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Acceptable Use Policy
Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, Exabytes® offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Exabytes® respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Exabytes® reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, Exabytes® has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Exabytes® services. This AUP will be revised from time to time. A customer’s use of Exabytes® after changes to the AUP are posted on Exabytes® web site, www.Exabytes®, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that Exabytes®does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Exabytes® network and may reach a large number of people, including both clients and non-clients of Exabytes®, clients’ postings to the Internet may affect other clients and may harm Exabytes® goodwill, business reputation, and operations. For these reasons, clients violate Exabytes®policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Mailing Policy
The abuse and misuse of e-mail is a serious problem, and Exabytes Network cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Virtual Shared, Bulk Reseller, VPS, Dedicated and Colocation.
SHARED SERVER RESOURCE ABUSE
Exabytes Network allows CGI, PHP, Perl and many other normal processes used for hosting to be used on all Virtual Servers. VPS must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse. Shared servers are ‘shared’ and we all need to play fair. What does Exabytes Network consider “System Resource ABUSE”?
ADULT CONTENTS
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material.
This being said, there are still several reasons why Exabytes® has been forced to create its no adult sites policy for its virtual and bulk reseller server users, including but not limited to direct customers, resellers and resold accounts.
ILLEGAL ACTIVITIES
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Exabytes® is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Exabytes® policy to terminate the privileges of customers who commit repeat violations of copyright laws. Reference our copyright infringement policy for more information.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
MISCELLANEOUS AND OTHER ACTIVITIES
Other specific activities that are against our Acceptable Use Policy include the following:
COPYRIGHT INFRINGEMENT / INTELLECTUAL PROPERTY
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Exabytes® is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Exabytes® policy to terminate the privileges of customers who commit repeat violations of copyright laws.
