Volume III - Issue I - January 2003
Legal Brief
Adult Material Not Allowed on EZ-NetTools
Joseph West
Vice President, EZ-NetTools

We have become aware of sites hosted on the EZ-NetTools servers that have violated the terms and conditions of our agreement. The violation in these cases has been the display of adult pictures and adult material on the website. When I contacted one of the web masters to talk about this issue, he indicated that he had reviewed our Terms and Conditions and had not interpreted them the way we had intended. He suggested that we clarify our position. The purpose of this article is to follow his suggestion and elucidate our interpretation.

Terms and Conditions

It is easy to find our Terms and Conditions. There are links to the Terms and Conditions on the bottom of the main menu of EZ-NetTools. The section of interest for this article is Paragraph 2 - Member Responsibilities. I have copied that section below. PLEASE NOTE THAT WE HAVE SLIGHTLY CHANGED THE WORDING AND PUNCTUATION TO MAKE THIS CLAUSE MORE PRECISE.

Members are expressly prohibited from using EZ-Net Tools to post or display any material or information that (a) is unlawful, inaccurate, threatening, libelous, obscene, profane, sexually offensive or objectionable material, (b) infringes any intellectual property rights or other rights of any person or entity, (c) constitutes a criminal offense, (d) gives rise to civil liability, or (e) engages in any other form of activity that would otherwise violate any local, state, national or international law. Members are expressly prohibited from using EZ-Net Tools to send email that would be considered "spam" or to display any EZ-Net Tools URL or address in email that may be considered to be spam".

The wording we are addressing in this article is the prohibition on ". . .sexually offensive, or objectionable information. . . "

Definition of sexually offensive or objectionable information.

To define sexually offensive or objectionable material, the standard of measure we have adopted at EZ-NetTools is the JC Penney catalog issued in 2002. Pictures or wording of the nature found in this catalog is acceptable.

Let us give you some examples of material that we have found sexually offensive and objectionable and should not be posted or displayed on sites hosted by EZ-NetTools. A picture displaying a rear view of a woman wearing a thong is unacceptable. While thongs can be viewed in the JC Penney catalog, there are no rear views of a person wearing thongs. More clear cut examples are pictures of naked men or women. Bare or only barely concealed women's breasts are not acceptable. Views of men or women's genitals are not acceptable. Pictures of naked or partially clothed children or teens are not acceptable.

Please ensure compliance with our terms and conditions by not posting sexually offensive or objectionable material or information. If you find yourself asking whether material or information may be sexually offensive or objectionable, it probably is and it should not be posted or displayed.

How EZ-NetTools responds to violations of Terms and Conditions.

When we discover an account that has violated our Terms and Conditions Agreement, we try to contact the owner of the account. We will use email, regular mail, or telephone. In our communication we will allow 10 days for the reseller to respond to our request. If we do not receive a response after 10 days and the violation continues, we will make another attempt to contact the owner of the account. In the past we have come to an understanding with the owner and resolved the issue. However, if we cannot reach the owner or the material is not removed, then we will remove the offensive material.


We hope that by being more clear about how we judge sexually offensive and objectionable pictures and information, we can avoid misunderstandings in the future. If you have any questions or would like to discuss your particular situation, feel free to contact me by phone or email.