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Date: 01/01/2001

Acceptable Use Policy (AUP)

Important Note: eNicola.com may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the enicola.com Web site. Accordingly, users of the enicola.com services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any service agreement or other terms and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by enicola.com customers can be directed to info @ enicola.com


eNicola.com provides a variety of Internet services ("eNicola.com Services"). For businesses and telecommuters, eNicola.com® Services provide a platform for website and hosting solutions and networked business applications.

Use of the eNicola.com Services is subject to the following rules and guidelines. Each customer of eNicola.com or its distribution affiliates is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY eNicola.com ACCOUNT MANAGEMENT SO THAT THE CUSTOMER'S SERVICE CAN BE CANCELLED.

Illegal Activity

Use of eNicola.com Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy:

  • Prohibited activities include, but are not limited to
  • Posting or disseminating material which is unlawful (such as child pornography or obscene material)
  • Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain
  • Pyramid or other illegal soliciting schemes
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature


You are responsible for any misuse of eNicola.com Services that you have contracted for, even if the inappropriate activity was committed by an employee, customer, consultant, guest, hacker or other individuals who accesses your host space. Therefore, you must take steps to ensure that others do not gain unauthorized access to eNicola.com's Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this Policy.

eNicola.com Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person's or business's computer, software or data, without the knowledge and consent of such person or business. The Services also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a web space or server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

You may not disrupt eNicola.com's Services. You are solely responsible for the security of any device you choose to connect to eNicola.com's Services, including any data stored on that device. eNicola.com recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Electronic Mail

eNicola.com Services may not be used to send unsolicited, bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political, sexual or religious messages. Such messages may only be sent to those who have explicitly requested them. eNicola.com Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.

eNicola.com Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses eNicola.com Services. Forging, altering or removing electronic mail headers is prohibited.

"Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.

eNicola.com is not responsible for the forwarding of email sent to any customer's service which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at eNicola.com's sole discretion.

Any violation of this policy will result in immediate termination of your account and the forfeiture of any hosting fees already paid.

Internet Relay Chat

eNicola.com Services may be used to participate in "chat" discussions. In all cases, eNicola.com does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat.

eNicola.com Services may not be used to perform chat "flooding." Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Forging, altering, or obscuring your identity (other than using a nickname from which eNicola.com could if necessary determine your real name) while participating in chat sessions is forbidden.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on eNicola.com Services.

Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of eNicola.com Services, nor represent (in the sole judgment of eNicola.com) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede eNicola.com's ability to deliver our Services and monitor our Services, backbone, and/or other host services.

Termination of Service and Limitation of Liability

eNicola.com reserves the right to terminate service of any account on either our shared, co-location or dedicated servers for any reason. By signing up for eNicola.com Hosting services, you the client agree to hold eNicola.com completely free from any and all liability related to both the operation and termination of services including but not limited to loss of revenue, loss of access to resources, security breach of sensative information, costs associated with transfering the account to another provider, repair cost, hacks or other malicous server attacks, or development costs.

Violation of Acceptable Use Policy

eNicola.com does not routinely monitor the activity of services used by customer for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although eNicola.com has no obligation to monitor Services provided and/or the network, eNicola.com and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and eNicola.com customers.

eNicola.com prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our Services are used in a way which eNicola.com or its distribution affiliates, in their sole discretion, believe violate this Policy, eNicola.com or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by eNicola.com. Neither eNicola.com nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not eNicola.com's exclusive remedies and eNicola.com may take any other legal or technical action it deems appropriate.

The failure of eNicola.com or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Virginia, City of Lynchburg.

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