Protect Americas Dream and the National Homeowners College aka: PADNHC Network
(Herein after referred to as PADNHC)
PADNHC Acceptable Use Policy (“AUP”)
Acceptable Use Policies are an integral part of the framework of information security policies; it is often common practice to ask new members of an organization to sign an AUP before they are given access to its information systems. Unlike in the area of regulated common carrier services, certain activities of Users of Internet services including hosting (collectively referred to herein as "IP related Services") may expose providers of those services, such as PADNHC, to claims of civil or criminal liability or other legal sanctions. Some activities may also disrupt or degrade PADNHC's IP related Services. Because of various requirements and procedures used in the industry (including blocking, filtering and blacklisting) these activities may impair PADNHC's ability to interconnect with other IP related Service providers. Some activities may relate to the content stored by Users, to content of the messages transmitted by Users or to the nature of the transmissions themselves, such as sending large numbers of unsolicited messages (Spam).
Although PADNHC does not normally monitor the stored content or transmissions of its Users, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. PADNHC has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from its Users' use of PADNHC's IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
Extent of Acceptable Use Policy:
This AUP applies to all Users of PADNHC's IP related Services. If a User or User violates this AUP, PADNHC may, depending on the nature and severity of the violation, suspend or terminate service, as provided below. If a User (other than a User) violates the AUP, PADNHC may suspend service for so long as necessary for steps to be taken which, in PADNHC's reasonable judgment, will prevent the violation from continuing or reoccurring.
PADNHC is committed to remaining in compliance with laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Users the ability to use PADNHC's network and the Internet without interference or harassment from other users. PADNHC prohibits use of its IP related Services in any ways that are unlawful, interfere with use of PADNHC's network or the Internet, infringe intellectual property rights, result in the publication using PADNHC Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.
Unlawful Activities and Inappropriate Use:
PADNHC IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Fraudulent behavior is strictly prohibited, will result in deactivation, and may also be referred to the appropriate criminal authorities for prosecution.
PADNHC may determine, in our sole discretion, inappropriate usage of accounts provided under this Acceptable Use Policy and the privilege may be revoked at our sole discretion. Should this occur, you will be informed in writing, via email or otherwise, of this action. In emergencies and as otherwise stated herein, revocation of privileges may be implemented prior to notification of the user.
PADNHC reserves the right to block the receipt or transmission of any email that PADNHC reasonably believe is or will be sent in violation of law or this Acceptable Use Policy.
When feasible, PADNHC shall provide Users with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. PADNHC reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when PADNHC reasonably determines: (1) that it may be exposed to sanctions or prosecution; (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of PADNHC's network or networks with which PADNHC is interconnected or interfere with another User's use of PADNHC Services or the Internet; or (3) that such violation otherwise presents imminent risk of harm to PADNHC or PADNHC's Users, Users or respective Affiliates and employees. In other situations, PADNHC will use reasonable efforts to provide at least 5 business days notice before suspending or terminating service.
PADNHC IP related Services shall not be used in a manner that interferes with any communications network or the usage or enjoyment of services received by others.
PADNHC IP related Service shall not be used to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of PADNHC or any individual, group or
entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. While PADNHC reserves the right to restrict any actions alleged to violate the intellectual property rights of another party, it is not PADNHC's policy to decide whether claimed infringements are valid or not. Thus, while User consents to PADNHC's right to suspend Service if User is alleged to be violating another's rights, PADNHC may also permit the continuing activity of its User despite allegations of an infringement where User in writing: (1) fully assumes responsibility for its activity; and (2) agrees to fully indemnify PADNHC for all damages, claims, expenses and attorneys fees as a result of the alleged infringement. Should PADNHC choose to permit the continued activity of its User at User's request, PADNHC may require a bond securing it for the full amount of potential indemnification, which amount shall be determined in PADNHC's reasonable judgment.
Offensive or Threatening Material or Content:
PADNHC IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to PADNHC's network or to the network of any other IP related Service provider.
Spam/E-mail/Usenet Abuse is prohibited on PADNHC IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
- using another site's mail server to relay mail without the express permission of the site;
- using IP addresses that the User does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending electronic messages with petitions for signatures, or any chain mail related materials;
- sending unsolicited electronic messages with charity requests;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the PADNHC IP related Services or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- distributing or using software designed to promote the sending of unsolicited bulk electronic messages;
- using distribution lists containing addresses that include those who have opted out;
posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information; and
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the PADNHC Network or of the networks with which PADNHC interconnects.
PADNHC IP related Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of PADNHC's or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of security violations include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access or control devices, software or data (except in the case of authorized legitimate network security operations);
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; and
- distributing viruses, worms, trojan horses or other harmful software.
Individuals using the Services are
subject to having all activities on any PADNHC Website monitored by systems or security personnel. Use of the Services constitutes consent to system and security monitoring. Information derived from system and security monitoring may be used as a basis for administrative, disciplinary, or criminal proceedings. If you do not consent to monitoring, exit this system now.
The terms and conditions of this Acceptable Use Policy apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you are no longer entitled to access your PADNHC Website, or any PADNHC Website, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter.
Disclaimer of Warranties:
PADNHC makes no representation or warranty relating to the functionality or condition of the PADNHC Websites, the suitability for use or that use of the Services will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE WEBSITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. PADNHC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING OUT OF A COURSE OF DEALING OR USAGE IN THE TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
Limitation of Liability:
PADNHC’s aggregate liability, if any, for loss or damages relating to or arising out of this Acceptable Use Policy or the Services, whether in contract, tort or otherwise, will not exceed the lesser of actual damages or the charges paid by you for this Service for a period of two months. In NO event will PADNHC be liable for special, punitive, incidental, indirect, or consequential damages, including without limitation any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with this Acceptable Use Policy, any PADNHC Website, the Services, or any materials protected by trade secrets or other intellectual property laws.
Unless otherwise authorized by you, PADNHC will use information you provide about yourself only as required for us to provide a particular Service and for us to communicate with you regarding your PADNHC Website and/or business. Your voluntary provision of requested Information constitutes consent to use of the Information for the purposes identified in this Acceptable Use Policy. By using the Services, you agree and consent to personal information being collected, used or disclosed for the purposes herein identified.
PADNHC at its discretion may use your information to better design services for you.
If you do not consent to the use of the Information or if you wish to opt out of future usage, send an email to:
Information collected by us is stored for archival purposes only and will not be released to a third party except as noted elsewhere in this Acceptable Use Policy or in your IR Agreement or IR Terms and Conditions. In addition, PADNHC may share our data, including personally identifiable information about you, with our subsidiaries and affiliates serving your online needs and related services. PADNHC’s parent, subsidiaries and affiliates follow privacy practices no less protective than the practices described in this policy, as allowed by applicable law. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. If PADNHC merges with or are acquired by another business entity, you should expect us to share some or all of your information in order to continue to provide you with service.
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, PADNHC has put in place appropriate physical and electronic, procedures to safeguard and secure the information PADNHC collects online.
Users remain solely and fully responsible for their Content. Users are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Users are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
Any complaints regarding the violation of this AUP by a PADNHC or user should be directed to the designated agent listed below. Where possible, include details that would assist PADNHC in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Office of the General Counsel
Scottie Johnson, Esq.
Attorney and Counselor at Law
Revisions to this AUP
PADNHC may modify this AUP at any time, effective when posted to PADNHC's AUP website.