Acceptable Use Policy
Bevington IT Services, Inc.. (hereafter referenced as TOCC) provides other Internet-related services under the name of Outdoorcookingchannel.com. As a provider of other internet services, TOCC offers its customers and users, the means to disseminate public, private, commercial, and non-commercial information.
TOCC respects the fact that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, TOCC reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, TOCC has developed this Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer’s respective service agreement. This AUP is intended as a guide to the customer’s rights and obligations when utilizing TOCC’s services.
This AUP will be revised from time to time. A customer’s use of TOCC’s services after changes to the AUP are posted on Outdoorcookingchannel.com web sites will constitute the customer’s acceptance of any new or additional terms of the AUP.
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 to disseminate information to others.
It must be kept in mind that TOCC does not review, edit, censor, or take responsibility for any information its clients may create. When clients 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 place on TOCC’s network may be carried to a large number of people, including both clients and non-clients of TOCC, clients’ postings to the Internet may affect other clients and may harm TOCC’s goodwill, business reputation, and operations.
TOCC clients violate TOCC policy and the service agreement when the clients, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Intellectual Property Violations
Defamatory or Abusive Language
Forging of Headers
Illegal or Unauthorized Access to Other Computers or Networks
Background Running Programs
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Facilitating a Violation of this AUP
Export Control Violations
Spamming Usenet Groups or Message Boards
Any Other Illegal Activities
It is TOCC’s policy to terminate the privileges of customers who commit repeat violations of TOCC policy and service agreements.
Spamming is the sending unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward TOCC, but also because it can overload TOCC’s network and disrupt service to TOCC clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, TOCC has the discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list. Refer to our UCE/SPAM Policy for more information.
Intellectual Property Violations is the 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. TOCC is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.
Defamatory or Abusive Language refers to the use of TOCC’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers refers to the forging or misrepresenting of message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks is 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 violation 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).
Background Running Programs – Background Daemons in general are prohibited on TOCC servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other programs that interfere with normal server operation. TOCC has the sole responsibility of deciding what consitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities refers to the distributing of information regarding the creation of and sending of internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, it includes any 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 AUP refers to 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 refers to engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes. Other examples are fraudulently charging credit cards and pirating software.
Other Activities refer to any activity, including lawful ones, that TOCC determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the client. TOCC will not, in normal practice, monitor the communications of its clients to ensure that they comply with TOCC policy or applicable law. When TOCC 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 other actions TOCC deems appropriate.
PRIVACY AND SECURITY CONSIDERATIONS
TOCC is also 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, TOCC urges its clients to assume that all of their on-line communications are insecure. TOCC cannot take any responsibility for the security of information transmitted TOCC’s facilities.
TOCC will not intentionally monitor private messages sent or received by its users unless required to do so by law, governmental authority, or when public safety is at stake. TOCC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
TOCC may disclose information, including but not limited to, information concerning a client, 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 USA governmental request. TOCC assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, TOCC may disclose client information or information transmitted over its network where necessary to protect TOCC and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including TOCC and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to mailto:[email protected]
== COPYRIGHT COMPLAINTS AND DESIGNATED COPYRIGHT AGENT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WITHOUT ADVANCE NOTICE, WHETHER FOR CHANGES IN THE LAW OR FOR THE CONVENIENCE OF TOCC. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION.
Notification. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent (“Complainant”) may submit a notification alleging copyright infringement to TOCC’s Designated Copyright Agent if Complainant has a good-faith belief that its works are being infringed by material subject to TOCC’s control. To ensure receipt, TOCC strongly recommends that Complainant send the notification by overnight mail, delivery fees or postage prepaid. TOCC will investigate proper notifications sent to:
Designated Copyright Agent: Kevin Bevington
Attn: Copyright Complaint Outdoorcookingchannel.com
Bevington IT Services, Inc.
1013 Faircloth Ct
Oviedo, FL 32765
Email: [email protected]
A proper notification MUST have at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of Complainant;
(ii) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TOCC to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact Complainant, such as an address, telephone number and, if available, an e-mail address at which Complainant may be contacted;
(v) A statement that Complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. TOCC will investigate the subject of a proper notice. If appropriate, TOCC will remove or disable access to the allegedly infringing material and notify the entity that submitted such material (“Respondent”). Respondent may then send to the Designated Copyright Agent a proper counter-notification, in which case TOCC may re-post or re-enable access to the allegedly infringing material between 10 and 14 days after receipt of the counter-notification, unless Complainant first notifies TOCC that Complainant has filed suit to restrain Respondent from engaging in the alleged infringement. Mark the counter-notification “Attn: Response to Complaint” on the document and on the envelope, and send to the address above. To ensure receipt, TOCC strongly recommends that Respondent send the counter-notification by overnight mail.
A proper counter-notification MUST have at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of Respondent;
(ii) Identification of the material that has been removed or disabled and the location at which the material appears before it was removed or access to it was disabled;
(iii) A statement, under penalty of perjury, that Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Respondent’s name, address and telephone number, and a statement that Respondent consents to the jurisdiction of the Federal Court in its district or, if Respondent’s address is outside the United States, Respondent consents to any jurisdiction where TOCC may be found, and that Respondent will accept service if process originates from Complainant or Complainant’s agent.