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The following section(s) constitutes the Hosting Policies of BlueSphere Technology
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
• Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
• Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
• Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
• Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
• Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data is not permitted.
• Spamvertised Sites. Hosting web pages advertised by spam sent from another network (spamvertised) is not permitted.
• Users are responsible for any scripts that are uploaded into your hosting space and the security of such scripts. Any disruption to the function of the web servers or breaches of security due to insecure scripts will be cause for immediate termination of your account.
• Domain names must be live on our servers. Your hosting space cannot be used for storage, downloads and/or bandwidth usage via IP address from outside the live site.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of BlueSphere Technology is (i) in violation of any local, provincial, state or federal law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. BlueSphere Technology investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's hosting space.
- Circumventing user authentication or security of any host, network or account, including cracking.
- Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (spoofing) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
Failing to comply with BlueSphere Technology's procedure relating to the activities of Customers on the BlueSphere Technology premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Internet Etiquette
Each Customer is expected to execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which BlueSphere Technology 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, and tortuous, indecently depicts children or is likely to result in retaliation against BlueSphere Technology by offended users. BlueSphere Technology 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.
Child Pornography
BlueSphere Technology 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 their actions over the BlueSphere Technology 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.
Copyright Infringement
BlueSphere Technology hosting space may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of laws, 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; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. BlueSphere Technology will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers.
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