ACCEPTABLE USE POLICY (AUP)
BYTE-HOST.COM's Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what BYTE-HOST.COM expects
of them while using the service. All users of BYTE-HOST.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 BYTE-HOST.COM Service constitutes acceptance and agreement to
BYTE-HOST.COM's AUP as well as BYTE-HOST.COM's TOS (Terms of Service)
Note: Pornography and sex-related merchandising are prohibited
on any BYTE-HOST.COM server EXCEPT those on servers
that have clearly stated that such content is allowed upon signing
up. This includes sites that may infur sexual content, or links
to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to BYTE-HOST.COM servers or any other server on the internet.
Links to such materials are also prohibited. All IRC related activities
are strictly prohibited and can be cause for immediate account
termination!
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. BYTE-HOST.COM
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 BYTE-HOST.COM account or other actions
as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of BYTE-HOST.COM's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of BYTE-HOST.COM's AUP:
- 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
BYTE-HOST.COM intends to provide its customers access to everything
the Internet has to offer. While BYTE-HOST.COM is firmly committed
to the principles of free speech, certain activities that may be
damaging to the resources of both the BYTE-HOST.COM and the Internet
and cannot be permitted under the guise of free speech. The resources
of the BYTE-HOST.COM 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. You may not
use your dedicated rack or virtual site to publish material, which
BYTE-HOST.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 BYTE-HOST.COM account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your service
without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy 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 at support@byte-host.com.
VIOLATIONS OF BYTE-HOST.COM ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
-
Illegal use: BYTE-HOST.COM's services may not
be used for illegal purposes, or in support of illegal activities.
BYTE-HOST.COM reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
-
Harm to minors: Use of the BYTE-HOST.COM service
to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography.
-
Threats: Use of the BYTE-HOST.COM service to
transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of
property.
-
Harassment: Use of the BYTE-HOST.COM service
to transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another.
-
Fraudulent activity: Use of BYTE-HOST.COM 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."
-
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 infrmation is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the BYTE-HOST.COM 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 BYTE-HOST.COM 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 account immediately BYTE-HOST.COMabled. The account
will not be enabled until such time that you agree to remove
ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access
to the account to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the account from our network without notice to
the customer. Any account guilty of a second violation WILL
be immediately and permanently removed from our network without
notice.
- 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 BYTE-HOST.COM account.
- E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through the BYTE-HOST.COM service is in violation of this AUP.
- Usenet SPAMing: BYTE-HOST.COM 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.
- Unauthorized access: Use of the BYTE-HOST.COM
service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security
measures of BYTE-HOST.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
BYTE-HOST.COM account is subject to immediate termination.
-
Copyright or trademark infringement:
Use of the BYTE-HOST.COM 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 BYTE-HOST.COMtribution
of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
-
Collection of personal data: Use of
the BYTE-HOST.COM service to collect, or attempt to collect, personal
information about third parties without their knowledge or
consent.
- Network BYTE-HOST.COMruptions and unfriendly activity:
Use of the BYTE-HOST.COM service for any activity which affects
the ability of other people or systems to use BYTE-HOST.COM
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. BYTE-HOST.COM 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.
-
Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
- 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.
- 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.
-
Inappropriate Use of Software: Use
of software or any device that would facilitate a continued
connection, i.e. pinging, while using BYTE-HOST.COM services could result
in suspension service.
- Third Party Accountability: BYTE-HOST.COM subscribers will be held responsible and accountable for any activity by third
parties, using their account, that violates guidelines created within the Acceptable Use Policy.
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. BYTE-HOST.COM 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
BYTE-HOST.COM 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 BYTE-HOST.COM systems or networks. BYTE-HOST.COM reserves the
right to terminate or limit such activities.
REPORTING VIOLATIONS OF BYTE-HOST.COM AUP
BYTE-HOST.COM requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse Department
at abuse@byte-host.com.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
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. BYTE-HOST.COM may take any one or more of the following actions in response to
complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
BYTE-HOST.COM 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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