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vProServers.Com (AUP) - Acceptable Use Policy
vProServers.Com's
Acceptable Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what vProServers expects of them
while using the service. All users of vProServers.Com's Internet
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 vProServers
Service constitutes acceptance and agreement to vProServers.Com's
AUP as well as vProServers.Com's TOS (Terms
of Service)
IMPORTANT NOTICE: *All Payments To vProServers Are Non-Refundable*
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. vProServers 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 vProServers account
or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended
to provide a basic understand of vProServers.Com's Acceptable Use
Policy. The following are guidelines for the establishment and enforcement
of vProServers.Com's AUP:
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Ensure reliable
service to our customers
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Ensure security
and privacy of our systems and network, as well as the networks
and systems of others
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Comply with
existing laws
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Maintain our
reputation as a responsible service provider
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Encourage responsible
use of the Internet and discourage activities which reduce
the usability and value of Internet services
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Preserve the
value of Internet resources as a conduit for free expression
and exchange of information
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Preserve the
privacy and security of individual users
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vProServers
intends to provide its customers access to everything the
Internet has to offer. While the vProServers is firmly committed
to the principles of free speech, certain activities that
may be damaging to the resources of both the vProServers and
the Internet cannot be permitted under the guise of free speech.
The resources of the vProServers 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 any inappropriate
use of our services.
You may not use your
dedicated rack or virtual site to publish material, which vProServers.Com
determines, at its 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 a vProServers account
is used to violate the AUP, or our TOS, we reserve
the right to terminate your service without notice. We prefer to
advise customers of any inappropriate behavior and take necessary
corrective action, however, flagrant violations of the AUP 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 VPROSERVERS.COM
ACCEPTABLE USE POLICY
The following constitute
violations of this AUP:
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Illegal Use:
vProServers.Com's services may not be used for illegal purposes,
or in support of illegal activities. vProServers reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime
or civil wrongdoing.
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Harm To Minors:
Use of the vProServers service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
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Threats: Use
of the vProServers service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
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Harassment:
Use of the vProServers service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
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Fraudulent Activity:
Use of vProServers 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."
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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
remailers or nicknames does not constitute impersonation.
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Hosting Services:
Offering of hosting services is not permitted, except on dedicated
servers; or by those subscribing to a Reseller Plan.
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Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM). Use of
the vProServers 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 vProServers 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 at such
time, you agree to remove ANY and ALL traces of the offending material.
Immediately upon reconnection, you must 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.
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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 vProServers account.
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E-mail / Message
Forging: Forging any message header, in part or whole, of
any electronic transmission, originating or passing through
the vProServers service is in violation of this AUP.
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Usenet SPAMing:
vProServers has 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.
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Unauthorized
Access: Use of the vProServers service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of vProServers.Com's 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 vProServers account is subject to immediate
termination.
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Copyright or
Trademark Infringement: Use of the vProServers 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.
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Collection of
Personal Data: Use of the vProServers service to collect,
or attempt to collect, personal information about third parties
without their knowledge or consent.
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Network Disruptions
and Unfriendly Activity: Use of the vProServers service for
any activity which affects the ability of other people or
systems to use vProServers 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.
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. vProServers
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.
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Fraud: Involves
a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving
it will act upon it.
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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.
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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.
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Inappropriate
Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using
vProServers services could result in suspension service.
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Third
Party Accountability: vProServers subscribers will be held
responsible and accountable for any activity by third parties,
using their account, that violates guidelines created within
the AUP.
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Violation of
vProServers Virtual Accounts: It is absolutely forbidden to
host pornographic content or IRC servers on Virtual Server
or shared hosting Accounts. Virtual Server or shared hosting
Accounts found hosting this material will be subject to immediate
cancellation without refund.
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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.
Security
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. Your password provides access
to your account. It is your responsibility to keep your password
secure.
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.
Attempting to obtain
another user's account password is strictly prohibited, and may
result in termination of service.
You must adopt adequate
security measures to prevent or minimize unauthorized use of your
account.
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.
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.
Users who violate
systems or network security may incur criminal or civil liability.
vProServers 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
Some vProServers 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 which negatively impact other customers or the performances
of vProServers systems or networks. vProServers reserves the right
to terminate or limit such activities.
REPORTING VIOLATIONS
OF VPROSERVERS AUP
vProServers requests
that anyone who believes that there is a violation of this AUP direct
the information to the Abuse Department in our contact form.
If available, please
provide the following information:
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The IP address
used to commit the alleged violation
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The date and
time of the alleged violation, including the time zone or
offset from GMT
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Evidence of
the alleged violation
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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.
vProServers may take
any one or more of the following actions in response to complaints:
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Issue written
or verbal warnings
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Suspend the
Member's newsgroup posting privileges
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Suspend the
Member's account
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Terminate the
Member's account
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Bill the Member
for administrative costs and/or reactivation charges
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Bring legal
action to enjoin violations and/or to collect damages, if
any, cause by violations
REVISIONS TO THIS
ACCEPTABLE USE POLICY
vProServers reserves
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).
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