TheServerExperts
value our clients and wish to provide them with the best
possible hosting experience. To offer you the best service
possible, all clients need to follow the same rules and
guidelines. These policies are intended to make TheServerExperts
service available to all our clients as consistently and
efficiently as possible.
ACCEPTABLE USE POLICY - SERVICE GUIDELINES (AUP)
Online Activity:
Any attempts to undermine or cause harm to the TheServerExperts
equipment, network, operations, or clientele is STRICTLY
prohibited. TheServerExperts will pursue legal action to
the fullest extent for all abuse/violation of such.
Any activity deemed damaging or abusive, whether unlawful
or considered to be detrimental to the operations of TheServerExperts,
is prohibited.
This includes, but is not limited to:
* Denial of Service Attacks (DOS/DDOS)
* Unnecessary Port Scans.
* Mail Bombing.
* Unsolicited Advertising via IM, Forums, Newsgroups, Email,
etc.
Bulk Email:
We understand that bulk email is an important mechanism
for keeping people informed. However, spamming (unsolicited
advertising), from the TheServerExperts network, or spamvertising
(unsolicited advertising of) sites hosted on the TheServerExperts
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 TheServerExperts approaches a client for evidence of
confirmation, this request must be honoured within 48 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 TheServerExperts network to be
blacklisted, TheServerExperts 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.
Please make an effort to limit outgoing mail on your account
to no more than 1000 pieces per hour. Large mailings are
preferred to be sent from the hours of 12AM - 8AM EST.
Unauthorized Usage:
In any case involving unauthorized parties utilizing a TheServerExperts
service for abuse/violations, the client will be responsible
for stopping all affected applications, until the source
of the problem is found and corrected. TheServerExperts
may opt to disable all services until the client can perform
such an investigation. If the technical support of TheServerExperts
is required for the investigation, the client agrees to
compensate TheServerExperts at a rate of $75/hour for such
services performed, if such services are not included in
the client's current service package.
In general, the client is responsible for maintaining a
secure system. This includes, but is not limited to:
Additionally, TheServerExperts will not be responsible for
securing third-party applications.
The client is expected to monitor his/her system(s) and/or
service(s). Resource usage should be maintained within the
level outlined in the service contract. Abuse caused by
end-users or unauthorized parties may increase resource
usage and it should be noted that overage fees may apply.
Certain clientele, such as those with Critical(safe) fully
managed support services, may be entitled to a higher level
of support than those clientele with only basic management
included with their service(s). The above unauthorized usage
responsibilities may differ for such clientele.
Warnings:
The TheServerExperts Abuse department makes an attempt to
contact the client, via email, when the first sign of a
possible violation is noted. These alerts are a courtesy.
Responses to such alerts are required. If an alert is received
from any TheServerExperts staff member, the client is responsible
for acknowledging his/her understanding and citing any action
planned or taken, within 24 hours of the notice. Failure
to do so may lead to suspension. Repeated failure to do
so may result in termination.
Note: It is extremely important to ensure that the email
address on record with the TheServerExperts Customer Service
Department is valid. This is the address used for abuse
notifications and warnings.
Bandwidth:
Overage fees will apply to any service utilizing more than
it's assigned bandwidth allocation, except for those services
advertised/sold as "UNMETERED". Overages will
be calculated based on overall amount of GigaBytes (GB)
transferred in a monthly period, unless a service is sold
based on Megabits per Second (MBPS). Services sold by MBPS,
will be calculated via the industry standard 95% method,
unless specified in contract otherwise. MRTG or other bandwidth
reporting is available upon request for all services. Client
is responsible for all usage, and any corresponding overages
fees, that result from a service that may be hacked and/or
flooding. TheServerExperts may require a deposit should
a client utilize/require large amounts of bandwidth beyond
their standard bandwidth allocation.
Unmetered:
Services advertised/sold as "UNMETERED" will not
be subject to bandwidth overage fees. Bandwidth is supplied
from a shared pool, and is not supplied as guaranteed/dedicated
bandwidth. Burstable usage of the UNMETERED service/port
is permitted, however, a service that has heavy sustained
usage may have their port capped or be asked to upgrade
to a dedicated service plan. UNMETERED service is supplied
on a "best-effort" basis---which may result in
some slowdowns during peak traffic times.
Port Usage:
Basic Dedicated & Co-Located servers are installed on
100MBPS unthrottled ports, unless service is sold as a specified
port size (ie 10MBPS UNMETERED) or specified/requested as
a capped port. TheServerExperts reserves the right to monitor
network usage, and if a service significantly exceeds average
usage, to throttle the available speed to conserve network
resources and to prevent any large billing anomalies. This
will generally not include short spikes in usage, but will
include, but not be limited to, sustained transfers of significantly
larger than average amounts of bandwidth. If at any time
any client's data transfer rate affects other TheServerExperts
clientele, TheServerExperts reserves the right to throttle
and/or disconnect the service causing such a problem.
Security: TheServerExperts clients are solely responsible
for any misuse of their account, even if the offending act
or conduct was committed by, results from or arises from
the act, omission or behavior of someone other than the
client. Thus, clients must take the necessary precautions
to protect access to and use of their accounts. TheServerExperts
recommends using passwords (which themselves must be kept
secure) containing at least six, if not eight characters,
at least one of which should combine upper and lower case
letters and should not contain or be based on any word or
personal information (i.e., birth date, social security
numbers, etc.). Users may not: share password and account
access with unauthorized users; use or attempt to use an
account to breach the security of another account or attempt
to gain unauthorized access to another network or server;
attempt to obtain another user’s account password;
attempt to circumvent user authentication or security of
any host, network or account (cracking), including but not
limited to accessing data not intended for the user, logging
into or making use of a server or account not expressly
authorized for the user or accessing or probing the security
of other networks; use or distribute tools designed for
compromising security, including by not limited to password-guessing
programs, cracking tools or network-probing tools; and/or
attempt to interfere with service to any user, host or network
(denial-of-service attacks), including but not limited to
flooding of networks, deliberate attempts to overload a
service and attempting to crash a host.
Violations and Remedies: WARNING: Users who violate systems or network security
may incur criminal or civil liability. TheServerExperts
will cooperate fully with all investigations of violations
of systems or network security at TheServerExperts and/or
other sites, including but not limited to cooperation with
law enforcement authorities in the investigation of criminal
violations. TheServerExperts reserves the right to suspend
or terminate the account, or any part thereof, of any client
who, in the judgment of TheServerExperts, fails to abide
by the policies contained herein. In addition, TheServerExperts
may take such equitable actions as it deems appropriate,
including but not limited to those more fully set forth
in the TheServerExperts master Service agreement terms and
conditions, and may seek legal remedies for any damages
it may incur as a result of any violation of this policy
or attempted misuse or abuse of the TheServerExperts network
facilities, products and services.
Client Responsibilities: Each TheServerExperts client is responsible for
the activities of its subordinate customer base or end-users
and, by accepting service from TheServerExperts, agrees
to ensure that its customers abide by this policy. Complaints
about the customers or end-users of a TheServerExperts
client will be forwarded to the TheServerExperts client’s
hostmaster for action. If activity in violation of this
policy continues, then the products and services of the
TheServerExperts client may be subject to suspension,
termination or other action, without notice, as TheServerExperts
in its sole discretion deems appropriate. It is the client’s
responsibility to check the TheServerExperts web page
for updates or modifications of the acceptable use policy.
TheServerExperts reserves the right to modify the acceptable
use policy at any time without notice.
Monitoring Obligations:
Clients acknowledge that TheServerExperts has no obligation
to monitor services in any way unless otherwise specified
by contract, but that TheServerExperts has a right to
monitor the service from time to time and to disclose
any information as necessary to satisfy any law, regulation,
ordinance or other government request, to operate the
service properly, or to protect itself or its subscribers.
TheServerExperts shall not intentionally monitor or disclose
any private e-mail message unless required by law. TheServerExperts
reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable or
in violation of this acceptable use policy.
TheServerExperts "Acceptable Use Policy"