Acceptable Use Policy (version 1.1)

Incipio, Inc.
1799 Akron-Peninsula Road, Suite #117
Akron, Ohio 44313
(330) 923-9703

This is Incipio, Inc.'s Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on computers and networks operated by Incipio, Inc. If you have any questions, please contact us at the address listed above.

This AUP is incorporated by reference in your Web Hosting Agreement with Incipio, Inc. and your service may be suspended or terminated for violation of this AUP in accordance with the Web Hosting Services Agreement. You are responsible for violations of this policy by you or anyone using your service, whether authorized by you or not.

Inquiries regarding this policy should be directed to

Internet Abuse
You may not use Incipio's network to engage in illegal, abusive, or irresponsible behavior, including:

You must take reasonable security precautions in light of your use of Incipio services. You are solely responsible for any breaches of security affecting the servers under your control. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.

A compromised server is potentially disruptive to Incipio's network and other customers. Therefore Incipio may take your server off line if it is accessed or manipulated by third party without your consent.

Bulk or Commercial E-Mail
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Incipio's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Incipio's reasonable satisfaction:

These policies apply to messages sent using your Incipio service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Incipio service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Incipio may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your Incipio services.

Offensive Content
You may not publish or transmit via Incipio's network and equipment any content that Incipio reasonably believes:

Content "published or transmitted" via Incipio's network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

Copyrighted Material
You may not use Incipio's network or equipment to download, publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

Incipio may terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Incipio network, please send your written notice of copyright infringement to:

Incipio, Inc.
1799 Akron-Peninsula Road, Suite #117
Akron, Ohio 44313
(330) 923-9703

Your notice must include the following:

Incipio may, without notice to you:


Consequences of Violation of AUP
Incipio may without notice to you, suspend your service or remove any content transmitted via the Incipio service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with Incipio's reasonable investigation of any suspected violation of the AUP. Incipio will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured.

You are strictly responsible for the use of your Incipio service in violation of this AUP, including use by your customers, and including unauthorized use. Incipio will charge you its hourly rate for security breach recovery (currently $250.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Incipio or any of its customers by the use of your service in violation of this AUP, (iii) respond to complaints, and (iv) have Incipio's Internet Protocol numbers removed from any "blacklist" such as SPEWs or other abuse databases.

Amendments to AUP
The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP in accordance with our Master Services Agreement to further detail or describe reasonable restrictions on your use of our services.

Incipio is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Incipio network. Incipio disclaims any obligation to any person who has not entered into an agreement with Incipio for services.