Online Conduct Policy
As a provider of web site hosting, internet access, and other internet-related services, Chestnut Corporation offers its customers and subscribers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Chestnut Corporation respects that the internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Chestnut Corporation reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Chestnut Corporation has developed an On-Line Conduct Policy (OCP), 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 utilizing Chestnut Corporation's services.
This OCP will be revised from time to time. A customer's use of Chestnut Corporation's services after changes to the OCP are posted on Chestnut Corporation's web site, www.chestnutcorp.co.uk, will constitute the customer's acceptance of any new or additional terms of the OCP that result from those changes.
No one party owns or controls the internet. When subscribers obtain information through the internet, they must keep in mind that Chestnut Corporation cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. Because Chestnut Corporation cannot monitor or censor the internet, and will not attempt to do so, Chestnut Corporation cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal internet communications.
Chestnut Corporation 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 they create is carried over Chestnut Corporation's network and may reach a large number of people, including both subscribers and non-subscribers of Chestnut Corporation, subscribers' postings to the internet may affect other subscribers and may harm Chestnut Corporation's business reputation and operations. The following activities are prohibited:
Spamming - Sending unsolicited bulk and/or commercial messages over the internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Chestnut Corporation, but also because it can overload Chestnut Corporation's network and disrupt service to Chestnut Corporation subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Chestnut Corporation has the discretion to determine from all of the evidence who sent the offending message and what action will be taken to prevent it happening again. Sending bulk email messages via Chestnut Corporation's SMTP servers is prohibited as this will disrupt the service for all Chestnut Corporation subscribers.
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. Chestnut Corporation is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is Chestnut Corporation's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials - Using Chestnut Corporation's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Chestnut Corporation is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Chestnut Corporation's network.
Defamatory or Abusive Language - Using Chestnut Corporation's network as a means to transmit or post 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 might 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, mail-bombing, 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.
Facilitating a Violation of this OCP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this OCP, 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 - Chestnut Corporation reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the OCP.
Other Illegal Activities - Engaging in activities that are determined to be illegal, including 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 Chestnut Corporation determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Chestnut Corporation will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Chestnut Corporation policy or applicable law. However, when Chestnut Corporation becomes aware of harmful activities 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 take any other action it deems appropriate.
Chestnut Corporation anticipates that customers and subscribers will cooperate with Chestnut Corporation in any corrective or preventive action that Chestnut Corporation deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Chestnut Corporation policy.
Chestnut Corporation also is 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, Chestnut Corporation urges its subscribers to assume that all of their on-line communications are insecure. Chestnut Corporation cannot take any responsibility for the security of information transmitted over Chestnut Corporation's facilities.
Chestnut Corporation will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Chestnut Corporation may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Chestnut Corporation 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. Chestnut Corporation 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, Chestnut Corporation may disclose subscriber information or information transmitted over its network where necessary to protect Chestnut Corporation and others from harm, or where such disclosure is necessary to the proper operation of the system.
Finally, Chestnut Corporation wishes to emphasize that in signing the service agreement, subscribers indemnify Chestnut Corporation for any violation of the service agreement, law, or Chestnut Corporation policy, that results in loss to Chestnut Corporation or the bringing of any claim against Chestnut Corporation by any third-party. This means that if Chestnut Corporation is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Chestnut Corporation, plus costs and legal fees.
Any complaints about a subscriber's violation of this OCP should be sent to firstname.lastname@example.org