 DEDICATED INTERNET ACCESS Terms of Services

Last Modified:2007-03-25
This acceptable use policy (the "Policy", "AUP") defines acceptable practices for the use of ByteHosting Internet Services, LLC ("ByteHosting", or "BHIS")
services (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account ("Users")
are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through
your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove
content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects
of the Service. "BHIS" means ByteHosting Internet Services, LLC, and all of its affiliates (including direct and indirect subsidiaries and parents).
The "BHIS Network" includes, without limitation, all equipment, systems, facilities, services and products incorporated or used to access our services
or other connected networks of the Internet.
This Policy is designed to assist in protecting the BHIS network, the Service, our Users and the Internet community as a whole from improper and/or
illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (ISPs),
Users of the BHIS Network must also conform to the applicable acceptable use policies of such other ISPs.
Rights of ByteHosting
- Suspension or Termination of Service
If Users engage in conduct while using the Service that violates the Policy, or is otherwise illegal or improper, ByteHosting reserves the
right to suspend and/or terminate the Service or the User's access to the Service. ByteHosting will generally attempt to notify you of any
activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the BHIS Network
is threatened or cases involving unsolicited commercial email/SPAM, mail relaying, alteration of your source IP address information, denial
of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, we
reserve the right to suspend or terminate your Service or the User's access to the Service without notification. In addition, we may take any
other appropriate action against a User for violations of the Policy. ByteHosting reserves the right to avail itself to the safe harbor
provisions of the Digital Millennium Copyright Act. We do not make any promise, nor do we have any obligation, to monitor or police activity
occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.
- Cooperation with Investigations
ByteHosting will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or
inappropriate activity. ByteHosting reserves the right to disclose customer information to the extent authorized by federal or state law. In
those instances involving child pornography, ByteHosting complies with all applicable federal and state laws including providing notice to the
National Center for the Missing and Exploited Children or other designated agencies.
- Modifications to Policy
ByteHosting reserves the right to modify this Policy at any time without notice. We will attempt to notify our customer of any such modifications
either via e-mail or by posting a revised version of the Policy on our Web site.
- Filters
We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including
devices designed to filter or terminate access to the Service.
Prohibited Uses
- Illegal Activity
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all
cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information,
data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This
includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other
intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export
control laws, or is obscene, defamatory or otherwise unlawful.
- Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security
of, any portion of the BHIS Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to
access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or
system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
- Unsolicited Commercial Email/Spamming/Mailbombing
A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one
recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one
recipient is prohibited. In addition, "spamming" or "mailbombing" is prohibited. Use of the service of another provider to send unsolicited
commercial email, spam or mailbombs, to promote a site hosted on or connected to the BHIS Network, is similarly prohibited. Likewise, a User
may not use the Service to collect responses from mass unsolicited e-mail messages.
- Spoofing/Fraud
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing
information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers
Authority) or incorrect DNS information.
A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the
User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers
or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection
with use of the Service is prohibited.
USENET Postings
All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news
groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial
messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by
ByteHosting in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such
materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ or charter.
Complaints
ByteHosting receives complaints directly from Internet users, through Internet organizations and through other parties. ByteHosting shall not be required
to determine the validity of complaints received before taking action under this AUP. A complaint from the recipient of commercial email, whether
received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. ByteHosting has no obligation to forward
the complaint to the User or to identify the complaining parties.
The following activities are also prohibited:
- Intentionally transmitting files containing a computer virus or corrupted data.
- If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. If a User is
accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than 7 days in order to
protect the BHIS Network resources and maintain Service availability for others.
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of
ByteHosting's services.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which
includes the facilitation of the means to deliver unsolicited commercial email.
- Any activity that disrupts, degrades, harms or threatens to harm the BHIS Network or the Service.
- Any use of another party's electronic mail server to relay email without express permission from such other party is prohibited.
- Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in
this Policy, may result in suspension or termination of the User's access to or use of the Service.
This listing of prohibited activities is not exhaustive and ByteHosting reserves the right to determine that any conduct that is or could be harmful to
the BHIS Network, ByteHosting's customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this
Policy.
Responsibilities of Customers
Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their
network. You agree immediately to notify ByteHosting of any unauthorized use of your account or any other breach of security known to you. If
you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are
required to notify us.
- Impending Security Event Notification
All Users of the BHIS Network are responsible for notifying ByteHosting immediately if they become aware of an impending event that may
negatively affect the BHIS Network. This includes extortion threats that involve threat of 'Denial of Service (DOS)' attacks, unauthorized
access, or other security events.
- Configuration
All Users of the BHIS Network are responsible for configuring their own systems to provide the maximum possible accountability. ByteHosting shall
not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by
ByteHosting. For example, Users should ensure there are clear "path" lines in news headers so that the originator of a post may be identified.
Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that
connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, users should maintain logs
of dynamically assigned IP addresses. Users of the BHIS Network are responsible for educating themselves and configuring their systems with at
least basic security. Should systems at a User's site be violated, the user is responsible for reporting the violation and then fixing the
exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol)
Server, the user is responsible for re-configuring the system to stop the abuse.
- Complaints
In most cases, we will notify our customer of complaints received by us regarding an alleged violation of this Policy. You agree to promptly
investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you
are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint.
You shall identify a representative for the purposes of receiving such communications.
- Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be
susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the
security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information
transmitted via any server designated as "secure."
Claims of Copyright Infringement
Please click here for information relating to the Interim Designation of Agent to Receive
Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).
Additional Terms and Conditions
The use of the BHIS Network by a customer of ByteHosting is subject to the terms and conditions of any agreements entered into by such customer and
ByteHosting. This Policy is incorporated into such agreements by reference.
Any complaints regarding prohibited use or other abuse of the BHIS Network, including violations of this Policy, should be sent to ByteHosting. Please
include all applicable information that will assist ByteHosting in investigating the complaint, including all applicable headers of forwarded messages.
Sites experiencing live attacks from ByteHosting customers should call into our Network Operations Center (NOC) (telephone 866-894-6192) to submit a
complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated
use or action is permitted, please submit questions or comments to ByteHosting via our NOC's Abuse Team.
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