Acceptable Use Policy

Through its services, Rackster Hosting Inc [hereinafter PROVIDER] provides a forum for dissemination of information as well as free and open discussion. However, should competing interests arise or integrity of PROVIDER's network is threatened or compromised, PROVIDER reserves the right to take certain preventative or corrective measures. Rackster Hosting Inc customers, along with the customers, subscribers and/or users of Rackster Hosting Inc customers [collectively hereinafter CUSTOMER], have means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. For this reason, PROVIDER has established an Acceptable Use Policy.

CUSTOMERS are expected to use the Internet responsibly, with respect to others, with courtesy for others in ways that are considered acceptable by responsible Internet users that do not harm, hurt, annoy, or offend others. Common sense is oftentimes the best guide as to what is considered acceptable use.

A CUSTOMER'S use of PROVIDER'S services after changes to PROVIDER's Acceptable Use Policy are posted on PROVIDER's web site, www.rackster.com, will constitute the acceptance by CUSTOMER of any new or additional terms of the Acceptable Use Policy that result from those changes.

When CUSTOMER obtains and/or disseminates information through the Internet, CUSTOMER acknowledges that PROVIDER is not responsible for monitoring, verifying, warranting, or vouching for the accuracy and quality of the information that CUSTOMER may acquire. For this reason, CUSTOMER is required to exercise prudent judgment regards information obtained, and should be aware that material posted to the Internet can be offensive. Because PROVIDER is not responsible for monitoring and/or censoring what can be accessible via the Internet, PROVIDER is held harmless for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. For clarification and protection of customers, Rackster Hosting Inc policies and procedures are subject to change no more than once per month. CUSTOMER acknowledges that CUSTOMER will be held liable for any activity related to, on, or against their equipment regardless of who had initiated activity.

Because information CUSTOMER creates and/or disseminates is carried over PROVIDER's network, CUSTOMER postings to the Internet may affect another CUSTOMER and may harm PROVIDER's reputation and business functions. Therefore, CUSTOMER has violated PROVIDER's service agreement and Acceptable Use Policy when CUSTOMER, CUSTOMER affiliate, or CUSTOMER subsidiary engages in prohibited activities described below:

- Misuse of system resources: Misuse of system resources, including but not limited to employing posts or programs, which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the client's own account. Resale of access to CGI scripts installed on Rackster Hosting Inc servers is also prohibited.

- Export Related Violations: Exporting encryption software and/or applications over PROVIDER's network to areas outside the United States.

- Materials or Speech of an Obscene Nature: Using PROVIDER's network for purposes of posting, storing, transmitting, displaying, advertising, or otherwise making available materials or speech of an obscene nature or pornography involving minors. PROVIDER will notify law enforcement agencies if it is aware of the presence of pornography involving minors being transmitted through or on PROVIDER's network.

- Violations Involving Intellectual Property: Any activity infringing or misappropriating the intellectual property rights of others, including trademarks, trade secrets, copyrights, software piracy, service marks, and patents held by an organization, individual or any other entity. This also includes any activity violating publicity, privacy, or other rights an organization, individual or any other entity. PROVIDER is lawfully obligated to block and/or remove access to content of CUSTOMER upon notification receipt of copyright infringement.

- Unsolicited Communications: Rackster Hosting Inc Anti-Spam Policy Introduction: Rackster Hosting Inc has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCE”, commonly known as “Spam”) whether originating from customers, from customers' customers, or from customers that provide services which are used to support UBE/UCE.

Definition: PROVIDER defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.

The Policy
(1) PROVIDER’s customers, and customers of PROVIDER customers or any downstream customers, are prohibited from sending and shall not allow their connection to PROVIDER to be used for sending UBE/UCE. Mail senders are required to maintain records that verify, on a case-by-case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at PROVIDER’s sole discretion, proof that permission was not obtained.
(2) PROVIDER customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. PROVIDER’s customers will be held responsible for all traffic either sent via their connection to PROVIDER or sent elsewhere using support services provided via their connection to PROVIDER. "Support services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE. (3) PROVIDER may charge customer and customer shall pay $1000.00 per valid UBE/UCE complaint of which PROVIDER is notified.
(4) If PROVIDER receives a complaint, it will be forwarded to customer for a response and complete resolution. If within twenty-four (12) hours there is no response indicating complete resolution, PROVIDER may block traffic to and from the IP address involved in the UBE/UCE complaint until PROVIDER is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If PROVIDER receives repeat complaints indicating that a problem has not been resolved, PROVIDER may block traffic to and from the IP or IP's, in its sole discretion, to the customer involved in the UBE/UCE complaint until PROVIDER is convinced that the problem is resolved. The customer is responsible for all UBE/UCE that passes through its connection to PROVIDER.
(5) PROVIDER also reserves the right to block traffic to and from the IP or IP's involved in hacking, and/or port scanning.
(6) Customers whose connection to PROVIDER is used to provide services to support UBE/UCE are subject to suspension of services without notification.
(7) If you run a mailserver, you must maintain a mailbox and read mail to postmaster@ (your domain).
(8) In addition, from time to time, PROVIDER blocks third party IP addresses that PROVIDER believes are used for the distribution of UBE/UCE or are designated as open relays. Any blocking of such IP addresses shall prevent PROVIDER customers from sending or receiving traffic to and from such IP addresses.

What does this mean?
(1) You must provide us with contact information for us to notify you regarding compliance with these provisions. E-mail and phones/cell phones are best, but we will attempt contact via pager as well.
(2) You must educate your customers about UBE/UCE to ensure compliance with these provisions.
(3) You must promptly investigate and satisfactorily deal with any UBE/UCE complaints forwarded to you.
(4) When using a mailing list, you must confirm that the recipients on the mailing lists have requested or otherwise affirmatively accepted receipt of any materials to be sent by you.

- Abusive, Defamatory or Tortuous Conduct: Transmitting/posting communication that defames, harasses, abuses, or threatens others. Tortuous conduct of any kind, including but not limited to posting private information about a person without his or her prior consent, interference with contracts, making unlawful threats, intentionally inflicting emotional distress, deception, fraud, sexual or other harassment, and such similar acts are also prohibited.

- Header Manipulation: Masking the origination of communication by forgery or misrepresentation message headers, in whole or in part.

- Access to Other Computers or Networks Illegally or without Authorization: Attempting to or succeeding in unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Also, penetrating or attempting to penetrate security measures of another individual's system. This is referred to as "hacking". Activity precursory in nature for penetrating a system, such as stealth scans, port scans or other information gathering activity are also prohibited. Also prohibited is any act, which interferes with the services of another user or network, as well as any act relating to the circumvention of security measures, use of security exploits, including, but not limited to, password cracking, denial of service attacks, or using resources not allocated to CUSTOMER.

- Usenet Groups: Newsgroups that violate this acceptable use policy or disseminate content that results in violation will not be accepted.

- Facilitating Policy Violations: Facilitating the availability of an application, service and/or product with a nature of violating PROVIDER's Acceptable Use Policy. This includes, but is not limited to, denial of service attacks, initiation of pinging, facilitation of spam, flooding, software piracy and mail bombing.

- Distribution of Activity viewed as Destructive: Activity interfering or disrupting the use of the ability of others to use the network in an effective manner or ability to use any connected system, network, equipment or service. This includes, but is not limited to, distribution of information relating to creating and/or transmission of denial of service attacks, mail bombing, Trojan horses, Internet viruses, pinging, worms or flooding.

- Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of PROVIDER or CUSTOMER will result in disconnection without notice. Security is a number one concern.

Please send any violations of this Acceptable Use Policy to abuse@rackster.com. CUSTOMER will indemnify PROVIDER for any violation of the service agreement, law, or policy, which results in loss to PROVIDER, or the bringing of any claim against PROVIDER by any third party. A CUSTOMER in violation of PROVIDER's Acceptable Use Policy will be subject to denial of access on PROVIDER's network or implementation of applications designed to block offending transmissions from the date of violation. PROVIDER reserves the right to monitor its service for the determination of whether its facilities are operating satisfactorily. PROVIDER is not responsible for the security of information, nor the content transmitted, over PROVIDER's facilities.

IMPORTANT NOTE – Rackster Hosting Inc has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined above. We reserve the right to changes these terms at anytime without notice. Please check this section on a regular basis.