N.E.Technologies' Acceptable Use Policy (AUP)
is designed to provide a clear understanding of the rules,
regulations
and restrictions regarding the use of N.E.Technologies'
services.
From time to time N.E.Technologies may impose reasonable
rules and regulations regarding the use of its services.
The AUP's are not exhaustive and N.E.Technologies reserves
the right to modify the AUP's at any time, effective upon
either the posting of the modified AUP's to www.NETechnologies.net
or notification of the modified AUP's.
By registering for and using the services, and thereby accepting
the terms and conditions of the Terms of Service Agreement
or its equivalent, you agree to abide by the AUP's as modified
from time to time. Any violation of the AUP's may result
in the suspension or termination of your account or such
other action as N.E.Technologies deems appropriate. An unlisted
activity may also be a violation of the AUP's if it is illegal,
irresponsible, or disruptive use of the Internet. No credits
will be issued for any interruption in service resulting
from policy violations.
VIOLATION
OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION
OR SUSPENSION
OF THE SERVICES
YOU RECEIVE FROM N.E.Technologies. YOU SHALL REMAIN SOLELY
LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND
ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD
OR TRANSMIT
THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES,
WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME
PAGES, AND DOMAIN NAMES. IT IS N.E.Technologies' POLICY
TO TERMINATE REPEAT INFRINGES. N.E.Technologies RESERVES
THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME FOR ANY
REASON Customer Security Responsibilities
The customer is solely responsible for
any breaches of security affecting servers under customer
control. If a customer's
server is involved in an attack on another server or system,
it will be shut down and an immediate investigation will
be launched to determine the cause/source of the attack.
In such event, the customer is responsible for the cost
to rectify any damage done to the customer's server
and any
other requirement affected by the security breach. The
labor used to rectify any such damage is categorized
as emergency
security breach recovery and is currently charged at $250
USD per hour. Enquiries regarding security matters may
be directed to abuse@netechnologies.net
System And Network Security Violations of system or network
security are prohibited, and may result in criminal and civil
liability. N.E.Technologies may investigate incidents involving
such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples
of system or network security violations include, without
limitation, the following:
- 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.
- Unauthorized monitoring of data or traffic on any network
or system without express authorization of the owner of the
system or network.
- Interference with service to any user, host or network including,
without limitation, mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header
information in an e-mail or a newsgroup posting.
- High-risk services, which are services which tend to attract
denial of service attacks, are strictly prohibited. This
includes, but is not limited to, IRC related services and
selling of shell accounts.
Violators of
the policy are responsible, without limitations, for
the cost of labor to clean up and correct any damage
done to the operation of the network and business operations
supported by the network, and to respond to complaints incurred
by N.E.Technologies. Such labor is categorized as emergency
security breach recovery and is currently charged at $250
USD per hour required. Enquiries regarding security matters
may be directed to abuse@netechnologies.net. N.E.Technologies
is concerned with the privacy of online communications and
web sites. In general, the Internet is neither more nor less
secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can
be intercepted and otherwise compromised. As a matter of
prudence , however, N.E.Technologies urges its customers
to assume that all of their online communications are insecure.
N.E.Technologies cannot take responsibility for the security
of information transmitted over N.E.Technologies' facilities.
Incoming DDoS and other attacks may result in loss of network
performance. We reserve the right to disable, shutdown, or
remove any server from our network temporarily until the
attack subsides.
Password Protection
The customer is responsible for protecting customer's password
and for any authorized or unauthorized use made of customer's
password. The customer will not use or permit anyone to use
N.E.Technologies' service to guess passwords or to access
other systems or networks without authorization. N.E.Technologies
will fully cooperate with law enforcement authorities in
the detection and prosecution of illegal activity.
Contact Information
Customers are responsible for maintaining
their contact information with N.E.Technologies such that
the email address
is always reachable even in the event of their N.E.Technologies
server('s) being shut down.
Internet Etiquette
The customer is expected to be familiar with and to practice
good Internet etiquette. The customer will comply with the
rules appropriate to any network to which N.E.Technologies
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, tortuous, indecently
depicts children or is likely to result in retaliation against
N.E.Technologies by offended users. N.E.Technologies reserves
the right to refuse or terminate service at any time for
violation of this section. This includes advertising services
or sites via IRC or USENET in clear violation of the policies
of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The
N.E.Technologies network 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. Making
unauthorized copies of software is a violation of the law,
no matter how many copies you are making. If you copy, distribute
or install the software in ways that the license does not
allow, you are violating federal copyright law. If caught
with pirated software, you or your company may be liable
under both civil and criminal law, and you may be fined up
to $250,000 and/or receive up to 5 years in jail. In compliance
with the Digital Millennium Copyright Act (the "DMCA"),
please send DMCA notifications of claimed copyright infringements
to abuse@netechnologies.net. N.E.Technologies will cooperate
fully with any civil and/or criminal litigation arising from
the violation of this policy.
Network Responsibility
Customers have a responsibility
to use the N.E.Technologies network responsibly. This includes
respecting the other customers of N.E.Technologies. N.E.Technologies
reserves the right to suspend and or cancel service
with any Customer who uses the N.E.Technologies network
in such a way that adversely affects other N.E.Technologies
customers. This includes but is not limited to:
- Attacking or attempting to gain unauthorized
access to servers and services that belong to N.E.Technologies
or its customers
(i.e. computer hacking)
- Participating in behavior which result in reprisals that
adversely effect the N.E.Technologies network or other customers'
access to the N.E.Technologies network.
N.E.Technologies will react strongly to any
use or attempted use of an Internet account or computer
without the owner's
authorization. Such attempts include, but are not limited
to, "Internet Scanning" (tricking other people
into releasing their passwords), password robbery, security
hole scanning, port scanning, etc. Any unauthorized use of
accounts or computers by a N.E.Technologies customer, whether
or not the attacked account or computer belongs to N.E.Technologies,
will result in severe action taken against the attacker.
Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, depending
on the seriousness of the attack. Any attempt to undermine
or cause harm to a server, or customer, of N.E.Technologies
is strictly prohibited.
Violations of this policy may be reported
directly to the FBI's Infrastructure Protection & Computer
Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
N.E.Technologies will cooperate fully with any civil and/or
criminal
litigation arising from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material
in violation of any applicable law, regulation, or AUP is
prohibited. This includes, but is not limited to:
- Copyrighted material or
material protected by trade secret and other statute or
dissemination of harmful or fraudulent content.
- Using any N.E.Technologies service or product for the purpose
of participating in any activity dealing with subject matters
that are prohibited under applicable law is prohibited.
- Any conduct that constitutes harassment, fraud, stalking,
abuse, or a violation of federal export restriction in connection
with use of N.E.Technologies services or products is prohibited.
Using the N.E.Technologies network to solicit the performance
of any illegal activity is also prohibited, even if the activity
itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed,
even without the act of distribution, is prohibited.
Servers hosted within N.E.Technologies network
are open to the public. You are solely responsible for
your usage
of the N.E.Technologies network and servers and any statement
you make on servers hosted within the N.E.Technologies network
may be deemed "publication" of the information
entered. Acknowledging the foregoing, you specifically agree
not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. N.E.Technologies will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act of
1984 concerning child pornography. Customers are ultimately
responsible for the actions of their clients over the N.E.Technologies network, and will be liable for illegal material
posted by their clients.
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
being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the
dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a
person under the age of eighteen years or any written material
or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to
the U.S. Customs Agency at 1-800-BEALERT
Adult Content on the Internet
N.E.Technologies will provide notification
and will inform any customers in writing of improper materials
on our servers.
However, N.E.Technologies reserves the right to disconnect
any customers immediately.
Commercial Advertisements with E-mail
N.E.Technologies takes a zero tolerance approach
to the sending of Unsolicited Commercial E-mail (UCE) or
SPAM over
our network. Very simply, this This means that customers
of N.E.Technologies may not use or permit others to use
our network to transact in UCE. Customers of N.E.Technologies
may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination
of service.
Sending a message, especially an advertisement, to more
than five recipients, is by itself spamming unless the individuals
have specifically requested to be added to a mailing list
on that topic. This includes both commercial advertisements
and informational messages sent to recipients via electronic
mail (email) as well as off-topic messages posted in Usenet
discussion groups where the recipient has not requested or
invited the message. Mailing lists must be true opt-in mailing
lists. Before sending any email to a listed user, a confirmation
email, with a tracking number, must be sent to the new subscriber,
to which they must respond with a confirmation that they
wish to be added to the list. You must keep these confirmations
on file, so that in the case that a Spam complaint is made
against you, you have proof that the user did indeed opt-in.
In addition, you must provide at least one easy way to opt
out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html)
for details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of N.E.Technologies are strictly prohibited from
using or permitting others to use UCE or SPAM over our network.
As our Customers are ultimately responsible for the actions
of their clients over the N.E.Technologies network, it is
advisable that Customers develop a similar, or stricter,
policy for their clients.
Violation of N.E.Technologies' SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, N.E.Technologies will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, N.E.Technologies may restrict customer access
to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, N.E.Technologies
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, N.E.Technologies reserves the
right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. N.E.Technologies will notify law enforcement officials if the violation
is believed to be a criminal offense.
Violation of N.E.Technologies' SPAM policy may be reported
to abuse@netechnologies.net
IP Address Overlap
N.E.Technologies administers the network
on which customer servers reside. The customer cannot use
IP addresses which
were not assigned to them by N.E.Technologies staff. Any
server found using IP's which were not officially assigned
will be suspended from network access until such time as
the IP addresses overlap can be corrected.
IRC
N.E.Technologies does not allow the use of
IRC on the N.E.Technologies Primary network. This includes,
but is not limited to, the use of IRC clients, server software,
bots or anything
related to IRC. Violators' servers will be suspended. N.E.Technologies
has developed a secondary network for IRC servers. Special
pricing may apply.
Network Performance
N.E.Technologies accounts
operate on shared resources. Excessive use or abuse of
these shared network resources by one customer
may have a negative impact on all other customers. Misuse
of network resources in a manner which impairs network
performance is prohibited by this policy and may result
in termination of your account.
You may not use network-intensive programs, such as peer-to-peer,
audio/video streaming of any kind, file servers, which negatively
impact other customers or the performance of N.E.Technologies
systems or networks. N.E.Technologies reserves the right
to terminate or limit such activities. N.E.Technologies
also reserves the right to determine what is and what is
not network-intensive at any time weather it be written or
not. All traffic on Dedicated Servers must come from standard
content, such as HTML pages being accessed, no more then
15% of all bandwidth usage from a server may be used for
downloads. This is to ensure everyone has fair access to
available bandwidth. 3 Megabits Un-Metered bandwidth is Shared
between ALL dedicated customers. However, each server will
be connected to our network via 10 or 100 megabit Ethernet
port. Speed out to the net will be no faster then 3 megabits.
Billing
The customer understands that the customer is responsible
for paying for any network resources that are used to connect
the customer's server to the Internet. The customer may request
that the customer's server be disconnected from the Internet,
but the customer will still be responsible for paying for
any network resources used up to the point of suspension
or cancellation.
Suspension
N.E.Technologies reserves the right to suspend
network access to any customer if, in the judgment of the
N.E.Technologies network administrators, the customer's
server
is the source or target of the violation of any of the other
terms of the AUP's or for any other reason which N.E.Technologies
chooses. If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be
contacting regarding the activity. The customer will not
be credited for the time the customer's machines were suspended.
The Customer will be credited on a prorated basis based on
the monthly fees the Customer pays for the servers that are
suspended for the time the Customer's machines were suspended.
Cancellation
N.E.Technologies reserves the right to cancel service at
any time. If inappropriate activity is detected, all accounts
of the customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will
be contacting regarding the activity. All fees paid in
advance of cancellation are non-refundable if N.E.Technologies
institutes its right of cancellation. Any violation of
policies which results in extra costs will be billed to
the customer (i.e. transfer, space etc.). All cancellation
notices must be provided in WRITTEN form either by Fax
or my Post to N.E.Technologies 1 week or earlier before
date of next payment. If Customer is Paying Via PayPal,
Customer is responsible for canceling their own paypal
subscription. Account will be IMMEDIATELY DEACTIVATED upon
PayPal Subscription being canceled, either by N.E.Technologies,
or Customer. N.E.Technologies is not responsible for payments
sent due to customers not canceling their PayPal subscription,
and as such, payments will NOT be refunded.
If customer does not meet this requirement, any fees paid will not be refunded.
Depending on circumstances, customer may be issued credit with N.E.Technologies.
Indemnification
N.E.Technologies wishes to emphasize that
in agreeing to Master Services Agreement or its equivalent,
customer indemnifies
N.E.Technologies for any violation of the Master Services
Agreement or its equivalent, law or AUP that results in loss
to N.E.Technologies or the bringing of any claim against
N.E.Technologies by any third-party. This means that if
N.E.Technologies is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages
awarded against N.E.Technologies, plus costs and all attorney's
fees.
Disclaimer of Responsibility
N.E.Technologies is under no duty to look
at each customer's or user's activities to determine if
a violation of the AUP's
has occurred, nor do we assume any responsibility through
our AUP's to monitor or police Internet-related activities.
N.E.Technologies disclaims any responsibility for any such
inappropriate use and any liability to any person or party
for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of N.E.Technologies must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP's AND ACTUAL
OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
SHALL BE CONSIDERED VIOLATIONS OF THESE AUP's BY YOU.
Policies stated above have
been adopted from our service provider "Global
Data Centers" TOS/AUP but are put into action by N.E.Technologies.
All
N.E.Technologies
Web Data Services and Network are hosted by Global Data
Centers.
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