Introduction
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of OxyRack.com. (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The Purpose of the OxyRack.com Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by OxyRack.com. OxyRack.com reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://oxyrack.com/aup.php. The AUP is not an all-inclusive or exhaustive list and OxyRack.com reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to http://OxyRack.com/aup.jsp or notification to the Customer via email. Any violation of the AUPs may result in the suspension or termination of your account or such other action as OxyRack.com deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.*
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES YOU RECEIVE FROM OxyRack.com.
Any questions or comments regarding the AUP should be directed using the helpdesk.
Any abuse related issues, please report to abuse [.@.] fusedfiber.com or submit an abuse ticket using the helpdesk.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Company’s Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Customer Security Obligation
Each Customer must use reasonable care in keeping software they run on the OxyRack.com's servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. The Customer is solely responsible for any breaches of security under Customer's control. If a Customer intentionally creates a security breach, the cost to resolve any damage to OxyRack.com's servers will be charged directly to the Customer.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. OxyRack.com investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Customer’s server.
4. Circumventing user authentication or security of any host, network or account.
5. Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
7. Failing to comply with the Company’s procedure relating to the activities of Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. *
8. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
9. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through OxyRack.com’ servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on OxyRack.com’ servers is prohibited. OxyRack.com’ accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this Policy or that of the other provider.
10. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by OxyRack.com’ customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Fused Fiber-hosted domain, or referencing any OxyRack.com’ account, is prohibited.
11. Running any process that listen on a network port unless first authorized by OxyRack.com.
12. Running chat servers or clients, including (but not limited to) IRC servers, IRC clients, Instant Messaging proxies, and web-based chat programs.
13. Running game servers or clients, including (but not limited to) web-based games, interactive shell games, and play-by-email games that require a process running on Company’s server.
14. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
15. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
16. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
17. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
18. Accessing or attempting to access your account or other OxyRack.com services after you (or Company) has cancelled Customer’s account,
19. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any OxyRack.com’ customers or end-users by any means or device, including the use of (sudo) or other privileged operating system commands.
20. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the OxyRack.com’ network or on another provider’s network.
21. Using OxyRack.com Services to interfere with the use of the OxyRack.com network by other customers or authorized users.
22. Using OxyRack.com Services to host backups or as a file hosting purpose, all sites must have webpages as the main usage for their account. Large image galleries are considered as using our service as file hosting or storage. Sites that have small image galleries are fine.
23. Using OxyRack.com Services to host pornography files or images - This includes, but is not limited to, files depicting nudity, genitalia, or sexual situations.
Advertisements
When signing up for an account, you will be automatically be opted-in to our email list. You will receive newsletters, information regarding OxyRack.com. To opt-out of this list, simply terminate your own account.
System and Network Resource Usage
OxyRack.com’ servers and networks are carefully maintained to provide optimum performance for certain types of usage; namely, serving content on the Internet. Customers are expected to operate their accounts in such a manner as to maintain system and network performance and stability. OxyRack.com’ monitors its servers and networks carefully, and failure to comply with the following restrictions could result in the termination of service and fees assessed against your account:
1. Excessive Processor Utilization - Processes utilizing a significant percentage of a server’s processor will, at OxyRack.com discretion, be suspended/terminated. OxyRack.com utilizes several automated tools to discover these processes and in some instances, the process may be terminated automatically without warning. It is Customer’s responsibility to ensure their processes use a minimum of server resources.
2. Excessive Network Utilization - While Customers are allocated a certain amount of bandwidth per month, OxyRack.com generally prefers not to cap customers’ bandwidth (port wise). To this end, Customers using an excessive amount of bandwidth in a short period of time will, at OxyRack.com discretion, will have their site and/or account otherwise rendered unusable until the Customer is able to rectify their usage.
3. Scheduled Processes including (but not limited to) “cron jobs” and “at jobs”, can significantly drain server and network resources due to overuse. Customers are restricted from running any processor- or network-intensive scheduled process by disabling cron jobs on all accounts.
4. Process Monitoring using any script or program that continually monitors running processes, internal or external sites or applications, or e-mail accounts that execute at an interval of less than one hour is strictly prohibited.
5. Long-running Processes - OxyRack.com strictly prohibits the execution of long-running processes (more than 5 minutes of CPU time) unless specifically authorized in advance by OxyRack.com.
6. Terminal/Shell Access - OxyRack.com strictly prohibits uses of any scripts that uses php functions to access shell/terminal for any reason. Caught using the scripts will be terminated without any notice.
7. Spam/UCE Processing - As a service to Customers, OxyRack.com makes available a centralized spam-processing cluster to reduce the amount of incoming spam or Unsolicited Commercial E-mail (UCE). Customers have access to tools that can further refine the spam/UCE processing OxyRack.com already does, but this refinement comes at the cost of increased resource utilization. Any spam/UCE processing that excessively utilizes server or network resources will be stopped.
8. Resolution of Problems - All problems found by OxyRack.com that are within the Customer’s control and that result in excessive server or network utilization are the responsibility of the Customer to fix. OxyRack.com may, from time to time, assist Customer in researching and repairing the problem; this is done as a courtesy and does not imply that OxyRack.com has taken responsibility for fixing this or any other problem(s). OxyRack.com may, at its discretion, remove access to the services impacted until the Customer resolves the problem.
OxyRack.com reserves the right to remove access to any service or feature that it feels is being abused, even if through negligence or ignorance, by the Customer.
Internet Etiquette
Each Customer is expected to execute reasonable Internet etiquette. The Customer will comply with the rules appropriate to any network to which OxyRack.com may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against OxyRack.com by offended users. OxyRack.com reserves the right to refuse or terminate service at any time for violation of this section.
Child Pornography
OxyRack.com will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as, or appears as being under the age of eighteen years and is engaged in, appears as, or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years of age.
Email Policy
Mass Mailings: OxyRack.com has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE 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 or invited the message. UCE 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 OxyRack.com whether or not the message actually originated from our servers.
Mailing Lists: OxyRack.com 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 by all end Customers with non-distribution in the future. No deviations from this policy will be allowed.
If your actions have caused OxyRack.com mail servers or OxyRack.com IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $350 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
* Immediate disconnection of service with no exception.
Copyright Infringement
OxyRack.com services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Utilizing or distributing unauthorized copies of software constitutes a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. OxyRack.com will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers.
Suspension and Cancellation
OxyRack.com reserves the right to suspend service or terminate an account which belongs to any Customer, located on our servers for violation of the AUP. OxyRack.com will notify the Customer and attempt to resolve the problem in a method resulting in the least amount of service interference as reasonably possible. However, OxyRack.com reserves the right to decide what is defined as “reasonable.” For single or for continued and repeated violations of the AUP or, at OxyRack.com's discretion, to prevent a violation of the AUP, OxyRack.com reserves the right to:
1. Terminate service without notice for violations of the AUP.
2. Limit Customer access to services or implement service and resource usage restrictions.
3. Require the Customer to upgrade to a higher service plan, at OxyRack.com discretion.
OxyRack.com shall be the sole determining party concerning which of the above actions shall be taken, and will reserve the right to reverse or revise (its) decision at any time.
