Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with RogerWheatley.com. If you engage in any of the activities prohibited by this AUP document RogerWheatley.com may suspend or terminate your account.

RogerWheatley.com' Acceptable Use Policy (the "Policy") for RogerWheatley.com Services is designed to help protect RogerWheatley.com, RogerWheatley.com' clients and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by RogerWheatley.com. RogerWheatley.com reserves the right to modify the Policy at any time, effective upon posting at http://www.rogerwheatley.com/aup.shtml

Prohibited Uses of RogerWheatley.com Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk eMail through RogerWheatley.com' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on RogerWheatley.com' servers, is prohibited. RogerWheatley.com accounts or services may not be used to solicit clients from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by RogerWheatley.com clients must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any RogerWheatley.com-hosted domain, or referencing any RogerWheatley.com account, is prohibited.

4. 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 send Unsolicited Bulk eMail, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org . (Clicking this link will open a seperate window).

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any RogerWheatley.com clients or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the RogerWheatley.com network or on another provider's network.

10. Using RogerWheatley.com' Services to interfere with the use of the RogerWheatley.com network by other clients or authorized users.

Client Responsibility for Clients' Users

Each RogerWheatley.com client is responsible for the activities of its users and, by accepting service from RogerWheatley.com, is agreeing to ensure that its clients/representatives or end-users abide by this Policy. Complaints about clients/representatives or end-users of a RogerWheatley.com client will be forwarded to the RogerWheatley.com Client Support Department for action. If violations of the RogerWheatley.com Acceptable Use Policy occur, RogerWheatley.com reserves the right to terminate services with or take action to stop the offending client from violating RogerWheatley.com' AUP as RogerWheatley.com deems appropriate, without notice.

Note:

Accounts and web sites which send spam will be immediately terminated, and will be charged theft of service fines up to $2 per message plus a $100 processing fee per complaint received.

Web sites and accounts that are spam advertised will be immediately terminated and be fined a $100 processing fee per complaint received.