ACCEPTABLE USE POLICY (AUP)
Acceptable Use Policy (AUP) is designed to provide a clear understanding of the
rules, regulations and restrictions regarding the use of services. From time to time
we may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and
we reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs or notification
of the modified AUPs.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of
Service Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any
violation of the AUPs may result in the suspension or termination of your account or such other action as
we deems appropriate. An unlisted activity may also be a violation of the AUPs if it is
illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service
resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE
TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM US. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE
SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT
THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS
OUR'S POLICY TO TERMINATE REPEAT INFRINGERS. WE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a
customer's server is involved in an attack on another server or system, it will be shut down and an
immediate investigation will be launched to determine the cause/source of the attack. In such event, the
customer is responsible for the cost to rectify any damage done to the customer's server and any other
requirement affected by the security breach. The labor used to rectify any such damage is categorized as
emergency security breach recovery and is currently charged at $195 USD per hour.
System And Network Security Violations of system or network security are prohibited, and may result in
criminal and civil liability. We may investigate incidents involving such violations and may
involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or
network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan
or test the vu Inerability of a system or network or to breach security or authentication measures
without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization
of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a
High-risk services, which are services which tend to attract denial of service attacks, are strictly
prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any
damage done to the operation of the network and business operations supported by the network, and to
respond to complaints incurred by us. Such labor is categorized as emergency security
breach recovery and is currently charged at $195 USD per hour required.
We are concerned with the privacy
of online communications and web sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence, however,
we urges its
customers to assume that all of their online communications are insecure.
take responsibility for the security of information transmitted over our
The customer is responsible for protecting customer's password and for any authorized or unauthorized use
made of customer's password. The customer will not use or permit anyone to use
our service to guess passwords or to access other systems or networks without
We will fully cooperate with law enforcement authorities in the detection and
prosecution of illegal
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The
customer will comply with the rules appropriate to any network to which
we 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
offended users. We 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.
Copyright Infringement - Software Piracy Policy
Our network 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. Making unauthorized copies of software is a violation of
the law, no matter how many copies you are making. If you copy, distribute or install the software in ways
that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or
your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or
receive up to 5 years in jail. In compliance with the Digital Millennium Copyright Act (the
Network Responsibility Customers have a responsibility to use our network
responsibly. This includes respecting the other customers of us. We reserves the right to suspend and or cancel service with any Customer who uses
our network in such a way that adversely affects other our customers. This includes but is not
Attacking or attempting to gain unauthorized access to servers and services that belong to
us or its customers (i.e. computer hacking), and/or
Participating in behavior which results in reprisals that adversely affect
our network or other customers' access to our network.
We will react strongly to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking
other people into releasing their passwords), password robbery, and security hole scanning, port
scanning , etc. Any unauthorized use of accounts or computers by our customer, whether or not
the attacked account or computer belongs to us, will result in severe action taken
against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or
criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm
to a server, or customer, of us is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion
Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. We will cooperate fully with any civil
and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not
Copyrighted material or material protected by trade secret and other statute or
dissemination of harmful or fraudulent content.
Using any of our service or product for the purpose of participating in any activity dealing
with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in
connection with use of our services or products is prohibited. Using our
network to solicit the performance of any illegal activity is also prohibited, even if the activity
itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally
distributed, even without the act of distribution, is prohibited.
Servers hosted within our network are open to the public. You are solely responsible for
your usage of the our network and servers and any statement you make on servers
hosted within the network may be deemed "publication" of the information entered.
Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. We 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
our network, and will be liable for illegal material posted by their cliente.
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 may be reported to the U.S. Customs Agency at 1-800-BEALERT
Adult Content on the Internet
We will provide notification and will inform any customers in writing of improper materials
on our servers. We reserves the right to disconnect any customers immediately.
Commercial Advertisements with E-mail
We takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail
(UCE) or SPAM over our network. Very simply, this means that our customers
use or permit others to use our network to transact in UCE. Our
customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of
this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless
the individuals have specifically requested to be added to a mailing list on that topic. This includes
commercial advertisements and informational messages sent to recipients via electronic mail (email) as well
as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited
the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a
confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond
with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that
in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In
addition, you must provide at least one easy way to opt out; see the MAPS guidelines
(http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Our customers are strictly prohibited from using or permitting others to use UCE or
SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over
our network, it is advisable that Customers develop a similar, or stricter, policy for their
Violation of our SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, We will initiate an immediate investigation (within 48
hours of notification). During the investigation, we may restrict customer access to the
network to prevent further violations. If a customer is found to be in violation of our SPAM policy,
we may, at its sole discretion, restrict, suspend or terminate customer's account. Further,
we reserves the right to pursue civil remedies for any costs associated with the investigation of a
substantiated policy violation. We will notify law enforcement officials if the violation is
believed to be a criminal offense.
Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also
known as "SPAM") is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF OUR CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH
CUSTOMER OR END USER. WE RESERVE THE RIGHT TO LEVY FINES OF $500 to $5000 US$ PER
INCIDENCE OF ANY VIOLATION OF OUR POLICIES
For Example: If you are hosting a bulk email site on our servers and you use another ISP
to SPAM from in order to reference your site by IP address or domain name, you are
violating our policy and possibly the law. If you have been granted telnet access to
our servers, multiple telnet log-ons are strictly prohibited and you must come from a valid
IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is
a violation of our security policy and against the law. If you have been granted password
privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly
IP Address Overlap
We administers the network on which customer servers reside. The customer cannot use
IP addresses which were not assigned to them by us. Any server found using IPs
which were not officially assigned will be suspended from network access until such time as the IP
addresses overlap can be corrected.
We does not allow the use of IRC on our network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators'
servers will be suspended.
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
termination of your account.
You may not use network-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of our systems or networks.
We reserves the right to terminate or limit such activities.
The customer understands that the customer is responsible for paying for any network resources that are
used to connect the customer's server to the Internet. The customer may request that the customer's server
be disconnected from the Internet, but the customer will still be responsible for paying for any
network resources used up to the point of suspension or cancellation.
We reserves the right to suspend network access to any customer if, in the judgment of
our network administrators, the customer's server is the source or target of the
violation of any of the other terms of the AUPs or for any other reason which
we chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law
enforcement will be contacting regarding the activity. The customer will not be credited for the time the
customer's machines were suspended. The Customer will be credited on a prorated basis based on the
monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines
We reserves the right to cancel service at any time. If inappropriate activity is detected, all
accounts of the customer in question will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity.
All fees paid in advance of cancellation are non-refundable if we institutes its right of
cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer,
The customer acknowledges its indemnification obligations under the our Terms of
Service. Violations of this AUP may result in significant civil and criminal liability of customer.
Disclaimer of Responsibility
We are under no duty to look at each customer's or user's activities to determine if a
violation of the AUPs has occurred, nor do we assume any responsibility through our AUPsto monitor or
police Internet-related activities. We disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other person's or party's violation of this
All Sub-Networks, resellers and managed servers must adhere to the above
policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTYON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY