Legal - Acceptable Usage Policy

Master Service Agreement | Acceptable Usage Policy | Virtual Server - SLA | Email Account Policies

Acceptable Usage Policy

This AUP is incorporated by reference into our Master Service Agreement and your services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.

Inquiries regarding this policy should be directed to corporate@arcustech.com

You may not use Arcustech'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 Arcustech or other network including, without limitation to, mail bombing, flooding, or 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 to, 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 "add/remove" tool); or

Any conduct that is likely to result in retaliation against the Arcustech network or website, or Arcustech'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).

Bulk or Commercial Email

Spam and Unsolicited Bulk Email (UBE): Arcustech has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Arcustech whether or not the message actually originated from our network.

Mailing Lists: Arcustech's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Vulnerability Testing

You may not attempt to probe, scan, penetrate, or test the vulnerability of a Arcustech system, network, or to breach Arcustech's security or authentication measures, whether by passive or intrusive techniques, without Arcustech's express written consent.

Social Media, 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 social media (Twitter, Facebook, etc), 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, in connection with your Arcustech services.

Offensive Content

You may not publish or transmit via Arcustech's network and equipment any content or links to any content that Arcustech reasonably believes: constitutes, fosters, or promotes child pornography, bestiality or hard-core pornography; 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 Arcustech; or
is otherwise malicious, fraudulent, or may result in retaliation against Arcustech by offended viewers.

Content "published or transmitted" via Arcustech's network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

Copyrighted Material

You may not use Arcustech's network or equipment to download, publish, distribute, or otherwise copy 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;
you are otherwise permitted by established United States copyright law to copy the work in that manner.

Arcustech may terminate the service of copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Arcustech network.

All scripts and web applications installed on our Services must be kept in a secure and stable state at all times. This includes any updates released to address bugs, performance, or security by the authors of said scripts or web applications. You are responsible for any direct or indirect impact to your or others’ Services if you are in violation.

You may only use IP addresses assigned to you by Arcustech in connection with your Arcustech services.

Storage space provided under our Services may not be used for off-site backups of personal or business computers, and/or the storage, caching or backups of other data not directly related to the web site(s) using our Services, including the duplication of web/database backups we already provide with our services.

Consequences of Violation of AUP/Master Service Agreement

Arcustech may charge you its hourly rate for AUP/Master Service Agreement breach recovery (currently $275.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of our policies, (ii) remedy any harm caused to Arcustech or any of its customers by the violation of our policies, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have Arcustech's Internet Protocol numbers removed from any abuse database. No credit will be available under your Arcustech Service Level Agreement for interruptions of service resulting from AUP/Master Service Agreement violations.

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