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Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, Phoenix Systems .Net (phoenix-systems.net) offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Phoenix Systems .Net (phoenix-systems.net) respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Phoenix Systems .Net (phoenix-systems.net) reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Phoenix Systems .Net (phoenix-systems.net) has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Phoenix Systems .Net (phoenix-systems.net)’s services. This AUP will be revised from time to time. A customer's use of Phoenix Systems .Net (phoenix-systems.net)’s after changes to the AUP are posted on phoenix-systems’s web site, www.phoenix-systems.net, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that Phoenix Systems .Net (phoenix-systems.net) does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Phoenix Systems .Net (phoenix-systems.net)’s network and may reach a large number of people, including both clients and non-clients of Phoenix Systems .Net (phoenix-systems.net), clients' postings to the Internet may affect other clients and may harm Phoenix Systems .Net (phoenix-systems.net)’s goodwill, business reputation, and operations. For these reasons, clients violate Phoenix Systems .Net (phoenix-systems.net) policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Phoenix Systems .Net (phoenix-systems.net), but also because it can overload Phoenix Systems .Net (phoenix-systems.net)'s network and disrupt service to Phoenix Systems .Net (phoenix-systems.net) clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Phoenix Systems .Net (phoenix-systems.net) has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more informtion.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Phoenix Systems .Net (phoenix-systems.net) is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Phoenix Systems .Net (phoenix-systems.net)’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Adult Material
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Phoenix Systems .Net (phoenix-systems.net) has been forced to create its no adult sites policy for its virtual server users.
What does Phoenix Systems .Net (phoenix-systems.net) consider "Adult Material?"
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate policy #1.
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Phoenix Systems .Net (phoenix-systems.net) reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
Defamatory or Abusive Language
Using Phoenix Systems .Net (phoenix-systems.net)’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Background Running Programs
Background Daemons in general are prohibited on Phoenix Systems .Net (phoenix-systems.net) servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. Phoenix Systems .Net (phoenix-systems.net) will be the sole arbitor of what consitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
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 spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups
Phoenix Systems .Net (phoenix-systems.net) reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that Phoenix Systems .Net (phoenix-systems.net) determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Phoenix Systems .Net (phoenix-systems.net) will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Phoenix Systems .Net (phoenix-systems.net) policy or applicable law. When Phoenix Systems .Net (phoenix-systems.net) becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Phoenix Systems .Net (phoenix-systems.net) also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Phoenix Systems .Net (phoenix-systems.net) urges its clients to assume that all of their on-line communications are insecure. Phoenix Systems .Net (phoenix-systems.net) cannot take any responsibility for the security of information transmitted over Phoenix Systems .Net (phoenix-systems.net)’s facilities.
Phoenix Systems .Net (phoenix-systems.net) will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Phoenix Systems .Net (phoenix-systems.net) may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Phoenix Systems .Net (phoenix-systems.net) may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Phoenix Systems .Net (phoenix-systems.net) assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Phoenix Systems .Net (phoenix-systems.net) may disclose client information or information transmitted over its network where necessary to protect Phoenix Systems .Net (phoenix-systems.net) and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Phoenix Systems .Net (phoenix-systems.net) and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to abuse@phoenix-systems.net.
The abuse and misuse of e-mail is a serious problem, and Phoenix Systems .Net (phoenix-systems.net) will not tolerate it.
Definition of UCE (Unsolicited Commercial E-mail), or SPAM:
- The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Phoenix Systems .Net (phoenix-systems.net) or any URL (domain) that is hosted by Phoenix Systems .Net (phoenix-systems.net).
- Unsolicited postings to newsgroups advertising any IP or URL hosted by Phoenix Systems .Net (phoenix-systems.net).
- The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Phoenix Systems .Net (phoenix-systems.net).
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.
Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.
Phoenix Systems .Net (phoenix-systems.net):
SPAM is not only harmful because of its negative impact on consumer attitudes toward Phoenix Systems .Net (phoenix-systems.net), but also because it can overload phoenix-systems.net’s network and resources, especially on our shared (virtual) server environments.
Our Providers:
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that Phoenix Systems .Net (phoenix-systems.net) does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
Punishment For SPAM:
Phoenix Systems .Net (phoenix-systems.net) reserves the right to terminate, without warning, any account that violates this policy. Usage of Phoenix Systems .Net (phoenix-systems.net) services constitutes acceptance and understanding of this policy.
Phoenix Systems .Net (phoenix-systems.net) will charge $25.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.
Phoenix Systems .Net (phoenix-systems.net) reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.
Should you choose to e-mail from Phoenix Systems .Net (phoenix-systems.net) servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.
- Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.
- The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
- Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
- Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
- Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
- Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
- Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
- Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.
*This SPAM (UCE) Accepted Use Policy and all other Phoenix Systems .Net (phoenix-systems.net) policies are subject to change by Phoenix Systems .Net (phoenix-systems.net) without notice. Continued usage of the services after a change to this policy is implemented and posted on the Phoenix Systems .Net (phoenix-systems.net) site constitutes your acceptance of such change or policy. We encourage you to regularly check the phoenix-systems.net site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.
Phoenix Systems .Net- CGI Abuse
Phoenix Systems .Net (phoenix-systems.net) allows CGI to be used on all Virtual Servers. CGI can be resource intensive however, and because a Virtual Server must be shared with other users, we must limit how much of the CPU can be used by any one account on a shared server. There are several reasons why Phoenix Systems .Net (phoenix-systems.net) has created its CGI Abuse policy for its virtual server users.
What does Phoenix Systems .Net (phoenix-systems.net) consider "CGI ABUSE"?
Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Phoenix Systems .Net (phoenix-systems.net) is the sole determinant of what consititues degraded server performance.
Due to their use of flat files instead of databases, phoenix-systems.net does not allow the use of UBB, YABB or any other resource intensive bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. phoenix-systems.net suggests using VBulletin, Invision, or phpBB as a more efficient, database-driven alternative to these bulletin boards. If you are unsure about your bulletin board software, feel free to contact us at support@phoenix-systems.net.
Why does Phoenix Systems .Net (phoenix-systems.net) have this policy?
Server Speed and Fairness to others
A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, phoenix-systems.net cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Email, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.
What happens if I violate this policy?
All accounts that are found to using excessive amounts of system resources will receive an email warning from Phoenix Systems .Net (phoenix-systems.net). This warning will inform you that there is too much CGI running and it will provide options for reducing the usage or upgrading your server. If you do not reduce the usage within 12 hours of the email being sent, your CGI scripts and/or accounts will be disabled.
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