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As a provider of web site hosting and other Internet-related services, NYTRO HOST.COM offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. NYTROHOST.COM respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, NYTROHOST.COM reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, NYTROHOST.COM 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 using NYTRO HOST.COM’s services. This AUP will be revised from time to time.
You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of NYTRO HOST.COM’ Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.
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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that NYTROHOST.COM cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because NYTROHOST.COM cannot monitor or censor the Internet, and will not attempt to do so, NYTROHOST.COM cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
The Primary Purpose of NYTROHOST.COM is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs.
The client is ultimately responsible for individual server security. NYTROHOST.COM disclaims all liability for server content.
When subscribers disseminate information from the Internet, they must keep in mind that NYTROHOST.COM does not review, edit, censor or take responsibility for any information its subscribers 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 created is carried over NYTROHOST.COM’s network and may reach a large number of people, including both subscribers and nonsubscribers of NYTROHOST.COM, subscribers’ postings to the Internet may affect other subscribers and may affect NYTROHOST.COM’ goodwill, business, reputation or operations. For these reasons, subscribers violate NYTROHOST.COM policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by NYTROHOST.COM, and an appropriate course of action shall be taken as determined by NYTROHOST.COM in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward NYTROHOST.COM, but also because it can overload NYTROHOST.COM’s network and disrupt service to NYTROHOST.COM’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NYTROHOST.COM will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore NYTROHOST.COM reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should NYTROHOST.COM choose to pursue and prosecute.
NYTRO HOST.COM reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain)
In this event, your account is subject to immediate termination with or without notification. NO refund will be given.
NYTROHOST.COM reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, NYTROHOST.COM reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide NYTROHOST.COM with an explanation via our ticketing system within 10 days of the abuse ticket being opened.
NYTROHOST.COM does not permit adult content that is illegal in nature and will suspend/terminate any offending account. Exemptions may be made under certain circumstances. Please contact us to inquire about a waiver.
Using NYTROHOST.COM’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. NYTROHOST.COM is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Using NYTROHOST.COM’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Private Backbone Network (Private Tunnel)
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
NYTROHOST.COM does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by NYTROHOST.COM, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.
If any client or any third-party user that is a customer of our client uses NYTROHOST.COM services, network, or its physical infrastructure in a manner that causes NYTROHOST.COM, or any IP addresses issued by NYTROHOST.COM to be “blacklisted” or “blocked”, NYTROHOST.COM reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating NYTROHOST.COM service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs addresses issued by NYTROHOST.COM are the sole property of NYTROHOST.COM. Clients retain no ownership rights to any IP addresses issued by NYTROHOST.COM. Clients may not transfer IPs from NYTROHOST.COM. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@nytrohost.com.
IRC Usage shall be allowed on dedicated servers unless such usage is abused or creates or enhances any type of problem(s) with NYTROHOST.COM’s services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then NYTROHOST.COM may null-route, filter, suspend, or terminate that client’s service. NYTROHOST.COM allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content. Use of IRC/Bittorrent/P2P on shared hosting is strictly prohibited.
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by NYTROHOST.COM, including without limitation the customers, clients and other users of our clients.
NYTROHOST.COM reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. NYTROHOST.COM also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
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 may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks (DDoS). Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
NYTROHOST.COM reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that NYTROHOST.COM determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. NYTROHOST.COM will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with NYTROHOST.COM’s policy or applicable law. However, when NYTROHOST.COM becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by NYTROHOST.COM.
NYTROHOST.COM is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching NYTROHOST.COM’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. NYTROHOST.COM does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. NYTROHOST.COM reserves the right to directly take action against a customer of its subscribers. Also, NYTROHOST.COM may take action against the NYTROHOST.COM’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, NYTROHOST.COM anticipates that subscribers who offer Internet services will cooperate with NYTROHOST.COM in any corrective or preventive action that NYTROHOST.COM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NYTROHOST.COM’s policy.
NYTROHOST.COM will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. NYTROHOST.COM may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NYTROHOST.COM may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. NYTROHOST.COM assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, NYTROHOST.COM may disclose subscriber information or information transmitted over its network where necessary to protect NYTROHOST.COM and others from harm, or where such disclosure is necessary to the proper operation of the system. However, NYTROHOST.COM will never sell information to other services or outside companies.
NYTROHOST.COM expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate NYTROHOST.COM policy. Finally, NYTROHOST.COM wishes to emphasize that, in signing the Service Agreement, subscribers indemnify NYTROHOST.COM for any violation of the Service Agreement, law or NYTROHOST.COM policy resulting in loss to NYTROHOST.COM or the bringing of any claim against NYTROHOST.COM by any third party. This means that, if NYTROHOST.COM is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against NYTROHOST.COM, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including NYTROHOST.COM and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@nytrohost.com.
