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ACCEPTABLE USE POLICY (AUP)
Background:
From time to time NeoCurve.com Managed Hosting
may impose reasonable rules and regulations
regarding the use of its services. Such rules
and regulations are called Acceptable Use
Policies (AUPs) and are posted on the Internet
here. The AUPs are
not exhaustive and NeoCurve.com reserves the
right to modify the AUPs at any time, effective
upon either the posting of the modified AUPs to
www.NeoCurve.com/terms or notification of the
modified AUPs. By registering for and using the
services, and thereby accepting the terms and
conditions of the Master Services 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 NeoCurve.com 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
NeoCurve.COM. 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
NEOCURVE.COM'S POLICY TO TERMINATE REPEAT
INFRINGERS. NEOCURVE.COM 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 $250
USD per hour. Inquiries regarding security
matters may be directed to
security@NeoCurve.com.
System And Network
Security:
Violations of system or network security are
prohibited, and may result in criminal and civil
liability. NeoCurve.com 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 vulnerability 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,
mailbombing, 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
newsgroup posting.
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 NeoCurve.com. Such labor is
categorized as emergency security breach
recovery and is currently charged at $250 USD
per hour required. Enquiries regarding security
matters may be directed to
security@NeoCurve.com. NeoCurve.com is 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, NeoCurve.com urges
its customers to assume that all of their online
communications are insecure. NeoCurve.com cannot
take responsibility for the security of
information transmitted over NeoCurve.com's
facilities.
Password Protection:
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 NeoCurve.com's service to guess passwords or
to access other systems or networks without
authorization. NeoCurve.com will fully cooperate
with law enforcement authorities in the
detection and prosecution of illegal activity.
Internet Etiquette:
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
NeoCurve.com 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,
tortuous, indecently depicts children or is
likely to result in retaliation against
NeoCurve.com by offended users. NeoCurve.com
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:
The NeoCurve.com 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.
Network Responsibility:
Customers have a responsibility to use the
NeoCurve.com network responsibly. This includes
respecting the other customers of NeoCurve.com.
NeoCurve.com reserves the right to suspend and
or cancel service with any Customer who uses the
NeoCurve.com network in such a way that
adversely affects other NeoCurve.com customers.
This includes but is not limited to:
Attacking or attempting to gain unauthorized
access to servers and services that belong to
NeoCurve.com or its customers (i.e. computer
hacking), and/or
Participating in behavior which result in
reprisals that adversely affect the NeoCurve.com
network or other customers' access to the
NeoCurve.com network.
NeoCurve.com 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, security
hole scanning, port scanning, etc. Any
unauthorized use of accounts or computers by a
NeoCurve.com customer, whether or not the
attacked account or computer belongs to
NeoCurve.com, 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 NeoCurve.com 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.
NeoCurve.com will cooperate fully with any civil
and/or criminal litigation arising from the
violation of this policy.
Lawful Purpose:
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 limited
to: copyrighted material or material protected
by trade secret and other statute or
dissemination of harmful or fradulent content.
Using any NeoCurve.com 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
NeoCurve.com services or products is prohibited.
Using the NeoCurve.com 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 NeoCurve.com network are
open to the public. You are solely responsible
for your usage of the NeoCurve.com network and
servers and any statement you make on servers
hosted within the NeoCurve.com 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 libelous.
NeoCurve.com 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 the NeoCurve.com 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 may be
reported to the
U.S. Customs Agency
at 1-800-BEALERT
Unsolicited Commercial
Email/Unsolicited Bulk Email (UCE/UBE):
Unsolicited commercial email (UCE) is defined by
NeoCurve.com as any electronic communication
(e-mail, ICQ, IRC, Instant Messenger, etc…) sent
for purposes of distributing commercial
information of any kind, soliciting the purchase
or sale of products or services or soliciting
any transfer of funds to a recipient who has not
agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by
NeoCurve.com as any electronic communication
(e-mail, ICQ, IRC, Instant Messenger, etc…) to
multiple recipients who have not agreed to
receive such communication.
Use of the NeoCurve.com network, servers or
services to transmit any unsolicited commercial
or unsolicited bulk-e-mail is expressly
prohibited, as is hosting web sites or services
on a server which are advertised in any UCE/UBE.
NeoCurve.com also prohibits the sending of any
fraudulent, malicious, harassing, false or
misleading electronic communications, including,
without limitation, chain letters, pyramid
schemes, or e-mails with forged headers. Posting
off-topic advertisements to Usenet discussion
groups, ICQ, Instant Messenger, etc., is also
expressly prohibited. Additionally, NeoCurve.com
customers are expressly prohibited from sending
any UCE/UBE from our network or any email from
another network that in any way references a
document, image, or Web site that resides on the
NeoCurve.com network or in one of our data
centers. Violations of this type may result in
the termination of the offending NeoCurve.com
account. Our customers are ultimately
responsible for any violations of the AUP by
their clients, and any violation of the AUP by a
client of a NeoCurve.com customer shall be
deemed a violation of the AUP by such
NeoCurve.com customer.
Customers whose actions directly or indirectly
result in NeoCurve.com IP space being listed in
any of the various abuse databases may be
subject to having the offending domain(s),
server(s), or user(s) immediately removed from
our network. In addition, if NeoCurve.com in its
sole discretion determines that a customer is in
violation of our AUP, NeoCurve.com may, at its
sole discretion, restrict, suspend or terminate
a customer's account. NeoCurve.com will, in most
cases, attempt to contact a customer prior to
suspension or termination of a server(s), but
can not guarantee prior notification. Any server
suspended or terminated for AUP violations will
be reconnected only after the customer agrees to
cease all activities that violate the
NeoCurve.com AUP and pays all applicable
reconnect fees and related charges. Any server
suspended a second time for AUP violations WILL
be immediately and permanently removed from our
network.
Customers that NeoCurve.com determines in its
sole discretion to be in violation of the
NeoCurve.com AUP may be subject to additional
fees or fines including, without limitation, any
applicable reconnect fees.
Violation of NeoCurve.com's UCE/UBE policy may
be reported to abuse@NeoCurve.com.
Customers seeking to send any permission-based
email marketing should read Guidelines for
Permission-Based Email to see our guidelines for
sending this type of communication.
Guidelines for
Permission-Based Email:
While NeoCurve.com prohibits the use of its
systems or network to send unsolicited email
(UCE/UBE) as described above, customers may send
permission-based email marketing, subject to the
guidelines provided herein. Permission-based
marketing is defined as electronic marketing
that an end user agrees to receive. This is
often referred to as 'opt-in' electronic
marketing. All recipient information for such
marketing conducted by NeoCurve.com customers
must be documented and cataloged by the
customer. This information is to include date,
time, originating IP and the location from which
the email address or other recipient information
was obtained. Additionally, a customer must at a
minimum comply with the following guidelines,
and any additional guidelines established by
NeoCurve.com from time to time in its sole
discretion, to engage in permission-based email
marketing without violating the AUP:
1.
All commercial or bulk email originating from a
NeoCurve.com customer on the NeoCurve.com
network must have a working unsubscribe link.
The customer must honor all requests to
unsubscribe within 72 hours. Additionally, there
must be text in the email stating that while all
requests to unsubscribe are honored, it may take
up to 72 hours to process.
2.
All commercial or bulk email originating from a
NeoCurve.com customer on the NeoCurve.com
network must clearly list the email address to
which the email was originally sent (the
intended recipient's email address) in the body
of the message OR in the 'TO:' line of the
email.
3.
All NeoCurve.com customers sending commercial or
bulk email must have a working abuse@domain.com
address from EVERY domain associated with the
email campaign. Additionally, the abuse@ address
must be prominently posted on the front page of
the associated web site. Customers must
regularly answer any messages sent to the abuse@
address.
4.
All NeoCurve.com customers sending commercial or
bulk email must register the abuse@ address for
every domain associated with commercial email
they send at abuse.net.
5.
All NeoCurve.com customers sending commercial or
bulk email must have a Privacy Policy/AUP posted
for each domain associated with the email
campaign.
6.
All commercial or bulk email sent must include
information about where the email address was
obtained in the body of the email. For example:
"You opted-in to receive this email promotion
from our web site or from one of our partner
sites."
7.
All NeoCurve.com customers sending commercial or
bulk email must answer all complainants'
requests for details regarding where the
complainant "opted-in" to receive electronic
marketing within 72 hours. This information must
include the date, time, originating IP and the
location from which the email address or other
recipient information was obtained. Instructions
on how to get this information must be stated
clearly in the body of the email. For example, a
statement similar to the following must be
present in the body of the email: "If you would
like to learn more about how we received your
email address, please contact us at
abuse@domain.com."
Requests for "opt-in" information must be
responded to within 72 hours.
8.
All NeoCurve.com customers sending commercial or
bulk email must be able to track and identify
anonymous complainants. There are several
software packages (such as RoboMail) that can
help accomplish this.
9.
If a NeoCurve.com customer is using an affiliate
program to send commercial or bulk email through
the NeoCurve.com network and the affiliate
program becomes subject to repeated abuse by
users, the customer must discontinue use of the
affiliate program or be subject to immediate
suspension or cancellation.
10.
All customers of NeoCurve.com are required to
have up-to-date and valid contact information on
file with their registrar for any domain hosted
on the NeoCurve.com network.
Disclaimer:
NeoCurve.com reserves the right to test portions
of any customer's email list in response to
complaints and request opt-in information from a
random sample of that list at any time.
NeoCurve.com reserves the right to determine in
its sole discretion the validity of any
customer's email list. Any list NeoCurve.com
determines in its sole discretion to be in
violation of this AUP must be removed
immediately or the customer will be subject to
immediate suspension or termination. Repeated
violations will result in permanent suspension.
NeoCurve.com reserves the right to test and
otherwise monitor customer's compliance with the
above guidelines and requirements at any time
during the customer's term of service at
NeoCurve.com.
If
NeoCurve.com determines in its sole discretion
that the customer is not in strict compliance
with the guidelines for permission-based e-mail
marketing, then NeoCurve.com may immediately
suspend or terminate the customer's service.
IP Address Overlap:
NeoCurve.com administers the network on which
customer servers reside. The customer cannot use
IP addresses which were not assigned to them by
NeoCurve.com staff. 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.
Billing:
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.
Suspension:
If
NeoCurve.com in its sole discretion determines
that a customer's server has become the source
or target of any violation concerning the
NeoCurve.com Acceptable Use Policy (AUP),
NeoCurve.com reserves the right to suspend
network access to that server. While
NeoCurve.com will attempt to contact the
customer before suspending network access to the
customer's server(s), prior notification to the
customer is not assured. In certain cases,
NeoCurve.com will contact law enforcement and
other agencies regarding these activities.
Customers are responsible for all charges, as
well as any fees relating to the investigation,
suspension, administration and handling of their
servers before, during and after the suspension
period.
Cancellation:
NeoCurve.com 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 contacted regarding the
activity. All fees paid in advance of
cancellation will be prorated and paid by
NeoCurve.com if NeoCurve.com institutes its
right of cancellation. Any violation of policies
which results in extra costs will be billed to
the customer (i.e. transfer, space etc.).
Indemnification:
NeoCurve.com wishes to emphasize that in signing
the Master Services Agreement or its equivalent,
customer indemnifies NeoCurve.com for any
violation of the Master Services Agreement or
its equivalent, law or AUP that results in loss
to NeoCurve.com or the bringing of any claim
against NeoCurve.com by any third-party. This
means that if NeoCurve.com is sued because of a
customer's or a customer of a customer's
activity, the customer will pay any damages
awarded against NeoCurve.com, plus costs and
reasonable attorney's fees.
Disclaimer of
Responsibility:
NeoCurve.com is 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 AUPs to
monitor or police Internet-related activities.
NeoCurve.com 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 policy.
All Sub-Networks, resellers and managed servers
of NeoCurve.com 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 PARTY
ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS
OF THESE AUPs BY YOU.
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