Acceptable Usage Policy
Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your Software Products Internet Services account. Reports of activity in violation of this policy may be sent via e-mail to firstname.lastname@example.org and appropriate action will be taken.
This document is divided into the following sections:
When you open your Software Products account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. Software Products has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of Software Products Acceptable Use Policy. The following factors guide the establishment and enforcement of Software Products usage policies:
- Ensure reliable service to our customers.
- Ensure security and privacy of our systems and network, as well as the networks and systems of others.
- Comply with existing laws.
- Maintain our reputation as a responsible service provider.
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.
- Preserve the value of Internet resources as a conduit for free expression and exchange of information.
- Preserve the privacy and security of individual users.
Software Products intends to provide its customers access to everything the Internet has to offer. While Software Products is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Software Products and the Internet and cannot be permitted under the guise of free speech, remember this is a private company not a government entity. The resources of Software Products 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 inappropriate use of our service.
If a Software Products account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice and you agree to indemnify Software Products and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, violations of the Acceptable Use Policy could 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.
If you have any questions regarding this policy, please contact us at email@example.com
Software Products customers are prohibited from transmitting on or through any of Software Products services, any material that is, in Software Products sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.
In general, YOU MAY NOT use your Software Products account:
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Software Products account;
- In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of Software Products, its parent, affiliates and subsidiaries;
- To damage the name or reputation of the United States of America, its citizens, residents or lawfully formed companies.
- To break security on any computer network, or to access an account which does not belong to you.
- In any manner which interferes with other customers' use and enjoyment of the services provided by Software Products.
Software Products services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any federal law in the United States, State regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Software Products reserves the right to remove such illegal material from its servers or to immediately terminate your services.
The customer is responsible for keeping his billing data with Software Products up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
Software Products reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.
- Shell accounts may not be used to do any type of compilation of any sort from C, C++ programs;
- IRC is not permitted on any of the accounts given;
- Hacking attempts, scanning will result a termination of your account;
- High load average during your shell session will not be permitted or tolerated;
- Bouncers, BNC are not permitted on shell accounts given;
- Snooping through system files or directories is considered a "hacking" attempt and could result in account termination;
- Shell access is a privilege to use, suspension of shell and/or your complete account could result if abused.
Certain Software Products accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for your guidance.
- We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam could have their account terminated without notice.
- Software Products reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Software Products also reserves the right to make any such modifications in an "emergency" at our sole discretion.
- Software Products reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Software Products. All rights reserved.
- You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers;
- Forging, altering or removing electronic mail headers is prohibited;
- You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing");
- You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages;
- You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings;
- Software Products accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the Acceptable Use Policy of the other service provider;
- If you use the services of another provider to promote a web site hosted by or through Software Products, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.
Mailing Policy and Limits
- Mailing Lists Rules
- Anytime you're sending a mailing list message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to, at the very most, sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to one that dose. We recommend "phplist" which can be found in your control panel under fantastico. If you do not throttle and you try sending, let's say, 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high could be subject to suspension and the process could be terminated. If you choose not to throttle you most likely will be suspended.
- Any mailing list over 500 emails is only allowed to be sent during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1 - 5 am pacific time M-F.
- There is a 240 hourly pop email limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails may bounce back with a undeliverable error.
- Many of our servers have a 30 pop checks per hour limit per email address. If you go over this you may get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as every 5 or 10 minutes.
- Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is considered a violation of this Acceptable Use Policy.
Software Products provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. Software Products will not routinely monitor the contents of your web sites.
You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, Software Products may, at its sole discretion, remove the web site hosted on Software Products servers and terminate your Web Hosting service. You agree to promptly reimburse Software Products for any reasonable expenses it incurs (including attorney's fees) in defending itself from third party claims relating to any of the content, whether created by you, your customers or your users, contained on your website.
You may not use your web site to publish material which Software Products 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, audio recordings, and any thing else that "moves".thru Software Products resources.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Objectionable content is that which may otherwise be legal content with which Software Products concludes, at its sole discretion, it does not want to be associated with in order to protect its reputation and/or brand image, or to protect its employees, shareholders and affiliates.
Some Examples of prohibited web site content:
- Materials which hold Software Products including its affiliates, employees or shareholders up to public scorn or ridicule.
- Materials which hold the United States of America, its citizens, residents or lawfully formed companies up to public scorn or ridicule.
- Materials which encourage the commission of a crime, which tends to incite violence, or which tends to degrade any person or group based on sex, nationality, religion, color, race, age, marital status, sexual orientation, disability or political affiliation.
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 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.
- You must adopt adequate security measures to prevent unauthorized use of your account;
- You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). 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. Software Products 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.
You are responsible for ensuring that the services obtained from Software Products are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from Software Products in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Software Products. Failure to responsibly manage the use of the services obtained from Software Products may be cause for termination of services to you.
- You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner;
- Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Software Products via telephone 24 hours a day, 7 days a week, or account termination/suspension may occur;
- Every customer who allows third party access to the services provided by Software Products, whether such third parties are employees, users or customers, will be responsible for their conduct;
- Every customer must maintain a postmaster address (firstname.lastname@example.org) for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.
- Every customer must maintain a abuse address (email@example.com) for the receipt of complaints by e-mail. Messages delivered to the abuse address must be reviewed and handled in a timely manner.
Software Products 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 performance of Software Products systems or networks. Software Products reserves the right to terminate or limit such activities.
- Users may not initiate the following:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc...
Any activity on our network that is a violation of any federal or state law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:
- Transmitting obscene materials or child pornography;
- Intentionally spreading or threatening to spread computer viruses;
- Gaining or attempting to gain unauthorized access to any network, including Software Products private network infrastructure;
- Accessing or attempting to access information not intended for you;
- Transmitting pirated software;
- Conducting or participating in illegal gambling;
- Soliciting for pyramid and other illegal schemes.
Software Products does not permit any site that contains: (i) images (including images on banner ads) of nude models that are under the age of 18 or appear to be under the age of 18 (in Software Products sole judgment), (ii) sexually explicit images (including images on banner ads) of models that are under the age of 18 or appear to be under the age of 18 (in Software Products sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, Software Products will forward, as soon a practicable, all offenders to the appropriate federal agency.
- Some Examples of unacceptable material:
- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives