Internet
Etiquette
Each Customer is expected execute reasonable Internet
etiquette (Netiquette), the accepted behavior and expectations
of the Internet community. The Customer will comply
with the rules appropriate to any network to which Company
may provide access. The Customer should not post, transmit,
or permit Internet access to information the Customer
desires to keep confidential. The Customer is not permitted
to post any material that is illegal, libelous, and
tortuous, indecently depicts children or is likely to
result in retaliation against Company by offended users.
Company reserves the right to refuse or terminate service
at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear
violation of the policies of the IRC channel or USENET
group.
Child Pornography
Company will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection
Act of 1984 concerning child pornography. Customers
are ultimately responsible for the actions of their
clients over Company network, and will be liable for
illegal material posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type
of visual presentation that shows a person who is or
is depicted as being under the age of eighteen years
and is engaged in or is depicted as engaged in explicit
sexual activity, or the dominant characteristic of which
is the depiction, for a sexual purpose, of a sexual
organ or the anal region of a person under the age of
eighteen years or any written material or visual representation
that advocates or counsels sexual activity with a person
under the age of eighteen years.
Violations of the Child Protection Act should be reported
to the U.S. Customs Agency at 1-800-BEALERT.
Copyright Infringement
Company datacenter infrastructure including network,
leased hardware, co-location services, and other hardware
located in the facility may only be used for lawful
purposes. Transmission, distribution, or storage of
any information, data or material in violation of United
States or state regulation or law, or by the common
law, is prohibited. This includes, but is not limited
to, material protected by copyright, trademark, trade
secret, or other intellectual property rights; including
creating, utilizing, distributing unauthorized copies
of software, or the use of BitTorrent or other types
of technologies utilized in the distribution of illegally
copied materials. If Customer copies, distributes or
installs software in defiance of the license agreement,
Customer is violating federal copyright law. Company
will cooperate with all law enforcement agencies in
relation to alleged copyright infringement housed in
our datacenters.
Hosting Policy
Data Unlawful or Against the AUP: Promoting violation
of the law or the AUP by hosting data that facilitates
the violation is prohibited, including but not limited
to:
- Hosting web pages that detail the methodology
of committing unlawful acts, or acts violating this
AUP.
- Hosting software, scripts, or other resources
intended to facilitate committing unlawful acts,
or acts violating this AUP.
- Advertising, transmitting, storing, or using
any software, script, program, product, or service
designed to violate this AUP.
- Harvesting. The collection of email addresses,
credit card information, or other personal information
for fraudulent use or sale is prohibited.
- Phishing. Hosting web pages with forwards to,
containing scripts or executables for, or any other
component of an operation designed to fraudulently
collect authentication, credit card, names, addresses,
or any other personal data (“phishing”)
is not permitted.
- Spamvertised Sites. Hosting web pages advertised
by spam sent from another network (“spamvertised”)
is not permitted.
Email Policy
Email Spam. Company has a zero stance policy on SPAM,
Junk E-mail or UCE. Spam, Junk-mail and UCE are defined
as: the sending of the same, or substantially similar,
unsolicited electronic mail messages, whether commercial
or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not
requested or invited the message. UCE also includes
e-mail with forged headers, compromised mail server
relays, and false contact information. This prohibition
extends to the sending of unsolicited mass mailings
from another service, which in any way implicates the
use of Company whether or not the message actually originated
from our network.
Block Removal. If Customer actions have caused Company
mail servers or Company IP address ranges to be placed
on black hole lists and other mail filtering software
systems used by companies on the internet, Customer
will be assessed a $100 charge to Customer account and
$100 per hour for administrative charges incurred to
remove and protect mail servers and IP ranges.
- Drop-Box Accounts. Using this network for the
receipt of replies to unsolicited mass email (spam)
sent from a third-party network is prohibited.
- Header Forgery: Forgery of email headers (“spoofing”)
is prohibited.
- Proxy Spamming: Spamming via third-party proxy,
aggregation of proxy lists, or installation of proxy
mailing software is prohibited.
- Relaying. Configuration of a mail server to accept
and process third-party messages for sending without
user identification and authentication is prohibited.
Mass Mailings:
Sending mass unsolicited email is considered spam. Unsolicited
email is defined as email sent to a recipient who has
not double-opted in to mailings from the Customer. Senders
of mass mailings must maintain complete and accurate
records of all opt-ins, including the email and its
headers if applicable, and provide such records to Company
upon request. If positive and verifiable proof of opt-in
cannot be provided, complaints from recipients of the
mailing are considered proof they did not subscribe
and the mailing is unsolicited.
Mailing Lists: Company's
mass mailing rules also apply to mailing lists, list
servs, or mailing services contracted for by Customer.
The policy is stated as follows: An acceptable mailing
list will be focused at a targeted audience that has
voluntarily signed up for e-mail information using a
double opt-in process or that has made their e-mail
address available to Customer for distribution of information.
The list must also allow for automatic removal by all
end Customers with non-distribution in the future.
Fraud Policy
By agreeing to this AUP, Customer affirms that the contact
and payment information provided to Company identifies
Customer and that Customer is authorized to use the
payment method. Commitment of fraud, obtaining services,
or attempting to obtain services by any means or device
with intent to avoid payment is prohibited.
