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This is Ultrapresence Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on the Ultrapresence Network. If you have any questions, please contact us.
TOP Background From time to time Ultrapresence 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 at http://www.ultrapresence.com/policies.php The AUPs are not exhaustive and Ultrapresence reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.ultrapresence.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 Ultrapresence 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 ULTRAPRESENCE. 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 ULTRAPRESENCE'S POLICY TO TERMINATE REPEAT INFRINGERS. ULTRAPRESENCE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. TOP 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. Enquiries regarding security matters may be directed to security@ultrapresence.com. TOP System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Ultrapresence 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:
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 Ultrapresence. 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@ultrapresence.com. Ultrapresence 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, Ultrapresence urges its customers to assume that all of their online communications are insecure. Ultrapresence cannot take responsibility for the security of information transmitted over Ultrapresence's facilities. TOP 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 Ultrapresence's service to guess passwords or to access other systems or networks without authorization. Ultrapresence will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. TOP 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 Ultrapresence 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 Ultrapresence by offended users. Ultrapresence 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. TOP Copyright Infringement - Software Piracy Policy The Ultrapresence network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian Federal or Provincial regulation or law, or United States Federal 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 and/or receive time in jail. Ultrapresence will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. TOP Network Responsibility Customers have a responsibility to use the Ultrapresence network responsibly. This includes respecting the other customers of Ultrapresence. Ultrapresence reserves the right to suspend and or cancel service with any Customer who uses the Ultrapresence network in such a way that adversely affects other Ultrapresence customers. This includes but is not limited to:
Ultrapresence 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 an Ultrapresence customer, whether or not the attacked account or computer belongs to Ultrapresence, 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 Ultrapresence is strictly prohibited. Violations of this policy may be reported directly to the appropriate Canadian or U.S. authority. Ultrapresence will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. TOP 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 Ultrapresence 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 Ultrapresence services or products is prohibited. Using the Ultrapresence 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 Ultrapresence network are open to the public. You are solely responsible for your usage of the Ultrapresence network and servers and any statement you make on servers hosted within the Ultrapresence 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. TOP Child Pornography on the Internet Ultrapresence 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 Ultrapresence network, and will be liable for illegal material posted by their clients. According to the Child Protection Act (U.S.), 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 Royal Canadian Mounted Police in Canada or to the U.S. Customs Agency at 1-800-BEALERT. TOP Unsolicited Commercial E-mail/Unsolicited Bulk E-mail (UCE/UBE) Unsolicited commercial e-mail (UCE) is defined by Ultrapresence 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 Ultrapresence 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 Ultrapresence 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. Ultrapresence 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, Ultrapresence customers are expressly prohibited from sending any UCE/UBE from our network or any e-mail from another network that in any way references a document, image, or Web site that resides on the Ultrapresence network or in one of our data centers. Violations of this type may result in the termination of the offending Ultrapresence 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 an Ultrapresence customer shall be deemed a violation of the AUP by such Ultrapresence customer. Customers whose actions directly or indirectly result in Ultrapresence 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 Ultrapresence in its sole discretion determines that a customer is in violation of our AUP, Ultrapresence may, at its sole discretion, restrict, suspend or terminate a customer's account. Ultrapresence 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 Ultrapresence 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 Ultrapresence determines in its sole discretion to be in violation of the Ultrapresence AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees. Violation of Ultrapresence's UCE/UBE policy may be reported to abuse@ultrapresence.com. Customers seeking to send any permission-based e-mail marketing should read Guidelines for Permission-Based E-mail to see our guidelines for sending this type of communication. TOP Guidelines for Permission-Based E-mail While Ultrapresence prohibits the use of its systems or network to send unsolicited e-mail (UCE/UBE) as described above, customers may send permission-based e-mail 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 Ultrapresence customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the e-mail 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 Ultrapresence from time to time in its sole discretion, to engage in permission-based e-mail marketing without violating the AUP: 1. All commercial or bulk e-mail originating from an Ultrapresence customer on the Ultrapresence 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 e-mail stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process. 2. All commercial or bulk e-mail originating from an Ultrapresence customer on the Ultrapresence network must clearly list the e-mail address to which the e-mail was originally sent (the intended recipient's e-mail address) in the body of the message OR in the 'TO:' line of the e-mail. 3. All Ultrapresence customers sending commercial or bulk e-mail must have a working abuse@domain.com address from EVERY domain associated with the e-mail 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 Ultrapresence customers sending commercial or bulk e-mail must register the abuse@ address for every domain associated with commercial e-mail they send at abuse.net. 5. All Ultrapresence customers sending commercial or bulk e-mail must have a Privacy Policy/AUP posted for each domain associated with the e-mail campaign. 6. All commercial or bulk e-mail sent must include information about where the e-mail address was obtained in the body of the e-mail. For example: 7. All Ultrapresence customers sending commercial or bulk e-mail 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 e-mail address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the e-mail. For example, a statement similar to the following must be present in the body of the e-mail: Requests for "opt-in" information must be responded to within 72 hours. 8. All Ultrapresence customers sending commercial or bulk e-mail must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this. 9. If an Ultrapresence customer is using an affiliate program to send commercial or bulk e-mail through the Ultrapresence 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 Ultrapresence are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Ultrapresence network. Disclaimer · Ultrapresence reserves the right to test portions of any customer's e-mail list in response to complaints and request opt-in information from a random sample of that list at any time. TOP IP Address Overlap Ultrapresence administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Ultrapresence 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. TOP IRC Ultrapresence allows the use of IRC inside the Ultrapresence network as long as the use of IRC on an Ultrapresence server does not violate any of the other terms of this AUP. As a policy, Ultrapresence will not provide vanity IRC reverse DNS records. To enforce this policy Ultrapresence does not turn the reverse address of IPs over to the customer. Authority over this information remains with Ultrapresence. TOP 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. TOP Suspension If Ultrapresence in its sole discretion determines that a customer's server has become the source or target of any violation concerning the Ultrapresence Acceptable Use Policy (AUP), Ultrapresence reserves the right to suspend network access to that server. While Ultrapresence 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, Ultrapresence 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. TOP Cancellation Ultrapresence 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 Ultrapresence if Ultrapresence 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.). TOP Indemnification Ultrapresence wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Ultrapresence for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Ultrapresence or the bringing of any claim against Ultrapresence by any third-party. This means that if Ultrapresence is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Ultrapresence, plus costs and reasonable attorney's fees. TOP Disclaimer of Responsibility Ultrapresence 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. Ultrapresence 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 Ultrapresence 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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| Contact Info © 1998-2003 by Ultrapresence |
Privacy Policy Legal Info |
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