hivetec: Acceptable Use Policy.
hivetec
Acceptable Use Policy
as
described below defines the actions which hivetec
considers to be abused and strictly prohibited.
For abbreviation purposes, hivetec will be referred as hivetec and companies or
individual account owners using our services as CUSTOMERS.
There are no exclusions in this listing.
Please, be aware that the actions listed below are also prohibited from other Internet
Presence Providers (IPP's) and their users on behalf of hivetec
to advertise any service hosted by hivetec or connected via
the hivetec Network.
As defined by the Federal Trade Commission Deception Policy Statement, such services
are not to be advertised by way of deceptive marketing policies.
hivetec
Acceptable Use Policy has
been formulated with the following goals in mind:
-
Ensure security, reliability and
privacy of hivetec systems and network, and the networks and systems of others.
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Avoid situations that may cause hivetec
to incur civil liability.
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Maintain the image and reputation
of hivetec as a responsible organization.
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Preserve the value of Internet
resources as a conduit for free expression.
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Encourage the responsible use of
net resources, discouraging practices which degrade the usability of network resources and
thus the value of Internet services.
-
Preserve the privacy and security
of individual users.
The Acceptable Use Policy below defines
the actions which hivetec considers to be abusive, and thus, strictly
prohibited.
The examples named in this list are
non-exclusive, and are provided solely for guidance to hivetec
customers.
If you are unsure whether any contemplated use or action is permitted, please our contact form.
and we will assist you.
Please note that the actions listed below are also not permitted from other Internet Service
Providers on behalf of, or to advertise, any service hosted by hivetec,
or connected via the hivetec network.
Furthermore, such services may not be advertised via deceptive marketing policies, as defined by
the Federal Trade Commission Deception Policy Statement.
Network
Security
Customers may not use hivetec's network as
to attempt to circumvent user authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the Customer, logging into a
server or account the Customer is not expressly authorized to access, password cracking, probing
the security of other networks in search of weakness, or violation of any other organization's
security policy.
Customers may not attempt to
interfere or deny service to any user, host, or network. This includes, but is not limited to,
flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.
If your server is the initiator or target of a
denial of service attack that adversely affects our/somebody else network, we will terminate
your account without warning and you will be held responsible for any charges that may result
from this action.
Activities that attract denial of service attacks
are expressly prohibited.
Customers involved in these activities will be terminated as soon as we are aware of them.
These activities include, but are not limited to: selling shell accounts, and involvement with
IRC of any kind. This prohibition is for the protection of our customer base as a whole; these
kinds of services tend to attract attacks that have the potential to degrade service for all of
our customers.
hivetec will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal violations. Users who violate
systems or network security may incur criminal or civil liability.
hivetec reserves the right to charge up to $500 per complaint to
investigate.
Server Interface
The hivetec
Web Interface and Control Panel are proprietary software.
Although we do not protect the software with compilation nor with encryption, it is protected
under copyright and trade secret laws and is not to be modified nor distributed in any fashion
unless authorized in writing by hivetec.
Customer Spamming Policy
hivetec has zero tolerance for spam originating from our customers, or
from our customers' customers, or for spam advertising web sites of our customers or our
customers' customers.
eMail - Junkmail (spam) policy
Our mail system is tough on Unsolicited Commercial Email (UCE or spam).
We reject mail from unknown domains. We do not permit relay through our hosts.
We also maintain a blacklist and AI filter that rejects the vast majority of spam.
Most of this is done automatically for our users without them asking.
Users of the our mail system unconditionally accept WebEstate's right to configure anti-spam
measures.
We do not guarantee either that we will delete all spam, or that all legit mail will be
delivered. The default user configuration rejects spam.
It may occasionally reject legitimate mail that appears to be spam.
Upon request, we can let more of the spam through into your account, but it is still possible
that on rare occasions, legit mail may be lost for other reasons.
The Policy
You refers to the hivetec
Customer; we refers to hivetec.
-
hivetec
has the right to charge $500 per
complaint to investigate.
-
hivetec
does not deal with your customers
or their customers etc.
We hold our customers responsible for dealing with spam from or about their section of the
network.
-
If we get a first complaint, we
will forward it to you. If we don't receive a response indicating the complete resolution
of the complaint within 24 hours, we may drop the section of IP space involved in the spam
complaint until we are convinced that the problem is resolved. In particular, we are
concerned with spam that not only originates from your network, but also that advertises
sites hosted on your network.
-
If we get repeat complaints and
it is clear that the problem has not been resolved, we may blackhole the section of IP
space involved in the spam complaint until we are convinced that the problem is resolved.
If so, we will contact you as soon as is feasible.
-
We reserve the right, to drop the
section of IP space involved in spam or Denial-of-Service complaints if it is clear that
the offending activity is causing great harm to parties on the Internet. In particular, if
open relays are on your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to
me?
-
You must provide us with, and
keep current, good contact information for you. eMail, fax, and telephone contacts are
used, in that order of preference.
-
You must educate your customers
about spam so that it does not become a problem for you, or for us. If you sell accounts
on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive
as our own.
-
You must promptly investigate and
deal with any spam or other abuse complaints forwarded to you.
Why this Policy?
We at hivetec
feel strongly that the usability of the Internet is dependent on the elimination of UCE
(Unsolicited Commercial eMail) from the mailboxes and newsgroups of both casual and heavy
Internet users.
If you host web sites, you must be particularly vigilant, as you and your other customers could
be disconnected from the Internet due to one customer's spamming.
Bandwidth Charges
Higher levels of traffic will incur
overcharges on a monthly basis. However, the rates for bandwidth usage are lower for hivetec than for
any other services we offer. hivetec provides full access to industry standard MRTG web reports for
network traffic monitoring and reporting. hivetec also provides graph that represents how hivetec computes
customer's monthly usage, according to the industry-standard average bandwidth system. The
bandwidth analysis total reflects the bandwidth month's Kbps. The conversion takes place through
another report to convert Kbps to Gbps. These charges reflect our expenses in network
maintenance, upgrades, backbone port charges, leased line loops, and equipment.
IP Policy
(dedicated Servers only)
ARIN (the American Registry for
Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them
without a strict accounting of use of existing IP's; we must therefore require periodic updates
of IP address use. The way we will implement this, for now, is for customers who need more IP
addresses use our contact form.
to get detailed instructions via autoresponder.
Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping'
testing, will be subject to reassignment by
hivetec
. No prior notice will be given, but we will
email you at your current contact address to inform you that we have taken back the IP numbers.
You can of course request more when you are ready to use them. And, as stipulated elsewhere, any
work incurred in reclaiming unused IP numbers which have been registered as nameservers will be
billed at our current administrative services rates.
While we will allocate our customers an
"unlimited" number of IP
addresses, our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use of IP addresses for IP based virtual
hosts will not be accepted as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses where name-based hosting could
be used, we will revoke authorization to use those IP addresses that could be used with
name-based hosting."
hivetec
may assign its customers IP
(Internet Protocol) addresses on a temporary basis or for
the life of the
contract.
Customer agrees that IP addresses are not portable, and acknowledges that IP
addresses are the sole property of
hivetec
and are assigned as
part of the services.
Furthermore, client acknowledges that use of IP
addresses not allocated by
hivetec
to customer or users is
expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $150
separate from any other service or incident fees prepaid by
customer.
At the conclusion of Customer's contract, Customer is
required to provide a
copy of an Authorized domain registrar (i.e. Network
Solutions) records,
showing that Customer's hostname servers no longer claim
the use of our IP
addressed we have provided to customer. This document must
be delivered to
hivetec
within 10 days after the effective contract
termination
date.
General
Conduct
Customers are prohibited from
transmitting on or through any of hivetec's services, any material that is, in hivetec's sole discretion,
unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local, state, national
or international law.
hivetec's
services 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 any other
statute. hivetec's reserves the right to remove such illegal material from its servers.
The customer is responsible for
keeping his billing data with hivetec up-to-date and accurate. Furnishing false data on any contract
or application, including fraudulent use of credit card numbers, is grounds for immediate
termination, and may subject the offender to civil or criminal liability.
The resale of hivetec's products and
services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure:
hivetec may assign clients a reasonable amount of IP addresses (Internet Protocol) on a
temporary basis or for the life of the contract.
The Client agrees that IP addresses are not portable and acknowledges that IP addresses are the
sole property of hivetec and are assigned as part of the services. Furthermore, client
acknowledges that use of IP addresses not allocated by hivetec to customer or users is
expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any
other service or incident fees prepaid by customer.
Facilitating a violation of this AUP:
Software, services, programs, activities, and
advertisements that promote, enable, or facilitate any activity that is prohibited within this
document, including spam, denial of service attacks, compromise of other systems or attempts to
compromise other systems are ALL considered to be violations of this AUP.
Payment
-
Customers agree to supply
appropriate payment for the services received from hivetec, in
advance of the time period during which such services are provided.
-
Customers agree that all setup
fees are non-refundable once setup is completed.
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Customer is aware that if you are
paying by credit card, prepayments will be billed and charged automatically, and that hivetec
may apply the amount due to the provided card at any time.
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All invoices are sent to
customers via e-mail.
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If payment is received by Wire
transfer, there is an administrative fee of $20 US per instance.
-
Customer understands and agrees
that hivetec shall not be responsible for any charges or expenses
that customer may incur resulting from overdrawing customer's bank account or exceeding
customer's credit card limit as a result of an automatic or manual charge generated by hivetec
pursuant to this authority.
-
Returned checks will
incur an administrative fee of $25 US.
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Timely payment is crucial. All
accounts that are past due by more than 5 calendar days are subject to 10% late Fee and
interruption of service(s) without further notice. With all disconnection's, a $50.00
reinstatement fee will apply to reactivate the service(s) again.
If customer's account is in default and their account
is sent to collections, customer will be responsible for any collections fees that may
apply.
Contract Length:
The minimum contract length for any of
our services is 6 months, for Network Access and Dedicated Server services.
Customer can change programs or services as many times.
A $50.00 upgrade/downgrade fee and $500.00 upgrade/downgrade fee for Dedicated Server services
might be charged (ask).
Cancellation:
hivetec reserves the right to cancel service(s) at any
time. All fees paid in advance of cancellation will be pro-rated and refunded by hivetec
to customer if hivetec initiates its right of cancellation and
customer is NOT in violation of these Terms and Conditions. If cancellation is caused by
customers and/or its client's breach of the Terms and conditions, then customer agrees that no
refund is due. Customer understands that service(s) can be cancelled at any time effective
the end of the contract.
Due to protection concerns, all account
cancellations must be done in writing via US mail or fax. Notifications of cancellation must
include the company letterhead, account name, principal contact name with valid signature, last
four digits of credit card number on file and reason for cancellation. Third party cancellations
are not accepted.
Upon termination, either by hivetec or
Customer, for any reason, Customer is responsible for deleting his/her host registrations from
domain registrar(s) within 10 business days. Customer further agrees to pay hivetec all
reasonable administrative costs if hivetec must intervene in deregistering the hosts.
Disclaimer:
-
hivetec is not responsible for any damages your
business may suffer.
-
hivetec does not make implied or written
warranties for any of our services.
-
hivetec denies any warranty or merchantability for
a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by hivetec.
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The Customer will not use its
network nor space provided by hivetec to violate any law. In the
event Customer violates existing law, hivetec shall have the
right to terminate all service set forth in this Agreement. In the event hivetec
is informed by government authorities of inappropriate or illegal use of hivetec
facilities or other networks accessed through hivetec, hivetec
may terminate customer's service.
-
hivetec will cooperate fully with investigations
of violation of systems or network security at other sites.
-
hivetec will cooperate with law enforcement
authorities in the investigation of possible criminal violations.
-
Customers who violate systems
and/or network security, may incur in criminal or civil liability.
-
hivetec reserves the right to amend its policies
at any time. You will be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms
of use policy.
If you have any questions concerning
the above stated terms and conditions then please contact us:
hivetec
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