This Acceptable Use Policy ("AUP") sets forth the principles that govern the
use by customers of the systems, and services provided by Philotronix LLC.,
henceforth referred to as the Company. The AUP has been created to promote the
integrity, security, reliability, and privacy of the Company's systems and
networks, and of its Customer's data.
Terms and Conditions
Customers shall not post, transmit, re-transmit or store material on or
through any of the Company's system services or products that is in violation
of any local, state, federal or non-United States law or regulation.
Prohibited Uses of Company's Systems, Services
This AUP identifies the actions that the Company considers to be abusive,
and thus, strictly prohibited. In addition to the other requirements of
this AUP, Customers may only use the Company's systems, services and
products in a manner that, in the Company's sole judgement, is consistent
with the purposes of such systems, services and products. If a customer
is unsure whether a contemplated use or action is permitted under the AUP,
the customer should e-mail Company with a description of the proposed use
for a determination as to whether the use is permissible under this AUP.
The examples identified in the subsections below are non-exclusive and
are provided, in part, for guidance purposes.
The following uses of Company's systems, services and products as
described in subsections A through E are expressly prohibited:
- Prohibited Actions: General
- Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulations or law, or
by the common law.
- Violations of the rights of any person protected by copyright,
trade secret, patent or other intellectual property or similar laws or
- Deceptive on-line marketing practices.
- Furnishing false data on the signup form, contract, or online
application, including fraudulent use of credit card numbers (such
conduct is ground for immediate termination and may subject the
offender to civil or criminal liability).
- Transmission of unsolicited commercial email, or excessively
multi-posted usenet articles, or otherwise broadcasting through a
non-broadcast media, either through the systems of Company or through
- Prohibited Actions: E-Mail
- Harassment through frequency or size of messages is prohibited.
- Sending unsolicited mail messages, including the sending of "junk
mail" or other advertising material to individuals who did not
specifically request such material ("e-mail spam"). Customers are
explicitly prohibited from sending unsolicited bulk mail messages.
This includes, but is not limited to, bulk-mailing of commercial
advertising, informational announcements, and political tracts. Such
material may only be sent to those who have explicitly requested it.
If a recipient asks to stop receiving e-mail, the Customer must not
send that person any further e-mail.
- Creating or forwarding "chain letters" or other "pyramid schemes"
of any type, whether or not the recipient wishes to receive such
- Malicious e-mail, including, but not limited to, "mailbombing"
(flooding a user or site with very large or numerous pieces of
- Unauthorized use, or forging, or mail header information.
- Using a Company or a customer account to collect replies to
messages sent from another provider.
- Prohibited Actions: Usenet
- Positing the same or similar messages to large numbers of Usenet
newsgroups ("Newsgroup spam or usenet spam").
- Posting chain letters of any type.
- Posting encoded binary files to newsgroups not specifically named
for that purpose.
- Cancellation or superseding of posts other than your own, with the
exception of official newsgroup moderators performing their
- Forging of header information. This includes attempting to
circumvent the approval process for posting to a moderated
- Solicitations of mail for any other e-mail address other than that
of the poster's account or service, with intent to harass or to
Complaints and Enforcement
Complaints regarding abusive conduct may be reported to the contact
information at the bottom of this page.
Complaints will be accepted via e-mail, so long as a valid return
address is included. The Company must be able to independently verify
each instance of abuse, and so each complaint must include the COMPLETE
TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT
send excerpted parts of a message; sending a copy of the entire message,
including headers, helps to prevent misunderstandings based on incomplete
information, or information used out of context. Full headers demonstrate
which path the message has taken, and enable us to determine whether any
part of the message has been forged. This information is vital to our
The Company may, in its sole discretion, suspend or terminate a
customer's service for violation of any of AUP at any time and without
warning. As a general matter, the Company attempts to work with customers
to cure violations and to ensure that there is no re-occurrence of the
violation prior to terminating service.
In no event will Company be liable to any customer or third party for any
direct, indirect, special or other consequential damages for actions taken
pursuant to this AUP, including, but not limited to, any lost profits,
business interruption, loss of programs or other data, or otherwise, even
if the Company was advised of the possibility of such damages.
All payments and fees are due within 15 days of the invoice date. Any account
not paid within 90 days of the invoice date may be suspended or terminated.
The Company may terminate your service if your card expires or your bank account
is closed or suspended (as applicable) and you have not provided the Company with
a valid replacement.
In the event your account is closed with a negative balance, the Company may
charge a administrative charge of $50. Customer shall pay all costs of collection,
including without limitation, collection agency and reasonable attorneys' fees,
incurred by Company.
A $50 fee will be charged for all returned checks.
If you close your account with the Company, you will notify the Company by
email, phone or postal mail.
The Company may, in its sole discretion, reduce or eliminate any charges or
- Modification of AUP
Company retains the right to modify the AUP at any time and any such
modification shall be automatically effective to all customers when adopted
by the Company.
- The Company Is Not Responsible For
The Company is not responsible for the content of any website, email, or
usenet posting, whether or not the web page, email message, or usenet
posting was made by a customer of the Company.
- Removal of Materials
At its sole discretion, the Company reserves the right to remove
materials from its servers and to terminate internet access to customers
that the Company determines have violated this AUP.