As a provider of web site hosting and other Internet-related services, Tranquility Basin IT Solutions, Inc. offers its customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Tranquility Basin IT Solutions, Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Tranquility Basin IT Solutions, Inc. reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Tranquility Basin IT Solutions, Inc. has developed an Acceptable Use Policy ("AUP"), 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 using Tranquility Basin IT Solutions, Inc.'s services. This AUP may be revised from time to time and will be posted on Tranquility Basin IT Solutions, Inc.'s web site at, www.tranquilitybasin.com/aup.php. Customers will be notified via email of such changes.

An 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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Tranquility Basin IT Solutions, Inc. cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 may be sexually explicit or otherwise offensive. Because Tranquility Basin IT Solutions, Inc. cannot monitor or censor the Internet, and will not attempt to do so, Tranquility Basin IT Solutions, Inc. cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Tranquility Basin IT Solutions, Inc. does not review, edit, censor or take responsibility for any information its subscribers 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 created is carried over Tranquility Basin IT Solutions, Inc.'s network and may reach a large number of people, including both subscribers and non-subscribers of Tranquility Basin IT Solutions, Inc., subscribers' postings to the Internet may affect other subscribers and may affect Tranquility Basin IT Solutions, Inc.'s goodwill, business, reputation or operations. For these reasons, subscribers violate Tranquility Basin IT Solutions, Inc. policy and the Service Agreement when they, affiliates or subsidiaries engage in the following prohibited activities:

 

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Tranquility Basin IT Solutions, Inc., but also because it can overload Tranquility Basin IT Solutions, Inc.'s network and disrupt service to Tranquility Basin IT Solutions, Inc.'s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tranquility Basin IT Solutions, Inc. will investigate and shutdown the account that is SPAMing. A minumum charge of $500 for violating this policy will be charged to the person initiating the SPAM. Futhermore Tranquility Basin IT Solutions, Inc. reserves the right to prosecute for this violation. A $1.50 charge will be assessed PER EMAIL sent should Tranquility Basin IT Solutions, Inc. choose to pursue and prosecute.

 

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. Tranquility Basin IT Solutions, Inc. is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Tranquility Basin IT Solutions, Inc.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

 

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

 

Defamatory or Abusive Language: Using Tranquility Basin IT Solutions, Inc.'s network as a means to transmit or post negative, 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 may 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.

 

Facilitation a Violation of this AUP: 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.

 

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

 

Usenet Groups: Tranquility Basin IT Solutions, Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

 

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, 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 Tranquility Basin IT Solutions, Inc. determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Tranquility Basin IT Solutions, Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Tranquility Basin IT Solutions, Inc.'s policy or applicable law. However, when Tranquility Basin IT Solutions, Inc. becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Tranquility Basin IT Solutions, Inc..

Tranquility Basin IT Solutions, Inc. will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Tranquility Basin IT Solutions, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tranquility Basin IT Solutions, Inc. may disclose information, including, but not limited to, information concerning a subscriber, 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. Tranquility Basin IT Solutions, Inc. assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Tranquility Basin IT Solutions, Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Tranquility Basin IT Solutions, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Tranquility Basin IT Solutions, Inc. will never sell information to other services or outside companies.

Tranquility Basin IT Solutions, Inc. expects that its subscribers will comply fully with all item contained within this AUP. A subscriber's failure to comply with these rules will be considered to be in violatation of the Tranquility Basin IT Solutions, Inc. AUP. Finally, Tranquility Basin IT Solutions, Inc. wishes to emphasize that, in using our services, subscribers indemnify Tranquility Basin IT Solutions, Inc. for any violation of the Service Agreement, law or Tranquility Basin IT Solutions, Inc. policy resulting in loss to Tranquility Basin IT Solutions, Inc. or the bringing of any claim against Tranquility Basin IT Solutions, Inc. by any third party. This means that, if Tranquility Basin IT Solutions, Inc. is sued because of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Tranquility Basin IT Solutions, Inc., plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Tranquility Basin IT Solutions, Inc. and its subscribers, as responsible members of the Internet community. Any complaints about a subscriber's violation of this AUP should be sent to contact@tranquilitybasin.com