Acceptable Use Policy
Background
AdeptHosting.co.uk's Acceptable Use Policy (AUP) is
designed to provide a clear understanding of the rules,
regulations and restrictions regarding the use of
AdeptHosting.co.uk's services. From time to time AdeptHosting.co.uk
may impose reasonable rules and regulations regarding
the use of its services. The AUPs are not exhaustive
and AdeptHosting.co.uk reserves the right to modify
the AUPs at any time, effective upon either the posting
of the modified AUPs to www.AdeptHosting.co.uk 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 AdeptHosting.co.uk
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 AdeptHosting.co.uk.
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 AdeptHosting.co.uk'S
POLICY TO TERMINATE REPEAT INFRINGERS. AdeptHosting.co.uk
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. Enquiries regarding
security matters may be directed to abuse@AdeptHosting.co.uk
System And Network Security Violations of system or
network security are prohibited, and may result in
criminal and civil liability. AdeptHosting.co.uk 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. 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
AdeptHosting.co.uk. Such labor is categorized as emergency
security breach recovery and is currently charged
at $195 USD per hour required. Enquiries regarding
security matters may be directed to abuse@AdeptHosting.co.uk.
AdeptHosting.co.uk 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, AdeptHosting.co.uk urges its customers
to assume that all of their online communications
are insecure. AdeptHosting.co.uk cannot take responsibility
for the security of information transmitted over AdeptHosting.co.uk'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 AdeptHosting.co.uk's service
to guess passwords or to access other systems or networks
without authorization. AdeptHosting.co.uk will fully
cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
Contact Information
Customers are responsible for maintaining their contact
information in the ticketing system such that the
email address is always reachable even in the event
of their AdeptHosting.co.uk servers being shut down.
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 AdeptHosting.co.uk 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 AdeptHosting.co.uk
by offended users. AdeptHosting.co.uk 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 AdeptHosting.co.uk 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 Millenium
Copyright Act (the "DMCA"), please send
DMCA notifications of claimed copyright infringements
to abuse@AdeptHosting.co.uk. AdeptHosting.co.uk will
cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy. Network
Responsibility Customers have a responsibility to
use the AdeptHosting.co.uk network responsibly. This
includes respecting the other customers of AdeptHosting.co.uk.
AdeptHosting.co.uk reserves the right to suspend and
or cancel service with any Customer who uses the AdeptHosting.co.uk
network in such a way that adversely affects other
AdeptHosting.co.uk customers. This includes but is
not limited to: Attacking or attempting to gain unauthorized
access to servers and services that belong to AdeptHosting.co.uk
or its customers (i.e. computer hacking), and/or Participating
in behavior which result in reprisals that adversely
effect the AdeptHosting.co.uk network or other customers'
access to the AdeptHosting.co.uk network. AdeptHosting.co.uk
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 AdeptHosting.co.uk
customer, whether or not the attacked account or computer
belongs to AdeptHosting.co.uk, 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 AdeptHosting.co.uk
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.
AdeptHosting.co.uk 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 AdeptHosting.co.uk 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 AdeptHosting.co.uk services or products is prohibited. Using the AdeptHosting.co.uk 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 AdeptHosting.co.uk network are open to the public. You are solely responsible for your usage of the AdeptHosting.co.uk network and servers and any statement you make on servers hosted within the AdeptHosting.co.uk 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.
Child Pornography on the
Internet
Our policy on child pornography is zero tolerance.
AdeptHosting.co.uk 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 AdeptHosting.co.uk 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
Adult Content on the Internet
AdeptHosting.co.uk will provide notification and will
inform any customers in writing of improper materials
on our servers. However, AdeptHosting.co.uk reserves
the right to disconnect any customers immediately.
Commercial Advertisements
with E-mail
AdeptHosting.co.uk takes a zero tolerance approach
to the sending of Unsolicited Commercial E-mail (UCE)
or SPAM over our network. Very simply, this This means
that customers of AdeptHosting.co.uk may not use or
permit others to use our network to transact in UCE.
Customers of AdeptHosting.co.uk 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
both 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.
Customers of AdeptHosting.co.uk 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
the AdeptHosting.co.uk network, it is advisable that
Customers develop a similar, or stricter, policy for
their clients. Violation of AdeptHosting.co.uk's SPAM
policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, AdeptHosting.co.uk
will initiate an immediate investigation (within 48
hours of notification). During the investigation,
AdeptHosting.co.uk may restrict customer access to
the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, AdeptHosting.co.uk
may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, AdeptHosting.co.uk
reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated
policy violation. AdeptHosting.co.uk will notify law
enforcement officials if the violation is believed
to be a criminal offense. Violation of AdeptHosting.co.uk's
SPAM policy may be reported to abuse@AdeptHosting.co.uk
IP Address Overlap
AdeptHosting.co.uk administers the network on which
customer servers reside. The customer cannot use IP
addresses which were not assigned to them by AdeptHosting.co.uk
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.
IRC
AdeptHosting.co.uk does not allow the use of IRC on
the AdeptHosting.co.uk 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.
Network Performance
AdeptHosting.co.uk 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 are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session
time. You may not use resource-intensive programs,
such as peer-to-peer or audio/video streaming applications,
which negatively impact other customers or the performance
of AdeptHosting.co.uk systems or networks. AdeptHosting.co.uk
reserves the right to terminate or limit such activities.
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
AdeptHosting.co.uk reserves the right to suspend network
access to any customer if, in the judgment of the
AdeptHosting.co.uk 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 AdeptHosting.co.uk 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 were suspended.
Cancellation
AdeptHosting.co.uk 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 AdeptHosting.co.uk 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
AdeptHosting.co.uk wishes to emphasize that in signing
the Master Services Agreement or its equivalent, customer
indemnifies AdeptHosting.co.uk for any violation of
the Master Services Agreement or its equivalent, law
or AUP that results in loss to AdeptHosting.co.uk
or the bringing of any claim against AdeptHosting.co.uk
by any third-party. This means that if AdeptHosting.co.uk
is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages
awarded against AdeptHosting.co.uk, plus costs and
reasonable attorney's fees.
Disclaimer of Responsibility
AdeptHosting.co.uk is under no duty to look at each
customer's or user's activities to determine if a
violation of the AUPs has occured, nor do we assume
any responsibility through our AUPs to monitor or
police Internet-related activities. AdeptHosting.co.uk
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
AdeptHosting.co.uk 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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