Terms of Use

As a provider of web site hosting, and other Internet-related services, FramisCorp offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. FramisCorp respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, FramisCorp reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, FramisCorp has developed Terms of Use ("TOU"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing FramisCorp's services. This TOU will be revised from time to time. A customer's use of FramisCorp's services after changes to the TOU are posted on FramisCorp's web site, www.FramisCorp.com, will constitute the customer's acceptance of any new or additional terms of the TOU that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that FramisCorp cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because FramisCorp cannot monitor or censor the Internet, and will not attempt to do so, FramisCorp cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that FramisCorp does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over FramisCorp's network and may reach a large number of people, including both customers and noncustomers of FramisCorp, customers' postings to the Internet may affect other customers and may harm FramisCorp's goodwill, business reputation, and operations. For these reasons, customers violate FramisCorp policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward FramisCorp, but also because it can overload FramisCorp's network and disrupt service to FramisCorp customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, FramisCorp has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates 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. FramisCorp is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also FramisCorp's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using FramisCorp's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. FramisCorp is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through FramisCorp's network.

Defamatory or Abusive Language -- Using FramisCorp's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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"). Also, 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).

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.

Facilitating a Violation of this TOU -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOU, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities -- Engaging in 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 FramisCorp determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. FramisCorp will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with FramisCorp policy or applicable law. When FramisCorp 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.

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

FramisCorp 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, FramisCorp urges its customers to assume that all of their on-line communications are insecure. FramisCorp cannot take any responsibility for the security of information transmitted over FramisCorp's facilities.

FramisCorp will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. FramisCorp may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, FramisCorp may disclose information, including but not limited to, information concerning a customer, 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. FramisCorp assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, FramisCorp may disclose customer information or information transmitted over its network where necessary to protect FramisCorp and others from harm, or where such disclosure is necessary to the proper operation of the system.

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

We hope this TOU is helpful in clarifying the obligations of Internet users, including FramisCorp and its customers, as responsible members of the Internet. Any complaints about a customer's violation of this TOU should be sent to abuse@framiscorp.com.

Last Modified September 1, 2002