Terms of Service & Acceptable Use Policy

By receiving services from IndyNetWorx, you (hereby referred to as "client") agree to abide by the Terms of Service and Acceptable Use Policies as stated below. Client also accepts any terms and conditions outlined in our privacy policy.

Terms of Service

Authorship

The U.S. Copyright Act provides that the owner of the copyright in a Web site is the "author" of that site. Unless there is a written agreement to the contrary, IndyNetWorx will own the copyright to any websites that we design, regardless of the payment status for the preparation of the site.

Copyrights and Trademarks

Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to IndyNetWorx for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements. Client will hold harmless, protect, and defend IndyNetWorx and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

IndyNetWorx is the copyright owner of any original content created by IndyNetWorx, and my not be used by others without express written permission.

Exclusion of Warranties All IndyNetWorx services are provided on and "as-is basis", AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

While IndyNetWorx makes reasonable efforts to maintain the service and "uptime" for hosting clients, many factors are not within IndyNetWorx's control. Therefore, IndyNetWorx does not warrant, and is not responsible for (even if caused by the negligence of IndyNetWorx) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to IndyNetWorx's own negligence, viruses or other third parties. Customer's data is defined as any data held by IndyNetWorx and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers. IndyNetWorx provides no warranty to customer regarding the accuracy of usage statistics, which IndyNetWorx may provide in its discretion. Further, no advice or information given by an IndyNetWorx representative shall create a warranty or serve as an amendment to this agreement.

Acceptable Use Policy

Web Content

Adult Content

Due to bandwidth requirements, oversight requirements, and legal issues, IndyNetWorx does not allow sites with adult content. Adult content is defined as:

Adult entertainment such as sexually explicit image galleries
Sites which have sexually explicit personal advertisements or message boards
Sites which sell sex toys as a primary focus, or along with other merchandise intended for sale to adults only
Sites, which depict sex acts or sexually aroused people in graphic detail for entertainment purposes, rather than for medical or educational purposes.
Sites that primarily contain sex stories, without substantial literary, artistic, educational, or scientific value.
Sites which have sexually explicit images or text in advertising
Sites whose meta tags contain sexually explicit text, or which imply that the site contains Adult content.
Sites which primarily serve to drive traffic to sites with Adult content, such as links lists or non-sexually explicit "teasers" for Adult sites

Libel, Slander, or Hate Speech

Content which in the judgement of IndyNetWorx is found to be libelous or slanderous is expressly forbidden. Likewise, any content which is judged to be threatening, or could reasonably be classified as hate speech, will be removed or the users account will be suspended and/or canceled. Hate speech is defined as speech that perpetuates a negative attitude or stereotype of an individual or group based on race, ethnicity, gender, sexual orientation, gender identity, religion, disability, political beliefs or affiliation with a group.

Email and Mailing lists

Unsolicited Commercial Email (UCE) AKA Spam

Definition of UCE (Unsolicited Commercial E-mail), or spam:

An electronic message is considered "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

Zero-Tolerance Spam Policy

IndyNetWorx has a zero-tolerance policy for the use of its servers for UCE (spam) as defined above. Violation of this policy will result in the termination of client's account with no notice and no refunds.

Additional Prohibited Spamming Activity

The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to IndyNetWorx or any URL (domain) that is hosted by IndyNetWorx.
Unsolicited postings to newsgroups advertising any IP or URL hosted by IndyNetWorx.
The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by IndyNetWorx.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

Any of the above spamming activity is strictly prohibited and subject to IndyNetWorx Zero-Tolerance spam policy as stated above.

Basic Mailing List Management Principles for Preventing Abuse

Mailing lists are provided to IndyNetWorx customers as a vehicle for distributing focused, targeted information to an interested, receptive audience. Mailing lists can be used successfully as a highly effective direct marketing tool and powerful communication vehicle. Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This Accepted Use Policy for Spam and Mailing Lists and all other IndyNetWorx policies are subject to change by IndyNetWorx without notice. Continued usage of the services after a change to this policy is implemented and posted on the IndyNetWorx site constitutes your acceptance of such change or policy

Additional Violations of IndyNetWors Acceptable Use Policy

Copyrights and Trademarks

Using IndyNetWorx services to transmit any material (email or web) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Harrassment and Threats

Use of IndyNetWorx services (email or web) to harrass or threaten any individuals or groups.

Illegal Materials

Using IndyNetWorx services to transmit any material (email or web) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

Hacking or Malicious Code

Using IndyNetWorx web servers in any way to cause harm, disruption, or nuiscance to other IndyNetWorx or Internet users by the use of computer code intentionally written for such purposes.

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