Acceptable Usage Policy
Our Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear understanding of what we expect of them
while using the service. All users of our services: those who access some of our
Services but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of our Service constitutes acceptance and
agreement to The AUP as well as The TOS (Terms of Service)
We support the uncensored flow of information and
ideas over the Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial control over the
content of any web site, e-mail transmission, newsgroups, or other material
created or accessible over or through the services, except for certain
proprietary Web sites. However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this AUP. We may cooperate with
legal authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your account or other actions as
detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of
our Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of the AUP:
1. Ensure reliable service to our customers
2. Ensure security and privacy of our systems and network, as well as the
networks and systems of others
3. Comply with existing laws
4. Maintain our reputation as a responsible service provider
5. Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
6. Preserve the value of Internet resources as a conduit for free
expression and exchange of information
7. Preserve the privacy and security of individual users
We intend to provide our customers access to everything the
Internet has to offer. While we are firmly committed to the principles of free
speech, certain activities that may be damaging to the resources of both us and
the Internet and cannot be permitted under the guise of free speech. The
resources of us and the Internet are limited, and abuse of these resources by
one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation of billing records.
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 service.
You may not use your dedicated rack or virtual site to
publish material, which we determine, at our sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material" refers to all
forms of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs, video
recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use Policy
will result in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right to
do so at any time.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions regarding this policy,
please contact us.
Violations of the Acceptable Use Policy
The following constitute violations of this AUP:
1. Illegal use: Our services may not be used for illegal
purposes, or in support of illegal activities. We reserve the right to cooperate
with legal authorities and/or injured third parties in the investigation of any
suspected crime or civil wrong doing.
2. Harm to minors: Use of our service to harm, or attempt to
harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of our service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
4. Harassment: Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of our service to make fraudulent
offers to sell or buy products, items, or services, or to advance any type of
financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers or
other identifying information is prohibited. The use of anonymous re-mailers or
nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM): Use of our service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violations of this type will result in the
immediate termination of the offending account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support spammers
or cause any of our IP space to be listed in any of the
various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second violation
WILL be immediately and permanently removed from our network without
notice.
8. E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the immediate
termination of the offending account.
9. E-mail / Message Forging: Forging any message header, in
part or whole, of any electronic transmission, originating or passing through
our service is in violation of this AUP.
10. Usenet SPAMing: We have a zero tolerance policy for the
use of its network for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of our service to access, or to
attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of ours or another entity's computer software or
hardware, electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of data, is
expressly prohibited and the offending account is subject to immediate
termination.
12. Copyright or trademark infringement: Use of the service
to transmit any material (by e-mail, uploading, posting or otherwise) 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.
13. Collection of personal data: Use of the service to
collect, or attempt to collect, personal information about third parties without
their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the
service for any activity which affects the ability of other people or systems to
use our Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited. If your
account is the cause of a CPU overloaded, you will be suspended and charged a
25$ fee to re-activate your account. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A Subscriber may not,
through action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through action
or inaction, to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. We will not tolerate any
subscriber attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results in corruption or
loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person receiving it
will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are prohibited. Such an offense will
result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any
device that would facilitate a continued connection, i.e. pinging, while using
our services could result in suspension of service.
19. Third Party Accountability: Our subscribers will be held
responsible and accountable for any activity by third parties, using their
account, that violates guidelines created within the Acceptable Use Policy.
20. Violation Of our Virtual Accounts: It is absolutely
forbidden to host pornographic content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting this material will be subject to
immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC
server that is part of or connected to another IRC network or server. Servers
found to be connecting to or part of these networks will be immediately removed
from our network without notice. The server will not be reconnected to the
network until such time that you agree to completely remove any and all traces
of the irc server, and agree to let us have access to your server to confirm
that the content has been completely removed. Any server guilty of a second
violation will result in immediate account termination.
22. Unlimited Accounts: Unlimited Accounts are indeed
unlimited. These accounts are not to be used to host a collection of MP3's,
Warez, image hosting or gaming sites, giving away free hosting is cause for
immediate termination, or to Backup Your Home Computer. These accounts may also
not be used as a download distribution point for your bundled software. It is to
be used for standard web practices and only standard web practices. If you have
a questionable concern please contact us. If you know your site is going to use
an un-normal usage, and sign up knowing this, we will require you to get a
dedicated server. If you have any questions in regards to this please contact
us. Un-Normal usage is anything that a shared server would not be able to
provide. Again, contact us for approval if you feel you will fall into this
clause.
23. Resellers: We do not currently offer reseller accounts. However,
if we did, resellers are responsible for enforcing the
AUP and TOS to all of their clients. If their clients
are found to be not following them, We will suspend the
offending site and let the reseller know. If this continues
to happen, Resellers main account will be suspended without
notice and charged a 25$ admin fee to re-establish service.
Resellers are responsible for anything their clients
do. If you have any questions or concerns in regards
to what is allowed and not allowed please contact us.
24. Streaming Video and Audio: Streaming Video and Audio is
not permitted on our servers. You must zip the content to prevent this if you
wish to have it hosted, and as everything else this content must be legal
content and can not have someone else's copyright.
25. Egg Drop - Egg Drop Scripts are Not allowed, These are
grounds for immediate account deletion without a refund.
26. Legal - If it is not legal in the United States of
America, It is not permitted to reside on our server. If found, the account will
be suspended.
27. Adult Material - Adult Material is not allowed, unless
specified in your package deal or in the auction you
may have bought from. Sites that contain adult material
that is not on an adult approved server/package, will be suspended.
28. Chinese Forums - Chinese Forums are not allowed on our
network. These sites require to much CPU usage. They almost require a dedicated
server to run properly. If they are found on any server we will suspend them,
and charge an admin fee if they are the cause of a CPU overloaded. Admin charges
are usually about 25$ Per Hour.
29. ANIME - Anime Sites are not allowed on our network. If an
Anime Site is found we will terminate the account. These sites are not allowed
on the server because about 95% of them are illegal.
30. Other examples of unacceptable material include:
IRC Bots, Shoutcast, Torrents, Torrent Trackers, Torrent
Clients, Teamspeak, Proxy Scripts / Anonymizers, Pirated Software
/ Warez, ".img" / image hosting
only sites that do not host an actual domain name, image, filedump, or banner-ad
services (similar to rapidshare, photobucket, or commercial banner ad rotation),
topsites, commercial audio streaming (more than one or two streams), locally
hosted chat scripts, sale of any controlled substance, alcohol, or tobacco
without prior proof of appropriate permit(s), IP Scanners, Brute Force Programs,
Mail Bombers and Spam Scripts, Escrow, High-Yield Interest Programs(HYIP) or
related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or
sites promoting illegal activities.
Security
1. You are responsible for any misuse of your account, even
if the inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized access to
another network or server.
2. Your password provides access to your account. It is your
responsibility to keep your password secure.
3. Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others from using your
account since you will be held responsible for such use.
4. Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of service.
5. You must adopt adequate security measures to prevent or
minimize unauthorized use of your account.
6. You may not attempt to circumvent 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 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
is prohibited. Examples of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing tools.
7. You may not attempt to interfere with service to any user,
host or network ("denial of service attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
8. Users who violate systems or network security may incur
criminal or civil liability. We will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected criminal
violations.
Network Performance
Our accounts operate on shared resources. Excessive use or
abuse of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result in
suspension and/or termination of your account without notice. If your account is
suspended and we decide to re-activate, you will be charged a 25$ fee before we
do so.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the
performances of our systems or networks. We reserve the right to terminate or
limit such activities.
Reporting Violations of the AUP
We request that anyone who believes that there is a violation
of this AUP direct the information to us by email immediately.
If available, please provide the following information:
1. The IP address used to commit the alleged violation
2. The date and time of the alleged violation, including the time zone or
offset from GMT
3. Evidence of the alleged violation:
E-mail with full header information provides all of the above, as do system log
files. Other situations will require different methods of providing the above
information. We may take any one or more of the following actions in response to
complaints:
4. Issue written or verbal warnings
5. Suspend the Member's newsgroup posting privileges
6. Suspend the Member's account
7. Terminate the Member's account
8. Bill the Member for administrative costs and/or reactivation charges
9. Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations
Revisions to this Acceptable Use Policy
We reserve the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our other policies and agreements at
any time and in any manner. Notice of any revision, amendment, or modification
will be posted in accordance with our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments Are
Non-Refundable* |