| ACCEPTABLE USE POLICY
Background
Shearar.Net Acceptable Use Policy (AUP) is designed
to provide a clear understanding of the rules,
regulations and
restrictions
regarding the use of Shearar.Net services.
From time to time Shearar.Net
may impose reasonable
rules and regulations regarding the use of its services. The
AUPs are
not
exhaustive and Shearar.Net reserves the right to
modify the AUPs at any time, effective upon either
the posting
of the
modified AUPs to www.shearar.net or notification of the modified
AUPs.
By registering for and using the services, and thereby accepting
the terms and conditions of the Terms
of Service Agreement
or its equivalent, you agree to abide by the AUPs as modified
from time
to time.
Any violation of the AUPs may result in the suspension
or termination of your account or such other
action as Shearar.Net
deems appropriate. An unlisted activity may also
be a violation of the AUPs if it is
illegal, irresponsible, or
disruptive
use of the Internet. No credits will be issued for any interruption
in
service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION
OR SUSPENSION OF THE SERVICES
YOU RECEIVE
FROM Shearar.Net. YOU SHALL REMAIN SOLELY
LIABLE
AND RESPONSIBLE
FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT
YOU
DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF
THE
SERVICES. "CONTENT"
INCLUDES,
WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES,
AND DOMAIN
NAMES. IT IS Shearar.Net'S POLICY TO TERMINATE
REPEAT INFRINGERS. Shearar.Net RESERVES THE
RIGHT TO
REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting
servers under customer
control. If a customer's server is involved
in an attack on another server or system, it will be shut down
and an immediate investigation will be launched to determine the
cause/source of the attack. In such
event, the customer is responsible
for the cost to rectify any damage done to the customer's server
and
any other requirement affected by the security breach. The
labor used to rectify any such damage is
categorized as emergency
security breach recovery and is currently charged at $195 USD per
hour.
Enquiries regarding security matters may be directed to
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System And Network Security Violations of system or network security
are prohibited, and may result in
criminal and civil liability. Shearar.Net
may investigate incidents involving such violations
and may involve
and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or
network security violations
include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or
test the vulnerability of a system
or network or to breach security or authentication measures without
express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system
without express authorization of
the owner of the system or network.
Interference with service to any user, host or network including,
without limitation, mail bombing,
flooding, deliberate attempts to
overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information
in an e-mail or a newsgroup
posting.
High-risk services, which are services which tend to attract denial
of service attacks, are strictly
prohibited. This includes, but is
not limited to, IRC related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for
the cost of labor to clean up and correct
any damage done to the
operation of the network and business operations supported by the
network,
and to respond to complaints incurred by Shearar.Net.
Such labor is categorized as emergency security
breach recovery and
is currently charged at $195 USD per hour required. Enquiries regarding
security
matters may be directed to
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.
Shearar.Net is concerned with the privacy of online
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, Shearar.Net
urges its customers to
assume that all of their online
communications are insecure. Shearar.Net cannot take responsibility
for
the security of information transmitted over Shearar.Net
facilities.
Password Protection
The customer is responsible for protecting customer's password and
for any authorized or unauthorized
use made of customer's password.
The customer will not use or permit anyone to use Shearar.Net
service to guess passwords or to access other systems or networks
without authorization. Shearar.Net
will fully cooperate
with law enforcement authorities in the detection and prosecution
of illegal activity.
Contact Information
Customers are responsible for maintaining their contact information
in the ticketing system such that the
email address is always reachable
even in the event of their Shearar.Net servers being shut
down.
Internet Etiquette
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The
customer will comply with
the rules appropriate to any network to which Shearar.Net
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 Shearar.Net by
offended
users. Shearar.Net 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.
Copyright Infringement - Software Piracy Policy
The Shearar.Net network 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
other intellectual property rights. Making unauthorized copies
of software is
a violation of the law, no matter how many copies
you
are making. If you copy, distribute or install the
software
in
ways that the license does not allow, you are violating federal
copyright
law. If caught with
pirated software, you or your company may
be liable under both civil and criminal law, and you may be
fined up to $250,000 and/or receive up to 5 years in jail. In compliance
with
the Digital Millennium
Copyright Act (the "DMCA"), please
send DMCA notifications of claimed copyright infringements to
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.
Network Responsibility
Customers have a responsibility to use the Shearar.Net
network responsibly. This includes respecting
the other customers
of Shearar.Net. Shearar.Net reserves the right to
suspend and or cancel service
with any Customer who uses the Shearar.Net
network in such a way that adversely affects other
Shearar.Net customers.
This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers
and services that belong to Shearar.Net
or its customers
(i.e. computer hacking), and/or
Participating in behavior which results in reprisals that
adversely affect the Shearar.Net network or
other
customers' access to the Shearar.Net network.
Shearar.Net will react strongly to any use or attempted
use of an Internet account or computer without
the owner's
authorization. Such attempts include, but are not limited
to, "Internet Scanning" (tricking
other people into releasing their passwords), password robbery, and
security hole scanning, port
scanning, etc. Any unauthorized use
of accounts or computers by a Shearar.Net customer, whether
or
not the attacked account or computer belongs to Shearar.Net,
will result in severe action taken against
the attacker. Possible
actions include warnings, account suspension or cancellation, and
civil or criminal
legal action, depending on the seriousness of the
attack. Any attempt to undermine or cause harm to a
server, or customer,
of Shearar.Net is strictly prohibited.
Violations of this policy may be reported directly to the
FBI's Infrastructure Protection & Computer
Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
Shearar.Net will cooperate fully with
any civil and/or criminal
litigation arising from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any
information, data or material
in violation of any applicable law, regulation, or AUP is
prohibited. This
includes, but is not limited to:
Copyrighted material or material protected by trade secret
and other statute ordissemination of harmful
or fraudulent content.
Using any Shearar.Net service or product for the
purpose of participating in any activity dealing with
subject
matters
that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking,
abuse, or a violation of federal export
restriction in connection
with use of Shearar.Net services or products is
prohibited.
Using the
Shearar.Net network to solicit the performance
of any illegal activity is also prohibited, even if the
activity
itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be
legally distributed, even without the
act of distribution, is prohibited.
Servers hosted within Shearar.Net network are open
to the public. You are solely responsible for your
usage
of the Shearar.Net network and servers and any statement
you make on servers hosted within
the Shearar.Net network may be deemed "publication" of
the information entered. Acknowledging the
foregoing, you specifically
agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. Shearar.Net
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 the actions
of their clients over the Shearar.Net
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.
Violations of the Child Protection Act may be reported to the U.S.
Customs Agency at 1-800-BEALERT
Adult Content on the Internet
Shearar.Net will provide notification and will inform any
customers in writing of improper materials on our
servers. Shearar.Net
reserves the right to disconnect any customers immediately.
Commercial Advertisements with E-mail
Shearar.Net takes a zero tolerance approach to the sending
of Unsolicited Commercial E-mail (UCE) or
SPAM over our network.
Very simply, this means that customers of Shearar.Net may
not use or permit
others to use our network to transact in UCE. Customers
of Shearar.Net may not host, or permit hosting
of, sites
or information that is advertised by UCE from other networks. Violations
of this policy carry
severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming
unless the individuals have specifically
requested to be added to a mailing list on that topic. This includes
commercial advertisements and informational messages sent to recipients
via electronic mail (email) as
well as off-topic messages posted
in Usenet discussion groups where the recipient has not requested
or
invited the message. Mailing lists must be true opt-in mailing
lists. Before sending any email to a listed
user, a confirmation
email, with a tracking number, must be sent to the new subscriber,
to which they
must respond with a confirmation that they wish to
be added to the list. You must keep these
confirmations on file,
so that in the case that a spam complaint is made against you, you
have proof that
the user did indeed opt-in. In addition, you must
provide at least one easy way to opt out; see the
MAPS guidelines
(http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests
must be honored
immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Shearar.Net are strictly prohibited from using
or permitting others to use UCE or SPAM
over our network. As our
Customers are ultimately responsible for the actions of their clients
over the
Shearar.Net network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
Violation of Shearar.Net SPAM policy will result in severe
penalties. Upon notification of an alleged
violation of our SPAM
policy, Shearar.Net will initiate an immediate investigation
(within 48 hours of
notification). During the investigation, Shearar.Net
may restrict customer access to the network to
prevent
further violations. If a customer is found to be in violation of
our SPAM policy, Shearar.Net may,
at its sole discretion,
restrict, suspend or terminate customer's account. Further, Shearar.Net
reserves
the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. Shearar.Net will notify law enforcement officials
if the violation is believed to be a criminal
offense.
USENET
Posting the same messages to multiple newsgroups (excessive cross-posting
or multiple-posting, also
known as "SPAM") is expressly
prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY
A THIRD PARTY ON BEHALF OF AN Shearar.Net
CUSTOMER OR A CUSTOMER'S END USER, SHALL BE
CONSIDERED VIOLATIONS
OF THE POLICY BY SUCH CUSTOMER OR END USER. WE RESERVE THE
RIGHT
TO LEVY FINES OF $500 to $5000 US$ PER INCIDENCE OF ANY VIOLATION
OF OUR POLICIES
For Example: If you are hosting a bulk email site on Shearar.Net
servers and you use another ISP to
SPAM from in order to reference
your Shearar.Net site by IP address or domain name, you
are violating
Shearar.Net policy and possibly the law. If
you have been granted telnet access to Shearar.Net
servers,
multiple telnet log-ons are strictly prohibited and you must come
from a valid IP address.
Forgery is against the law. Any type of
denial of service attack from valid or invalid addresses is a
violation
of Shearar.Net security policy and against the law. If you
have been granted password
privileges for FTP or telnet, sharing
your password with an unauthorized user or third party is strictly
prohibited.
Violation of Shearar.Net SPAM policy may be reported to
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IP Address Overlap
Shearar.Net administers the network on which customer servers
reside. The customer cannot use IP
addresses which were not assigned
to them by Shearar.Net staff. Any server found using IPs
which
were not officially assigned will be suspended from network
access until such time as the IP addresses
overlap can be corrected.
IRC
Shearar.Net does not allow the use of IRC on the Shearar.Net
network. This includes, but is not limited
to, the
use of IRC clients, server software, bots or anything related to
IRC.
Violators' servers will be
suspended.
Network Performance
Shearar.Net accounts operate on shared resources. Excessive
use or abuse of these shared network
resources by one customer
may have a negative impact on all other customers. Misuse of
network
resources in a manner which impairs network performance
is prohibited
by this policy and may result in
termination of your account.
You may not use network-intensive programs, such as peer-to-peer
or audio/video streaming
applications, which negatively impact
other customers or the performance of Shearar.Net systems
or
networks.
Shearar.Net reserves the right to terminate or limit
such activities.
Billing
The customer understands that the customer is responsible for
paying for any network resources that
are used to connect the
customer's
server to the Internet. The customer may request that the
customer's
server be disconnected from the Internet, but the customer
will still be responsible for paying
for any network resources
used
up to the
point of suspension or cancellation.
Suspension
Shearar.Net reserves the right to suspend network
access to any customer if, in the judgment of the
Shearar.Net
network administrators, the customer's server is the source
or target of the violation of any
of the other terms of the AUPs or for
any other reason which Shearar.Net chooses. If inappropriate
activity is detected, all accounts of the Customer in question will
be deactivated until an investigation is
complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be
contacting regarding the activity. The customer will not be credited
for the time the customer's machines
were suspended. The Customer
will be credited on a prorated basis based on the monthly fees
the
Customer pays for the servers that are suspended for the
time the Customer's machines were
suspended.
Cancellation
Shearar.Net reserves the right to cancel service
at any time. If inappropriate activity is detected, all
accounts of the
customer in question will be deactivated until an investigation
is complete. Prior
notification to the Customer is not
assured. In extreme
cases, law enforcement will be contacting
regarding the
activity. All fees paid in advance of cancellation are non-refundable
if Shearar.Net
institutes its right of cancellation.
Any
violation
of policies which results in extra costs will be billed
to
the
customer (i.e. transfer, space etc.).
Indemnification
The customer acknowledges its indemnification obligations
under the Shearar.Net Terms of Service.
Violations
of this
AUP may
result in significant civil and criminal liability of
customer.
Disclaimer of Responsibility
Shearar.Net is under no duty to look at each
customer's or user's activities to determine if a violation
of
the
AUPs has occurred, nor do we assume any responsibility
through
our AUPs
to monitor or police
Internet-related activities. Shearar.Net
disclaims any responsibility for any such
inappropriate use
and
any
liability to any person or party for any other person's
or party's violation of this policy.
All Sub-Networks, resellers and managed servers of
Shearar.Net must adhere to the above policies.
Failure
to follow any term
or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL
OR ATTEMPTED VIOLATIONS BY A
THIRD PARTY ON YOUR BEHALF
SHALL
BE CONSIDERED
VIOLATIONS OF THESE AUPs BY YOU.
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