
1. The account holder is responsible for the actions of account users. 2. Any use which interferes with the server's ability to function in its primary purpose of publishing web documents is prohibited. 3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at Advanced Colocation or sent via Advanced Colocation, is prohibited. 4. Use of Advanced Colocation facilities to provide software or lists for mass mailing unsolicited email is prohibited. 5. Use of Advanced Colocation facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited. 6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted. 7. Should the account holder become the target of a network attack, Advanced Colocation reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return server or network operation to normal. 8. Advanced Colocation will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories. 9. Use of Advanced Colocation services, including the storage of information, is at the account holder's sole risk. Advanced Colocation does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Advanced Colocation services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither Advanced Colocation nor anyone else involved in creating, producing, or delivering Advanced Colocation services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Advanced Colocation, the inability to use Advanced Colocation, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement. 10. The account holder will indemnify and hold harmless Advanced Colocation against any loss, damage, cost and expense which Advanced Colocation may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Advanced Colocation failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement. 11. If Advanced Colocation is informed of an alleged copyright or trademark infringement involving an account, Advanced Colocation will attempt to notify the account holder of those allegations and secure a response. Advanced Colocation may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Advanced Colocation believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Advanced Colocation for any such removal or termination. To inform Advanced Colocation of a possible infringement please send an email to copyright @ AdvancedColocation.com 12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at Advanced Colocation discretion. Advanced Colocation reserves the right to issue special invoices when the balance due will be more than $200 over the base monthly service fee. 13. Advanced Colocation may terminate service to the subscriber at any time, without notice, for violation of this agreement. Advanced Colocation will not be liable for any damages or harm to the account holder resulting from such termination. 14. The account holder may terminate their account at any time. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to billing@AdvancedColocation.com, by postal mail or by fax. 15. Use of a Advanced Colocation account indicates acceptance of the terms of this agreement by the account holder. 16. This agreement shall be governed by and construed in accordance with the law of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void. This agreement documents the terms of service for web accounts provided by Advanced Colocation to the account holder.
following Acceptable Use Policy. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document.
1. Do anything illegal or anything that adversely affects Advanced Colocation's legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Advanced Colocation will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities. 1. Cracking/Hacking - attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law. 2. Child pornography - as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly. 3. Interstate gambling - because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations. 4. Pyramid schemes or fraud - are illegal under a number of Federal, State and Local laws. 5. Theft of services - attempts to utilize services that are not contracted for is considered theft and will be dealt with as such. 6. Harassment - use of Advanced Colocation's network to harass or threaten (in the legal sense of those terms) any other person is prohibited. Please consult an attorney if you are unsure of the legal status of your activities. 2. Do anything that threatens the integrity of Advanced Colocation's network or the utilization thereof by other persons. 1. Denial of Service (DOS) attacks - no customer will commit a DOS attack against any Advanced Colocation customer’s host, or any other host on the Internet. Similarly, no Advanced Colocation customer will willfully or negligently allow incitement of others to attack any host on Advanced Colocation's network, or any other host on the Internet. 2. Blacklists - No customer shall do anything that could get any portion of Advanced Colocation's IP space (or address space announced by Advanced Colocation on behalf of Customer) put on blacklists such the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse. com) or other similar organizations, or perform activities that would cause portions of the Internet to block mail or refuse to route traffic to any portion of Advanced Colocation's IP space (or address space announced by Advanced Colocation on behalf of Customer). 3. Perform actions that cause unusual load on Advanced Colocation servers (for example, mail servers, web servers, usenet servers, name servers, etc.), that cause slowness or denial of service to other Advanced Colocation customers. 3. Do anything that threatens the Internet or any other network. 1. No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole. 2. No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on. 4. Spam - No customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net, and/or email abuse@he.net for clarification. 1. No spam may originate from Advanced Colocation IP space. 2. No spam may advertise sites or services located on Advanced Colocation IP space (even if the spam originates elsewhere). 3. No Advanced Colocation customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such. 4. No customer shall participate in pyramid schemes or email chain letters. 5. Use of Advanced Colocation's facilities to provide software or lists for mass mailing unsolicited email is prohibited. Furthermore, all Advanced Colocation customers must: 1. Maintain the following email addresses and respond promptly to all email sent to these addresses: 1. abuse@yourdomain.com 2. postmaster@yourdomain.com 2. Maintain and enforce on their clients an AUP similar in scope and intent to this document. 3. Maintain a policy requiring proper "From" and/or "Reply-To" headers for email and usenet postings. 4. Maintain proper security on their mail server, to prevent the mail server from being used as a "spam amplifier" by third parties. Servers must restrict "email relaying." (Not applicable to customers who do not maintain a mail server.) Advanced Colocation reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Acceptable Use Policy. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Advanced Colocation'’s sole discretion. For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at abuse@he.net or via phone at 510.580.4100. |
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