Industry Web Design receives Subscriber’s valid written termination request. The termination of a Subscriber on monthly periods will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by Industry Web Design any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Subscriber. For a Subscriber other than one on monthly periods, their termination, if received by Industry Web Design at least thirty (30) days prior to the end of their periodic term, will be effective at the end of such term, unless such Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 8, if Industry Web Design receives a written termination request from a Subscriber, Industry Web Design may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 8. If this Agreement is terminated prior to the end of a prepaid term or contract, a Subscriber will not receive a refund of any prepaid fees or other charges. Industry Web Design does not monitor Subscriber accounts for activity, and absence of activity will never constitute a termination request. A written termination request is valid only if it includes your main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:

1. Via email at contact form
2. Via mail to: iWorks
Attn: Cancellation Department
25 Ard Cian Park.
Swords, Co. Dublin,
Ireland

 
7.  CHOICE OF LAW You and Industry Web Design agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to Industry Web Design, Inc. In addition, you and Industry Web Design agree and consent that the courts of Ventura County, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. Customers agrees to defend, indemnify and hold harmless Industry Web Design, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to member's use of Industry Web Design’s service. Customers have no property rights in the e-mail and web page addresses supplied by Industry Web Design, and understand that this agreement is assignable by Industry Web Design. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with Industry Web Design. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days written notice.

8. PORT FILTERING A port 25 (outgoing mail) filter is applied to all customers to prevent against spam generated from our network.

9.  REPORTING VIOLATIONS OF INDUSTRY WEB DESIGN’S AUP Industry Web Design requests that anyone who believes that there is a violation of this AUP direct the information to our abuse department via our contact form.

If available, please provide the following information:

The IP address used to commit the alleged violation Evidence of the alleged violation.
Spam email should be forwarded as attachments to ensure that all header information is included. Industry Web Design will take action to ensure that complaints are addresses in an appropriate manner which may include:

Suspension of the offenders account
Cancellation of the offenders account
Suspension of specific services including but not limited to mail, newsgroup, personal web space usage, port blocking and Internet connectivity.

10.  REVISIONS TO THIS AUP  Industry Web Design reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement 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 the Internet Service.