As a provider of web site hosting, and other Internet-related services, Exabytes offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Exabytes respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Exabytes reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Exabytes 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 Exabytes services. This AUP will be revised from time to time. A customer’s use of Exabytes after changes to the AUP are posted on Exabytes web site, www.Exabytes, 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 Exabytes 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 Exabytes network and may reach a large number of people, including both clients and non-clients of Exabytes, clients’ postings to the Internet may affect other clients and may harm Exabytes goodwill, business reputation, and operations. For these reasons, clients violate Exabytes policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
The abuse and misuse of e-mail is a serious problem, and Exabytes Network cannot and will not tolerate it.
This policy covers all servers and domains on our network, including but not limited to Virtual Shared, Bulk Reseller, VPS, Dedicated and Colocation.
Across the Web, it is generally accepted that spam is an inconsiderate and improper business practice.
Spam is not only harmful because of its negative impact on consumer attitudes toward Exabytes Network, but also because it can overload Exabytes Network network and resources.
There are many groups that report and block the networks that spam is sent from. In the event spam is generated off of ours or our customers servers, our network can be blocked and this impacts other users putting our network at risk.
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 Exabytes Network 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.
Exabytes Network reserves the right to terminate, without warning, any account that violates this policy. Usage of Exabytes Network services constitutes acceptance and understanding of this policy.
Exabytes Network may, at its option, charge $25.00 per spam complaint we receive for any domain on our network and will be charged to the owner of the domain or the owner of the server the domain resides on or the reseller of the domain. Resellers, dedicated server owners and colocation clients may choose to pass this charge down to their client, when/if appropriate. These are non-refundable charges and will be invoiced at the time of complaint notification.
It is the responsibility of dedicated server owners, resellers and colocation clients to manage the email from their server/accounts and to keep in compliance of our policies.
Exabytes Network 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 Exabytes Network 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.
Mailing lists are a 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.
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 Exabytes has been forced to create its no adult sites policy for its virtual and bulk reseller server users, including but not limited to direct customers, resellers and resold accounts.
What does Exabytes consider “Adult Material”?
Because we can swip the IPs and assign them to the owners of these accounts, we do allow our dedicated and colocation customers to have adult content on their servers. All of our Terms of Service and Acceptable Use policies do apply, including, but not limited to:
Exabytes Network allows CGI, PHP, Perl and many other normal processes used for hosting to be used on all Virtual Servers. These processes can be resource intensive however, and because a Virtual Server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse. Shared servers are ‘shared’ and we all need to play fair. In the event a user requires more resources than is acceptable on a shared server environment, a dedicated solution, such as our VPS, dedicated or colocation services are recommended.
Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Exabytes Network is the sole determinant of what constitutes degraded server performance.
Although our Bulk Reseller plans have larger disk space and bandwidth availability, these accounts are intended for small to medium sized web sites and traffic loads. The BR Accounts are not intended for large, busy , resource intensive web sites and they will be suspended if found impacting server performance. Large busy sites, especially those using databases, usually require a dedicated solution due to resource usage. Our VPS and Dedicated Servers options are better suited for these type of sites since they do not impact other users.
Examples include, but are not limited to:
Due to their use of flat files instead of databases, Exabytes Network does not allow the use of UBB or YABB 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. Exabytes Network suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and data bases are not suited to a shared server environment.
Background Daemons in general are prohibited on Exabytes Network servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.
We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Virtual Servers (including the Bulk Reseller servers) to no more than 1000 e-mails per day, 300 emails per hour, and 30 emails per second.
The maximum email size (which inclide email content, header, attachment, etc) we allowed in our share hosting mail server is 50MB per email.
We allow unlimited number of MySQL databases, but in the interest of server stability, you have to try to keep them optimized, less than 3000 tables per database or less than a total of 5000 tables combination of all databases per hosting account and less than a total 5 GB size combination of all databases per account, whichever is lower.
Using shared hosting account as a backup/storage device is not permitted. This includes but not limited to Videos, Photos, Music, ISO, archiving of electronic files, log files.
Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts page.
Other resource intensive scripts (depending on traffic) include but not limited to:
Other applications that are prohibited on our virtual servers include but are not limited to:
Server Speed and Fairness to others. A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, Exabytes Network 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 usage by one or more clients causes extreme slowness in all areas: FTP, SSH, Web Sites and more. If the CPU, disk I/O and/or memory usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.
All accounts that are found to be using excessive amounts of system resources will receive an e-mail warning from Exabytes Network. This warning will inform you that the site is using excessive system resources. Exabytes Network will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may suspend the account or process immediately to bring performance of the server back to an acceptable level. 24 hours notice will be given if at all possible.
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. Exabytes is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Exabytes policy to terminate the privileges of customers who commit repeat violations of copyright laws. Reference our copyright infringement policy for more information.
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).
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
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.
Target Audience: Dedicated, VPS, Colocation, Bulk Resellers and Shared Hosting customers.
Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.
Consequently, in order to keep Exabytes Network network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.
Whenever possible, we will notify our customers in advance. We will also attempt to keep this page updated with current scripts which will require removal from our shared servers and/or our network.
This list includes script/program names, reason for ban, who/what servers they are banned on (e.g. our Shared or Network wide) and provide alternative options for our customers whenever possible.
Banned scripts and alternatives:
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. Exabytes is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Exabytes policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Other specific activities that are against our Acceptable Use Policy include the following:
Using Exabytes network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.
Exabytes reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the 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, mail bombing, denial of service attacks, and piracy of software.
Engaging in activities, whether lawful or unlawful, that Exabytes determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
Engaging in activities that we reasonably believe to be passing off goodwill and reputation of third party.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Exabytes will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Exabytes policy or applicable law. When Exabytes 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.
Exabytes 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, Exabytes urges its clients to assume that all of their on-line communications are insecure. Exabytes cannot take any responsibility for the security of information transmitted over Exabytes facilities.
Exabytes 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. Exabytes may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Exabytes 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. Exabytes 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, Exabytes may disclose client information or information transmitted over its network where necessary to protect Exabytes 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 Exabytes and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to mailto:[email protected].
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