Dedicated Server Acceptable Use Policy (AUP)

Background

This "Acceptable Use Policy" or "AUP" of Proaxxs applies to Proaxxs Web Solutions, and all other divisions, subsidiaries, affiliates and identities used by Proaxxs and references hereinafter to Proaxxs includes reference to the foregoing terms. This AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of Proaxxs. We may, from time to time at the sole discretion of Proaxxs, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses. We may further, from time to time at the sole discretion of Proaxxs, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to our website or by notification to you of the modified AUP. This AUP is not exhaustive.

Hereinafter, "Services" is defined as any offering of Proaxxs including, without limitation, those managed, in whole or in part, for you by Proaxxs, "Servers" is defined as any CPU based hardware platform of Proaxxs including, without limitation, those managed, in whole or in part, for you by Proaxxs, and "IP Addresses" is defined as any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address assigned by Proaxxs to you as part of the Services or Servers provided to you by Proaxxs.

By registering for or using the Services, Servers, or IP Addresses provided to you by Proaxxs, you accept and agree to abide by the terms and conditions of the "Terms of Service" or "TOS" of Proaxxs, the rules, regulations, and restrictions of the "Acceptable Use Policy" or "AUP" of Proaxxs, and the laws of the cities, states, and countries wherein the Services, Servers, or IP Addresses of Proaxxs are located which are hereby incorporated into this AUP. Solicitation of any illegal act on, to, from, or through the Services, Servers, or IP addresses provided to you by us, whether performed or not, is a violation of this AUP.

Specific Violations of This AUP (not an exclusive list)

Advance Fee Fraud
Spam to solicit an advance fee in return for monetary gain.

Child Porn Site
Hosting, distributing, or linking from a site to pornography involving a person under legal age. ( See Title 18 USC Chapter 110 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2256 Definitions and § 2257 Record keeping requirements http://uscode.house.gov/download/pls/18C110.txt )

Child Porn Email
Sending email containing or linking to pornography involving a person under legal age. ( See Title 18 USC Chapter 110 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2256 Definitions and § 2257 Record keeping requirements http://uscode.house.gov/download/pls/18C110.txt )

Copyright
Hosting, distributing, or linking to copyright infringed materials. ( See http://www.copyright.gov/title17/92chap5.html )

Cracking
Brute force access of secured network devices.

DoS
Denial of service attack of network devices.

Embargo
Hosting or Linking to a Site Prohibited by Embargo.

Forgery
Faking an IP address, hostname, e-mail address, or header.

Fraud Site
Hosting or linking to a website intended to deceive the public.

Hacking
Circumventing security systems of network devices.

HYIP Site
Hosting or linking to a website of high yield investment program, Ponzi Scheme, or Pyramid Scheme.

ID Theft
Hosting, Distributing, or Linking to Stolen Account Identification Information.

Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.

Invalid Hostname
A vain, obscene, or malicious host name or domain name.

IRC Malicious
Malicious Use of Internet Relay Chat.

IRC Unregistered
Internet Relay Chat Server not Registered and Approved by our abuse department through a ticket request.

Open Relay
Hosting an Open Relay of Any Type.

Pharmaceuticals
Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.

Phishing
Identity Theft by Email Under False Pretense.

Proxies
We impose no specific restrictions on running ‘closed proxy’ services, which requires some form of authentication to access. Any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies, etc. are not allowed

Proxy Hijack
Use of a Third Party Proxy Vulnerability or Trojan.

ROKSO
ROKSO Blacklisting at www.spamhaus.org of an IP. ( See http://www.spamhaus.org/rokso/index.lasso )

Scanning
Probing for Vulnerabilities of Network Devices.

Shells
Hosting Accounts Primarily for Shell Access.

SORBS
SORBS Blacklisting at www.sorbs.net of an IP.

Spam Cannon
Sending High Volume Spam (UBE).

Spam Email
Unsolicited Bulk Email (UBE).

Spam List
Hosting, Distributing, or Linking to Email Address Lists for Spam.

Spam News
Posting the same message repeatedly in any newsgroup or to multiple newsgroups or posting an off-topic message to a newsgroup.

Spam Site
Hosting a Site Advertised by Spam Email or Spam Web.

Spam Ware
Hosting, Distributing, or Linking to Software Designed for Spamming.

Spam Web
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.

Spamhaus
Spamhaus Blacklisting at www.spamhaus.org of an IP.

Terrorist Site
Hosting or Linking to a Site Advocating Terrorism. ( See http://www.treas.gov/offices/enforcement/ofac/programs/terror/terror.pdf )

Tools
Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.

Trademark
Hosting, Distributing, or Linking to Trade Mark Infringed Materials.

Upstream AUP
Violation of AUP of the Upstream Provider of Proaxxs.

Wares / Warez
Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.

Web Spider
Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers.

Action for AUP Violations

Violations of this AUP are, at the sole discretion of Proaxxs, enforced by issuance of a Policy Enforcement notice to the registered contact email addresses of the Services, Servers, or IP Addresses and, additionally, may be issued to the registered abuse contact email addresses of the Services, Servers, or IP Addresses. It is your responsibility to request from Proaxxs abuse contact email addresses. Failure to receive a Policy Enforcement notice does not limit the right of enforcement by us of this AUP or your responsibility to resolve violations of this AUP in a manner acceptable to us.

All domains, sites, users, or exploits causing a violation of this AUP must be removed from the Services, Servers, and IP Addresses of Proaxxs. Any improperly configured or insecure software causing a violation of this AUP must be properly configured, hardened, or removed. You must reply to the Policy Enforcement notice within the time frame given in the notice with appropriate comments, questions, or actions to resolve the violations cited in the notice. Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, your Services, Servers, or IP Addresses may be:

• Monitored for Additional Violations

• Accessed for Investigation, Cleaning, Hardening, or Securing

• Disconnected in 24-Hours, 12-Hours, 6-Hours, 3-Hours, 1-Hour, or Immediately

• Required to Reload, possibly with No Data Recovery

• Hard Drives Seized

• Null-Routed

• Port Shutdown

• On 30-Day Probation

• Reviewed for Cancellation

• Cancelled

Management, Administration, and Security Responsibilities

If you ordered a Proaxxs managed server, we will completely manage your server and provide any required updates and/or services. Our managed services do not include third party software installations, unless you ordered a "complete plus" or "premium" admin plan, or any management outside the "normal" scope of server management. You are solely responsible, without limitation, for the management, administration, and security of the Services, Servers, and IP Addresses provided to you by Proaxxs, for any and all data stored or transmitted on, to, from, or through the Services, Servers, and IP Addresses provided to you by us, and for all passwords provided to you by us.

Should it become necessary for Proaxxs to perform, at your request, any management, administration, or security work on the Services, Servers, or IP Addresses provided to you by Proaxxs to resolve a violation of this AUP in a manner acceptable to Proaxxs, you agree to pay Proaxxs $65.00 USD per hour, billed in one-hour increments, with a one-hour minimum.

Contact Information

You are responsible for maintaining your contact information in the ticket system such that your registered contact email address is always reachable even in the event of disconnection of the Services, Servers, or IP Addresses provided to you by us.

IP Address Overlap

Use of a publicly routable IP address not provided to you by Proaxxs on the Services or Servers provided to you by us is a violation of this AUP.

Network Performance

Proaxxs provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one client of Proaxxs may adversely affect other clients of Proaxxs or our network. Any misuse of network resources in a manner which may adversely affect other clients of Proaxxs or our network is a violation of this AUP.

Internet Etiquette

You and all users of the Services, Servers, and IP Addresses provided to you by Proaxxs are expected to practice good Internet etiquette (Netiquette). Any activity or data stored or transmitted on, to, from, or through the Services, Servers, or IP Addresses provided to you by us which may adversely affect our other clients or our network as a result of an offended third person or party is a violation of this AUP.

Definition of SPAM

All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or "CAN-SPAM Act" applies to the definition of spam as used in this AUP. Please be aware that if we receive excessive amounts of abuse notices concerning SPAM, we may levy an administrative fee of not less than $25 per incident. ***NOTE: We depend on our clients assistance in SPAM issues. Please note that failure to respond to a SPAM notice within 24 hours, may result in service interruption and a $75.00 reactivation fee. We require DOUBLE opt-in mailing lists obtained through a closed-loop opt-in process, as defined in our AUP and at http://www.spamhaus.org/mailinglists.html - DOUBLE OPT-IN Procedure as explained here: http://nct.digitalriver.com/ecm/doihowto/

Bulk Email

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Proaxxs network, or spamvertising (unsolicited advertising of) sites hosted on the Proaxxs network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Proaxxs approaches a client for evidence of confirmation, this request must be honored within 24 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the Proaxxs network to be blacklisted, Proaxxs reserves the right to assess a $150 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Free Hosting Services

You are liable and responsible for violations of this AUP by all third persons or parties for whom you provide free web, mail, ftp, or other hosting. We strongly advise you not to provide free hosting to unknown third persons or parties. If a pattern of violations of this AUP from the Services, Servers, or IP Addresses provided to you by Proaxxs occurs resulting from such free hosting, we may, at our sole discretion, suspend or cancel any or all Services, Servers, and IP Addresses provided to you by us or require you to remove such free hosting from the Services, Servers, and IP Addresses provided to you by us.

TOR and Anonymous Routers or Routing Protocols

If an alleged or actual violation of this AUP is believed, in the sole discretion of Proaxxs, to have occurred on, to, from, or through the Services, Servers, or IP Addresses provided to you by us on which TOR or an anonymous router or routing protocol exists, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not and Proaxxs shall enforce this AUP at our sole discretion.

Indemnification

You acknowledge your indemnification obligations under the terms of service of Proaxxs and agree that you are solely liable and responsible for any and all monetary damages resulting directly or indirectly from violations of this AUP to include, without limitation, the services, servers, and IP addresses provided to you by Proaxxs, the network and business operations of Proaxxs, related costs incurred by us, and any third person or party and that such monetary damages will be charged to your account. Violations of this AUP may result in significant civil and criminal liability to you.

Data liability and responsibility

You are solely liable and responsible for any and all data stored or transmitted on, to, from, or through the services, servers, and IP addresses provided to you by Proaxxs to include, without limitation, block special files, character special files, directories, symbolic links, socket links, fifos, regular files, programs, databases, text, graphics, pictures, movies, audio, streaming media, web pages, hyperlinks, email, instant messages, chat messages, file transfers, host names, and domain names

Disclaimer of responsibility

Proaxxs assumes no liability or responsibility to any person or party for any violation of this aup by any other person or party. It is the policy of Proaxxs, but not its obligation, to monitor its network for potential, alleged, or actual violations of this AUP and to cancel egregious or repeat offenders of this aup without prior notice.

Subjugation

All resellers, clients, users, and sub networks of the services, servers, and IP addresses provided by us are subject to this AUP and any attempted or actual violation of this AUP by any person or party on your behalf shall be a violation of this AUP by you.

Prosecution and fines

Proaxxs cooperates fully with law enforcement agencies in the investigation and prosecution of criminal activity and has zero tolerance for violations of this AUP. We reserve the right to levy charges of $500 to $5000 USD per incident for any violation of this AUP.