RESELLER'S:
Resellers and their clients are bound by these same Policies, Guidelines
and Disclaimers. By reselling and purchasing VPS4U services, you hereby
agree that VPS4U shall not be held liable for any promises or failure of
same that Reseller's extend to their clients, including but not limited
to, quality of service, financial obligations, financial losses. It is the
legal duty and obligation of the Reseller to provide these policies and
guidelines to its client(s).
UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited advertising to those with
which the customer has no existing business relationship, posting off-topic
advertising in newsgroups); spoofing (using a return email address which
is not the valid reply address of the sender or sending an email message
which does not contain enough information to enable the recipient to identify
the party who is really sending the message; passive spamming (promoting
a web site hosted by AMS by spamming from some other source), trolling
(posting controversial messages in newsgroups to generate responses),
mailbombing (inundating a user with email without any serious intent to
correspond), generating a higher volume of outgoing mail than a normal
user (20% or more of available system resources), and subscribing someone
else to an electronic mailing list without that person's permission. A
message is considered unsolicited if it is posted in violation of a newsgroup
charter or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed. Mailing
lists may not be used to distributed unsolicited email. Any customer repeatedly
"mailbombed" or that attracts such behavior will be asked to
leave. If you are not sure if your actions will be in violation, please
ask first abuse@4ua.com.
Age. The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private
information about a person without their consent, infringing intellectual
property rights, defaming a person or business, and knowingly making available
code which will have a deleterious effect on third party computers. AMS
supports free speech on the Internet, and will not suspend or cancel a
customer's account simply because it disagrees with the views expressed
by the customer. Where there are allegations that a customer's on-line
activity has violated the legal rights of a third party, AMS will not
substitute itself for a court of law in deciding tort claims raised by
the third party.
Abuse of the law:
VPS4U's services may be used for lawful purposes only. Illegality includes
but is not limited to: drug dealing; attempting without authorization
to access a computer system; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups; violating
U.S. export restrictions; stalking; or violating other state or federal
law such as the Electronic Communications Privacy Act, the Computer Fraud
and Abuse Act, or the Economic Espionage Act. Linking to illegal material
is also prohibited. AMS reserves the right to check system files, email,
and other data on our servers for illegal content and materials, or for
any other reasons deemed necessary.
Pornography:
Pornography and sex-related merchandising, or links to such material,
even if legal, is not an acceptable use of AMS's servers.
Abuse of VPS4U's Server Resources:
Running programs in the background on a AMS's server without AMS's prior
written authorization, or running chat rooms, Internet Relay Chat, IRC
bots, and the like are not acceptable uses of AMS's servers. Further,
any usage of twenty percent (20%) or more of our system resources is an
undue burden on our system and is unacceptable. If your usage ever exceeds
twenty percent (20%) of system resources, you will be contacted and asked
to eliminate the problem. In addition, any domain that exceeds 50 gigabytes
of bandwidth traffic can be terminated without prior notice.
Hacking/Cracking:
AMS reserves the right to report illegal activities to any and all regulatory,
administrative, and/or governmental authorities for prosecution.
OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and
are provided for guidance purposes. If you are unsure if your actions
will be a violation of our policies please ask abuse@4ua.com
Server broadcast messages or any message sent on an intrusive basis to
any directly or indirectly attached network Attempt to circumvent any
user authentication or security of host, network, or account. Accessing
data not intended for user. Probing the security of any network. Spawning
dozens of processes. Port scans, ping floods, packet spoofing, forging
router information, Denial of Service attacks, sniffers, flooding, spoofing,
ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion
results in the corruption or loss of data, will be investigated and proper
action taken. The presence of any of these programs, whether or not run,
will result in action against the user including suspension or termination.
CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. Use of AMS's
service requires a certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending on the
anticipated use and desired content of the web space by the client. The
following examples are offered: Web Publishing: requires knowledge of
HTML, properly locating and linking documents, FTPing Web contents, Graphics,
text, sound, image mapping, etc. FrontPage web publishing: knowledge of
the FrontPage tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail
clients to receive and send mail, etc. The client agrees that he or she
has the necessary knowledge to create and maintain their web space. Client
agrees that it is not the responsibility of AMS to provide this knowledge
or support outside matter specific to AMS's servers.
BACKUPS:
It is the clients' responsibility to maintain local copies of their web
content any information. If loss of data occurs due to an error of VPS4U,
VPS4U will attempt to recover the date for no charge to the client. If
data loss occurs due to negligence of client in securing their account
or by an action of the client, AMS will attempt to recover the data from
the most recent archive.
IP NUMBERS:
AMS maintains control and any ownership of any and all I.P. numbers and
addresses that may be assigned to the client and reserves in its sole
discretion the right to change or remove any and all IP numbers and addresses.
LIMITATION OF LIABILITY:
VPS4U shall not be responsible for any claimed damages, including incidental
and consequential damages, which may arise from VPS4U's servers going
off-line or being unavailable for any reason whatsoever. Further, VPS4U
shall not be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or deletion of
any web site from one of VPS4U's servers. All damages shall be limited
to the immediate termination of service.
VPS4U shall be the sole arbiter of what is and is not a violation of
these acceptable use policies. VPS4U reserves the right to terminate an
account at any time and for any reason that causes harm to any VPS4U customer's
web sites. VPS4U reserves the right to delete all content and files upon
termination. VPS4U reserves the right to withhold any pre-paid funds for
any site removed for violations of these policies. VPS4U reserves the
right to refuse, cancel, or suspend service at our sole discretion.
VPS4U reserves the right to change these Policies without prior notice
or warning. Non-enforcement of any part of these Policies does not constitute
consent.
Violations of these Policies should be referred to abuse@4ua.com All
complaints will be investigated promptly.
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