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Acceptable Use Policy (AUP)
LAST UPDATED: 15 August, 2011
This Acceptable Use Policy form part of an agreement (this/the "Agreement") between Linkuphost, ("LinkUpHost", “our”, “we”, “us”) and Customer (“user”,“your”, “you”). This Acceptable Use Policy governs provision of LinkUpHost ("LinkUpHost", “our”, “we”, “us”) services (the "service") and is effective as of the moment Customer indicates agreement at the LinkUpHost website or as of the moment Customer uses any LinkUpHost website, any email or element of the Service (whichever comes first).
In addition to this Acceptable Use Policy, this Agreement consists of the following, each of which is incorporated into this agreement by this reference: LinkUpHost 's service level agreement, posted at http://www.linkuphost.com/legal/sla.html (the "SLA"); LinkUpHost 's terms of service, posted at http://www. linkuphost.com/tos.html (the "Terms of Service"); LinkUpHost 's privacy statement, posted at http://www.linkuphost.com/privacy.html (the "Privacy statement").
This AUP is incorporated by reference in your hosting services agreement with LinkUpHost.
Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with LinkUpHost.
Capitalized terms used in this AUP shall have the meaning given in your hosting services agreement.
Inquiries regarding this policy should be directed to email@example.com
You may not use LinkUpHost's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- 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 to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the LinkUpHost or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against the LinkUpHost network or website, or LinkUpHost’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
2. Bulk Email
You may not use a LinkUpHost Virtual Private Server or Mail Service to send bulk mail. You may use LinkUpHost dedicated hosted server to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
3. Mail Requirements
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:
- Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor recipient's and LinkUpHost's requests to produce consent evidence within 24 hours of receipt of the request;.
- You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 24 hours, and you notify recipients that the revocation of their consent will be implemented in 24 hours;
- You must post an email address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the "TO" line of the email;
- The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using your LinkUpHost services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your LinkUpHost service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
LinkUpHost may test and otherwise monitor your compliance with its requirements. LinkUpHost may block the transmission of email that violates these provisions. LinkUpHost may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.
4. Unsolicited Communications
You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 24 hours removal requirement described above.
5. Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a LinkUpHost system or network, or to breach LinkUpHost's security or authentication measures, whether by passive or intrusive techniques, without LinkUpHost's express written consent.
6. Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your LinkUpHost services.
7. Offensive Content
You may not publish, transmit or store on or via LinkUpHost's network and equipment any content or links to any content that LinkUpHost reasonably believes:
- constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person's copyright, trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to LinkUpHost; or
- is otherwise malicious, fraudulent, or may result in retaliation against LinkUpHost by offended viewers or recipients, or is intended to harass or threaten. Content "published or transmitted" via LinkUpHost's network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
8. Live Events
You may not use your LinkUpHost services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. LinkUpHost may prohibit you from streaming other live events where there is a special risk, in LinkUpHost’s reasonable discretion, that the event may violate the Offensive Content section above.
You may not use your LinkUpHost services to stream any video or audio. You agree that these services degrade the quality of service to all subscribers and LinkUpHost may immediately and without notice terminate any service which has been identified as audio or video streaming.
10. Copyrighted Material
You may not use LinkUpHost's network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner. It is LinkUpHost's policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
11. Shared Systems
You may not use any shared system provided by LinkUpHost in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of LinkUpHost Services if it has a negative impact on the systems and services, or we may require you to repair coding abnormalities in the code if it unnecessarily conflicts with other customers’ use of the hosting systems and services. You agree that we may quarantine or delete any data stored on a shared system or servers if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data.
You must use your LinkUpHost ForexVPS only for Forex related activities. You may not use your LinkUpHost ForexVPS for any non-Forex activities.
You may not install on your LinkUpHost ForexVPS any server services as Database Server (an example Oracle Database or Microsoft SQL Server), VPN, E-mail, Web or other kind of server service. You may not install on your LinkUpHost ForexVPS any software not related to Forex activities.
You may not use your LinkUpHost ForexVPS as backup storage or non-Forex data storage. You may not install on your LinkUpHost ForexVPS Microsoft Office suite or Microsoft Office applications.
13. Cloud VPS
You must use your LinkUpHost Cloud VPS only for related activities according your Cloud VPS paln.
14.You may not operate any file sharing, mass mail or IRC (Internet Relay Chat) software in any LinkUpHost service. This includes, but is not limited to uTorrent, bitTorrent, eMule, Limewire, mIRC. You agree that these services degrade the quality of service to all subscribers and LinkUpHost may immediately and without notice terminate any service which has been identified as running file sharing, mass mail or IRC software.
You will be provided with your account for your personal usage and access to your LinkUpHost service and you must use only this account.
You may change only the password of your account provided by LinkUpHost for your personal usage.
You may not change the built-in administrator account or root account on your LinkUpHost service.
You may not change password of any accounts on LinkUpHost’s services and servers different from your account provided by LinkUpHost for your personal usage.
You may not use or change any accounts on your LinkUpHost service or other LinkUpHost’s services and servers different from your account provided by LinkUpHost for your personal usage.
You may not create other account on your LinkUpHost service or other LinkUpHost’s services and servers.
You may not use your LinkUpHost Cloud VPS as backup storage except when you use LinkUpHost Cloud VPS Backup custom plan.
You must have valid and current information on file with your domain name registrar for any domain hosted on the LinkUpHost network.
You may only use IP addresses assigned to you by LinkUpHost in connection with your LinkUpHost services.
You agree that if the LinkUpHost IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and LinkUpHost may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
You agree that if you register a DNS record or zone on LinkUpHost managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, LinkUpHost may modify, transfer, or delete such records or zones.
No credit will be available under a LinkUpHost service level guaranty or agreement for interruptions of service resulting from AUP violations.