ElevatedServers' Acceptable Use Policy:
Subscriber acknowledges and agrees that the provision of
services to Subscriber by Elevated Servers.net ("ES"), and
Subscriber's acceptance and use of ES's services, constitute
Subscriber's acceptance of and agreement to the terms and
conditions of this document -- ES's Acceptable Use Policy ("ES's
AUP") -- and that ES's AUP is an integral part of, and is
incorporated by reference into, the Terms Of Service ("TOS")
Agreement by and between ES and Subscriber.
ES may amend ES's AUP from time to time by posting it at
http://www.elevatedservers.net/forums/, and Subscriber's use of
ES's services after ES posts any such changes on its website
shall constitute Subscriber's acceptance of any/all such
amendments.
VIOLATIONS:
Doing, causing or allowing (whether by act or omission) any of
the following, and/or any direct or indirect aiding or abetting
of any person or entity to do, cause or allow (whether by act or
omission) any of the following, is considered a violation of
ES's AUP and of the TOS Agreement between ES and Subscriber:
1) Illegal Activities: Using ES's services for
illegal purposes or in support of illegal activities, including,
but not limited to, transmitting (by email, uploading, posting
or otherwise) or distributing, downloading, copying, caching,
hosting or storing data, information or content which, in ES's
sole determination, constitutes a violation of any relevant law,
regulation, ordinance or court order. Subscriber shall be
responsible for determining what laws, regulations, ordinances
and court orders are applicable to its use of ES's services;
2) Threats: Using ES's services to transmit (by
email, uploading, posting or otherwise), distribute, download,
copy, cache, host or store on a server any material that
threatens or encourages bodily harm, destruction of property or
any other type of harm;
3) Harassment: Using ES's services to transmit
(by email, uploading, posting or otherwise), distribute,
download, copy, cache, host or store on a server any material
that harasses or stalks another;
4) Harmful: Using ES's services to transmit (by
email, uploading, posting or otherwise), distribute, download,
copy, cache, host or store on a server any material that is
harmful, abusive, defamatory or libelous;
5) Violation of Duty: Using ES's services to
transmit (by email, uploading, posting or otherwise),
distribute, download, copy, cache, host or store on a server any
material in violation of any duty under any law (including court
order), contract or any fiduciary relationship;
6) Forgery or Impersonation: Adding, removing,
modifying or forging any message header, network header, TCP/IP
packet header or any part of any header or information in any
transmission (including any email, upload, posting or other
transmission), originating or passing through ES's services, in
an effort to deceive or mislead another; impersonating or
attempting to impersonate any person or entity in any
transmission (including any email, upload, posting or other
transmission) originating or passing through ES's services;
misleading or attempting to mislead any person or entity by use
of incorrect identifying information. The use of anonymous
re-mailers or nicknames does not constitute a violation
hereunder. Subscriber must maintain a policy requiring proper
"From" and/or "Reply To" headers on all email and usenet
postings.
7) Fraud/Fraudulent Activity: Using ES's
services in furtherance of or involving any fraudulent activity
or fraudulent purpose, or to make any fraudulent offers to sell
or buy products, items or services, or to advance any type of
financial scam including, but not limited to, pyramid schemes,
chain letters or any other financial scam; using ES's services
to effect a misrepresentation or misleading statement, writing
or activity;
8) SPAM / Unsolicited Commercial Email (UCE) /
Unsolicited Bulk Email (UBE): Using ES's services to:
transmit (by email, uploading, posting or otherwise),
distribute, download, copy, cache, host or store on a server any
spam, UCE or UBE; operate mailing lists, listservs or mailing
services that target an audience that has not voluntarily signed
up for email information using a double opt-in process or that
has not made their email addresses available to Subscriber for
distribution of information; effect spamming via third-party
proxy, aggregation of proxy lists or installation of proxy
mailing software; accept and process third-party messages for
sending without user identification and authentication; host, or
permit hosting of, web pages, sites or information advertised
within SPAM, UCE or UBE from another network (such as
spamvertising); violate the CAN-SPAM Act of 2003 (Controlling
the Assault of Non-Solicited Pornography and Marketing Act),
establishing requirements for sending certain types of
commercial mail.
IMPORTANT NOTICE: A Subscriber hosting websites or services
on Subscriber's server supporting spammers or resulting in any
of ES's IP space to be listed in any of the various Spam
Databases or black hole lists will have its service immediately
disconnected. Subscribers who operate mailing lists, listservs
or mailing services must a) maintain complete and accurate
records of all consents and opt-ins, including the actual emails
and their headers, b) provide such records to ES upon request,
and c) allow any party on the list to remove itself
automatically and permanently. If Subscriber cannot provide
proof of such consents and opt-ins, ES will consider the mass
mailing to be unsolicited. Subscribers must maintain proper
security on their servers to prevent them from being used as
SPAM amplifiers by third parties;
9) Interference:
(Several of the sites called this "threatening the
integrity of the network" or "threatening the integrity of
another network")Interfering with, disrupting or adversely
affecting, or attempting to interfere with, disrupt or adversely
affect, the ability to use ES's services, the Internet or any
other services or equipment (this includes denial of service
attacks against another network, host or individual user); using
ES's services to interfere with, disrupt or adversely affect, or
to attempt to interfere with, disrupt or adversely affect, the
service of any subscriber, subscriber's sub-users, host, network
or system, including, without limitation, via means of
overloading, flooding, email bombing, news bombing, crashing or
any similar activity; using ES's services to impede another
person's use of electronic mail services or news; using any
program, or sending messages of any kind, designed to interfere
with or disable a user's session;
10) Usenet SPAMing: Using ES's services for the
purpose of transmitting (by email, uploading, posting or
otherwise), distribute, download, copy, cache, host or store on
a server any material, messages or commercial advertisements
that violate the regulations, FAQ's, charters, policies or other
rules of any newsgroup or mailing list. Usenet posts and content
must conform to standards established by the Internet community
and the applicable newsgroup rules; commercial messages deemed
appropriate under the rules of a newsgroup or mailing list, or
that are solicited by the recipients, are permitted;
11) Unauthorized Access ( Cracking/Hacking):
Accessing, corrupting or taking, or attempting to access,
corrupt or take, any data, information or the accounts of
others; logging into a server or account, or entering or using
or attempting to enter or use another person's or entity's
computer system which Subscriber/ Subscriber's Sub-User is not
authorized to access, enter or use; penetrating or attempting to
penetrate ES's security measures or another person's or entity's
computer software or hardware, electronic communications system,
or telecommunications system or security; and any similar
activity prohibited by federal or state law;
12) Infringement on Intellectual Property Rights:
Using ES's services to transmit (by email, uploading,
posting or otherwise), distribute, download, copy, cache, host
or store on a server any information, data, content, material or
work that infringes any copyright, trademark, service mark,
patent, trade secret any or other intellectual property right(s)
of any person or entity;
13) Collection of Personal Data: Using ES's
services to collect, or to attempt to collect, personal
information about third parties without the third party's(ies')
knowledge or consent;
14) Unfriendly Activity: Subscriber's/
Subscriber's Sub-User's (as defined in the TOS Agreement)
allowance of others to use its/their network, or permitting
its/their network to be configured in such a way that affords a
third party the capability to use its/their network, in an
illegal, inappropriate or unfriendly manner; causing or
initiating security breaches or disruptions of network
communication or connectivity; executing any form of activity
that intercepts data not intended for Subscriber's/ Subscriber's
Sub-User's server(s); evading or circumventing user
authentication or security of any host, network or account;
engaging in any conduct designed to avoid restrictions or access
limits to specific services, hosts or networks; probing,
scanning or testing, or attempting to probe, scan or test, the
vulnerability of a system or network without proper
authorization; breaching or attempting to breach security or
authentication measures without proper authorization; taking any
action in order to obtain, or attempting to obtain, services to
which such Subscriber/ Subscriber's Sub-User is not entitled;
15) Distribution of Unwanted Software: Using
ES's services to effect the intentional distribution of software
or computer code, files or programs that causes, or attempts to
cause, damage, harassment or annoyance to persons, entities,
data and/or computer systems;
16) Inappropriate Use of Software: Using ES
services to employ software or any device that would facilitate
a continued connection (such as pinging) or would negatively
affect a person's or entity's ability to engage in real time
exchanges;
17) IRC Networks: Running IRC on ES's standard
network. IRC is allowed only on ES's separate IRC network.;
18) IP Addresses: Using IP addresses that were
not assigned to it by ES;
19) Support to Terrorists: Using ES services to
provide support or resources (including concealing or disguising
the nature, location, source, or ownership of support or
resources) to any organization designated by the U.S. government
as a terrorist organization pursuant Section 219 of the
Immigration and Nationality Act;
20) Gambling: Using ES services for or to
promote gambling that is or may be prohibited or restricted by
any state or federal gambling laws or regulations;
21) Harm to Minors / Child Pornography: Harm to
Minors / Child Pornography: Using ES services to harm minors in
any way or transmitting (by email, uploading, posting or
otherwise), distributing, downloading, copying, caching, hosting
or storing on a server any child pornography as defined by U.S.
law. Adult content is allowed; and
22) Violation of Security: Violating or
attempting to violate the security of ES's systems.
It is Subscriber's obligation to maintain and enforce these
provisions against all of Subscriber's Sub-users, to maintain
its own abuse/postmaster email addresses for reporting abuses
and to promptly and appropriately respond to all emails sent to
these addresses.
Please consult an attorney if you are uncertain of the legal
status of your any of your activities.
ES will comply with all orders and obligations of any court
or government agency.
ES expressly disclaims any liability for the data and content
residing on its network and for the actions and inactions of its
Subscribers, including Subscriber's Sub-Users
1st revision: May 4th, 2009.
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