Bluescathosting.com's Acceptable Use Policy ("AUP") is designed to
provide a clear understanding of regulations, restrictions regarding
the user of Bluescathosting.com's services.
Bluescathosting.com reserves the right to modify the Acceptable Use
Policy from time to time, effective on the date of posting.
Bluescathosting.com may not notify the customer of the change,
however it is the customers responsibility to frequently check back
to ensure they are up to date with the policy.
By using our services, and agreeing to the Terms of Service ("TOS"),
you agree to abide by the AUPs as modified from time to time. Any
violation of the AUP may result in the suspension or termination of
your service without notice and without refund. An activity that is
unlisted may also be a violation of the AUP if it is illegal,
irresponsible, or disruptive to the use of the Internet.
THE VIOLATION OF ANY AUP OR ANY OTHER POLICY IS STRICTLY PROHIBITED
AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM THE
SERVICES PROVIDED BY Bluescathosting.COM. 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 Bluescathosting.COM'S SERVERS. "CONTENT" INCLUDES, BUT NOT
LIMITED TO; E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN
NAMES. IT IS Bluescathosting.COM'S POLICY TO TERMINATE REPEAT
OFFENDERS; Bluescathosting.COM RESERVES THE RIGHT TO REFUSE SERVICE
TO ANYONE AT ANY TIME, WITHOUT REASON.
System and Network Security
Violations of system or network security is
strictly prohibited, and may result in criminal and civil liability.
Bluescathosting.com may investigate incidents involving such
violations and may involve and will co-operate with law enforcement
if a criminal violation is suspected. The following are some
examples of network or system violations:
- High-risk services, which are services
which tend to attract denial of service attacks, are strictly
prohibited. This includes, but is not limited to, IRC related
services.
- Interference with service to any user, host
or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks
- Forging of any TCP-IP packet header or any
part of the header information in an e-mail or newsgroup posting.
- Unauthorized monitoring of data or traffic
on any network or system without express authorization of the
owner of the system or network.
- Unauthorized access to or use of data,
systems or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or breach security or
authentication measures without express authorization of the owner
of the system or network.
- If your account, or a subaccount (resold),
is responsible for an AUP violation by an upstream provider, a one
time fee of $9.95 will be charged to your account for cleanup and
reactivation. If your account is responsible for a second AUP
violation by an upstream provider for the same issue your account
is subject to termination.
- 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 complains
incurred by Bluescathosting.com. Such labor is categorized as
emergency security breach recovery and is currently charged at
$150 per hour.
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 Bluescathosting.com's service to guess passwords or to access
other systems or networks without authorization. Bluescathosting.com
will fully cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
Contact Information
Customers are responsible for maintaining
their contact information in the ticketing system such that the
email address is always reachable even in the event of their
Bluescathosting.com account(s) or server(s) being shut down. All
Bluescathosting customers are required to have valid full contact
information on file. Accounts with false information will be
suspended until valid information is placed on file.
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
Bluescathosting.com 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, or
indecently depicts children, or is likely to result in retaliation
against Bluescathosting.com by offended users. Bluescathosting.com
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.
Copyright Infringement - Software Piracy
Policy
The Bluescathosting.com network may only be
used for lawful purposes. Transmission, distribution, or storage of
any information, data or material in violation of Canada or province
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 up to $250,000 and/or receive up
to 5 years in jail. In compliance with the Digital Millennium
Copyright Act (the "DMCA"), please send DMCA notifications of
claimed copyright infringements to abuse@Bluescathosting.com.
Bluescathosting.com will cooperate fully with any civil and/or
criminal litigation arising from the violation of this policy.
Network Responsibility
Customers have a responsibility to use the
Bluescathosting.com network responsibly. This includes respecting
the other customers of Bluescathosting.com. Bluescathosting.com
reserves the right to suspend and or cancel service with any
Customer who uses the Bluescathosting.com network in such a way that
adversely affects other Bluescathosting.com customers. This includes
but is not limited to:
- Attacking or attempting to gain
unauthorized access to servers and services that belong to
Bluescathosting.com or its customers (i.e. computer hacking),
and/or
- Participating in behavior which results in
reprisals that adversely affect the Bluescathosting.com network or
other customers' access to the Bluescathosting.com network.
Bluescathosting.com 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 a
Bluescathosting.com customer, whether or not the attacked account or
computer belongs to Bluescathosting.com, 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
Bluescathosting.com is strictly prohibited.
Violations of this policy may be reported directly to the FBI
(http://www.fbi.gov). Bluescathosting.com will cooperate fully with
any civil and/or criminal litigation arising from the violation of
this policy.
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
fraudulent content.
- Using any Bluescathosting.com 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 Bluescathosting.com services or products
is prohibited. Using the Bluescathosting.com 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 Bluescathosting.com's network are open to the
public. You are solely responsible for your usage of the
Bluescathosting.com network and servers and any statement you make
on servers hosted within the Bluescathosting.com 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.
Child Pornography on the Internet
Our policy on child pornography is zero
tolerance. Bluescathosting.com 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
Bluescathosting.com network, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act, 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.
Adult Content on the Internet
Bluescathosting.com will provide notification
and will inform any customers in writing of improper materials on
our servers. However, Bluescathosting.com reserves the right to
disconnect any customers immediately.
Commercial Advertisements with E-mail
Bluescathosting.com takes a zero tolerance
approach to the sending of Unsolicited Commercial E-mail (UCE) or
SPAM over our network. Very simply, this means that customers of
Bluescathosting.com may not use or permit others to use our network
to transact in UCE. Customers of Bluescathosting.com may not host,
or permit hosting of, sites or information that is advertised by UCE
from other networks. Violations of this policy carry severe
penalties, including termination of service.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic.
This includes commercial advertisements and informational messages
sent to recipients via electronic mail (email) as well as off-topic
messages posted in Usenet discussion groups where the recipient has
not requested or invited the message. Mailing lists must be true
opt-in mailing lists. Before sending any email to a listed user, a
confirmation email, with a tracking number, must be sent to the new
subscriber, to which they must respond with a confirmation that they
wish to be added to the list. You must keep these confirmations on
file, so that in the case that a spam complaint is made against you,
you have proof that the user did indeed opt-in. In addition, you
must provide at least one easy way to opt out; see the MAPS
guidelines (http://mail-abuse.org/rbl/manage.html) for details.
Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Bluescathosting.com are strictly prohibited from using
or permitting others to use UCE or SPAM over our network. As our
Customers are ultimately responsible for the actions of their
clients over the Bluescathosting.com network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
Violation of Bluescathosting.com's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, Bluescathosting.com will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
Bluescathosting.com may restrict customer access to the network to
prevent further violations. If a customer is found to be in
violation of our SPAM policy, Bluescathosting.com may, at its sole
discretion, restrict, suspend or terminate customer's account.
Further, Bluescathosting.com reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. Bluescathosting.com will notify law
enforcement officials if the violation is believed to be a criminal
offense.
Violation of Bluescathosting.com's SPAM policy may be reported to
abuse@Bluescathosting.com.
IRC
Bluescathosting.com does not allow the use of
IRC on the Bluescathosting.com network. This includes, but is not
limited to, the use of IRC clients, server software, bots or
anything related to IRC. Violators' servers or shared accounts will
be suspended.
Billing
The customer understands that the customer is
responsible for paying for any network resources that are used to
connect the customer's server or hosting plan 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.
Suspension
Bluescathosting.com reserves the right to
suspend network access to any customer if, in the judgment of the
Bluescathosting.com network administrators, the customer's server is
the source or target of the violation of any of the other terms of
the AUPs or for any other reason which Bluescathosting.com chooses.
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. The
customer will not be credited for the time the customer's machines
were suspended. The Customer will be credited on a prorated basis
based on the monthly fees the Customer pays for the servers that are
suspended for the time the Customer's machines were suspended.
Cancellation
Bluescathosting.com 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 are
non-refundable if Bluescathosting.com 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.).
Indemnification
Bluescathosting.com wishes to emphasize that
in signing the Master Services Agreement or its equivalent, customer
indemnifies Bluescathosting.com for any violation of the Master
Services Agreement or its equivalent, law or AUP that results in
loss to Bluescathosting.com or the bringing of any claim against
Bluescathosting.com by any third-party. This means that if
Bluescathosting.com is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded
against Bluescathosting.com, plus costs and reasonable attorney's
fees.
Disclaimer of Responsibility
Bluescathosting.com is under no duty to look
at each customer's or user's activities to determine if a violation
of the AUPs has occurred, nor do we assume any responsibility
through our AUPs to monitor or police Internet-related activities.
Bluescathosting.com 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, shared users and managed servers of
Bluescathosting.com 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. |
