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Violation of Bizarre-Host Internet's Acceptable Use
Policies will be considered immediate grounds for termination of services
and no refunds will be given.
Acceptable Use Policy
Last updated
January 15 2006 14:26:11 (GMT +1)
1. Scope and Purpose
Bizarre-Host.Com (hereafter referred to as "Bizarre-Host") provides
services to view and use products, services, and other materials made
available over the Internet (Content). By its nature, the Internet is
designed to permit the expression of a wide variety of commercial and
non-commercial messages, as well as purchase and use products, services, and
other items. However, the Internet is not owned or controlled by any one
entity. Bizarre-Host can not, and does not, monitor or control any Content,
including its customer's Content. Use of the Internet, as a provider
Content, or as a user of it, requires a high level of individual judgment.
By accessing the Internet, you assume the risk that Content available
through Bizarre-Host's services may be inaccurate, offensive, illegal or otherwise
unsuitable to your individual tastes, and/or needs. Bizarre-Host can not, and will
not, accept responsibility for injury that results from this Content, even
if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet
creates, Bizarre-Host has created this Acceptable Use Policy (AUP). This AUP
governs the use of the services provided by Bizarre-Host, its customers, visitors
to Bizarre-Host's web sites, and visitors to customer's web sites (all such
collectively referred to as "End Users"). It is a part of each customer's
agreement with Bizarre-Host and is incorporated by this reference. While this AUP
is designed to facilitate open and free use of the Internet, and balance
issues presented by that use, Bizarre-Host may take actions based on this AUP that
in its sole opinion are in its best business interests, regardless of
whether the use itself is legal.
In particular, Bizarre-Host encourages prospective customers to carefully review
sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations,
and Security. A thorough review of those sections, and the entire AUP, may
help avoid creating issues under it that will cause Bizarre-Host to take action,
up to, and including, termination of a customer's account.
Customers violate this AUP when they or End Users engage in activities
prohibited by it. It is a customer's responsibility and contractual
obligation to ensure that End Users comply with this AUP. Bizarre-Host expects
that customers will cooperate with it in the enforcement and administration
of this AUP. A customer's failure to do so is a violation of their contract.
2. Conduct
2.1 Lawful Use
Bizarre-Host's services may be used for lawful purposes only. Customers and End
Users may not use Bizarre-Host's services to directly facilitate the violation of
any particular law or regulation. Use of Bizarre-Host's services is governed by
the laws of the United States, regardless of the physical location of the
Customer or End User.
2.2 Other Acceptable Use Policies
When using Bizarre-Host to connect to other systems, our customers must respect
any acceptable use policies, terms of service, terms and conditions or
similar restrictions placed on their use by the owners of those systems.
3. Accountability
Any use of a customer's account, server, or any other service provided by
Bizarre-Host will be considered use by the individual or entity set out in
Bizarre-Host's records as the owner, or principal contact. This individual or
entity will be held responsible for all contractual obligations including
violations of this AUP. The security of a customer's systems and account
details are the responsibility of the customer. The primary contact is
considered the owner or authorized user of all data using Bizarre-Host's services.
Bizarre-Host recommends that customers take steps to ensure that all use of their
account and/or server is authorized. This includes restricting physical
access to their computers and networks, logging their use, and ensuring that
their account details (especially passwords) are stored securely. Connecting
a computer to the Internet exposes it to millions of other computers.
Bizarre-Host
recommends that customers ensure that their computer is secured against
abuse from the Internet. All security related responsibilities are those of
the customer unless otherwise agreed upon in writing. Computers are
configured to facilitate their operation in Bizarre-Host's network. This
configuration may be less secure than others. Customers are encouraged to
review security protocols and ensure that they have selected the security
level fitting their needs. Bizarre-Host makes no warranties regarding the security
of its network.
The structure and nature of the Internet community changes often. Activities
that may at one time have been considered to be acceptable to the general
public, may, over time, become unacceptable. Bizarre-Host, customers, and End
Users do business in this unstable and unpredictable environment.
Bizarre-Host
will attempt to give customers 30 days prior notice of a material change to
this AUP. Such a notice will be posted at here in our Acceptable Use Policy.
However, because of the nature of the Internet, Bizarre-Host reserves the right to
change this AUP without notice. Continued use of Bizarre-Host's services
constitutes acceptance of the most current version of the AUP.
It is the responsibility of the customer to notify Bizarre-Host of any changes to
their account or contact information. Bizarre-Host has no responsibility for
communications that are misdirected as a result of customer's failure to
provide Bizarre-Host with updated contact information.
4. Contacting Bizarre-Host regarding violation of this AUP
E-mail addresses used to contact Bizarre-Host are set out within this AUP. Please
note, that Bizarre-Host has created special addresses for certain types of
complaints. Complaints misdirected by an End User may not be responded to.
Complaints submitted to Bizarre-Host are not confidential and may be forwarded to
Bizarre-Host's customer or law enforcement, without notice. Bizarre-Host does not
recognize requests that complaints be kept confidential, and will not honor
those requests.
Complaints for which a particular e-mail or other contact address is not
specified in this AUP, should be sent to abuse@Bizarre-Host.com. Complainants
should include as much detail as possible. Relevant E-mails or Usenet
postings (including all headers) and logs, together with references to
charters, acceptable use policies and other supporting evidence should all
be included when they are available. Some abuse complaints may not receive a
reply depending on the volume of abuse complaints about that particular
issue.
Bizarre-Host recognizes that it is often expedient to request that
Bizarre-Host take
action related to a customer or End User. However, Bizarre-Host is not always in
the best position to take action. The fact that a particular activity is
prohibited in this AUP does not obligate Bizarre-Host to take any specific action.
5. Intellectual Property Rights
Customers warrant that their use of Bizarre-Host's services are authorized, and
that they are the lawful owner, or licensee of Content, placed on, or
accessed through those services.
5.1 Copyright Infringement
The DMCA contains very specific
criteria setting out what an allegation of copyright infringement must
contain. The criteria are available at
http://www.copyright.gov/title17/92chap5.html#512 .
Bizarre-Host is not required to
respond to notices that do not fall within these criteria. Please review
them carefully. Under Federal Law, you may be subject to heavy civil
penalties if you misrepresent your copyright interest in a DMCA complaint.
Complaints about copyright infringement by customers or End Users may be
directed to abuse@Bizarre-Host.com.
5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or
misappropriates the intellectual property rights of others. This includes
but is not limited to, trademarks, service marks, trade secrets, software
piracy and patents. Complaints about such activity by customers or End Users
may be directed to abuse@Bizarre-Host.com.
6. Certain Content Restrictions
Bizarre-Host does not knowingly host sites containing Child Pornography, Child
Erotica or Bestiality. For the purposes of this AUP, Bizarre-Host does not
distinguish between Child Pornography, and Child Erotica, and both are
collectively referred to as Child Pornography. Customers and End Users are
prohibited from using Bizarre-Host's services to disseminate or access Child
Pornography and Bestiality. Bizarre-Host is required by law to report the use of
its services to disseminate or display Child Pornography and Bestiality.
Bizarre-Host actively cooperates with law enforcement in their efforts to
prosecute violations of U.S. statutes restricting Child Pornography and
Bestiality, and will do so without informing customers or End Users.
Child Pornography and/or Bestiality complaints may be directed to
abuse@Bizarre-Host.com.
Further information about child pornography may be found at
www.ncmec.org
7. U.S. Export and Import Laws
Customers and End Users may not use Bizarre-Host's services to engage in a
violation of U.S. export and import control laws. Violation of these laws
may include selling products that may be legal to sell in the U.S., but
illegal to export; or legal to sell in one country, and illegal to sell in
the U.S.. Customers may not use Bizarre-Host's services to provide services to End
Users with whom U.S. citizens may not do business.
More information about U.S. export laws may be found at
http://www.export.gov/exportcontrols.html
8. Privacy
Customers and End Users should not assume that any information in
Bizarre-Host's
possession is confidential or will not be disclosed.
Customers and End Users should not assume that they will receive notice of
subpoenas and requests for information related to their accounts.
Please refer to Bizarre-Host's privacy policy.
9. IP Addresses
Bizarre-Host owns IP numbers and addresses assigned to customers.
Bizarre-Host may, in
its sole discretion, change these numbers. These numbers may not be
transferred to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about Bizarre-Host's customers,
and/or their use of Bizarre-Host's services, are required to submit a subpoena, or
other similar document, pursuant to which Bizarre-Host is required by law to
produce this information (Subpoena). Unless specifically required by law and
so clearly communicated to Bizarre-Host, the Subpoena will be transmitted to
Bizarre-Host's customer.
Civil demands for information, such as discovery requests and similar
demands (Civil Demands), must be part of a filed and pending litigation
matter. Responses to Civil Demands are at Bizarre-Host's discretion. Responses are
subject to a response fee of $250 per hour. Bizarre-Host does not honor requests
from civil litigants to limit or to pre-approve response expenses. Civil
litigants are encouraged to contact Bizarre-Host prior to serving Civil Demands in
order to minimize their expense.
Address for Subpoenas and Civil Demands:
Legal Department
Bizarre-Host
Sanatorie v12
282 31 Tyringe
Sweden
11. Security
11.1 Unauthorized Access
Under no circumstances may Bizarre-Host's systems be used to gain access or deny
access to a system or attempt to gain or attempt to deny access to a system
without the permission of the system's owners (or rightful users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume
the resources of a system in order to reduce its ability to serve its
function.
Under no circumstances may Bizarre-Host's systems be used in DoS attacks.
11.3. Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause determental effects to other users and/or
the network, and, in extreme cases, may have DoS attack like effects.
11.3.1. Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1
packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher
pps to bandwidth ratios will result in immediate service termination with no
grounds for reinstatement. Furthermore, the customer will be liable for a
minimum fine of $500 per hour that the pps ratio is exceeded, or greater
based on the scope of the effect on other users and/or the network.
11.4 Probes and Scans
11.4.1 Definitions
Probe
A probe is a connection made to a computer in order to determine if it has a
security vulnerability (for example, testing a mail relay to see if it
allows third party relay). This also includes un-authorized security testing
of any system or network.
Port-Scan
A port scan is making multiple attempts to connect to a computer on
different ports in order to determine the services it provides.
Sweep
A sweep is a series of attempts to connect to multiple network addresses in
order to determine whether they are in-use, providing a specific service or
to map a network's topology.
Spoofing
Spoofing is faking the details of a connection in order to make it appear to
come from a different computer, organization or individual without their
permission.
11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express
permission of the owners of those systems is prohibited, and may be reported
to law enforcement agencies.
Bizarre-Host reserves the right to use probes, port-scans, sweeps and spoofing on
any system connected to the Bizarre-Host network in the course of performing
security assessments and threat management.
11.4.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be
rectified as soon as possible. Bizarre-Host reserves the right to disconnect an
infected customer if damage to other servers or third parties cannot be
avoided otherwise. Notification will be sent if a disconnection is
necessary, but there may be no delay between notification and disconnection.
12. E-Mail
12.1 E-mail/Spam
Generally
The Internet is a robust source for communication between individuals and
entities. Bizarre-Host supports the use of E-mail for legitimate communications in
a manner that is generally accepted. The use of E-mail for unsolicited bulk
E-mails is not generally accepted. The use of Bizarre-Host's services to transmit
this type of E-mail is specifically prohibited by this AUP. While
differences of opinion may exist on what type of E-mail communication
constitutes unsolicited bulk E-mail, or SPAM, Bizarre-Host's customers and End
Users are required to abide by the definitions and restrictions in this AUP,
regardless of whether a particular type of E-mail communication is
permissible by law or other regulation.
12.1.1 Definitions
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20
E-mail addresses.
Commercial E-mail
Commercial E-mail is any E-mail message, the primary purpose of which, is
the commercial advertisement or promotion of a commercial product or
service, including Content on a web site, which is operated for a commercial
purpose, or which has as its primary goal, a commercial purpose.
12.1.2 Bizarre-Host's services may not be used to send UBE and UCE (a.k.a. spam)
Bizarre-Host's systems may not be used to send Unsolicited Bulk E-mails (UBE) or
Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE promoting
or advertising domain names, URIs or E-mail addresses hosted by
Bizarre-Host.
See RFC2635 for more information on spam.
12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any
public bulletin board system or web site unless it is expressly allowed on
that system or web site. Complaints will be handled the in the same manner
as UBE and UCE complaints.
12.1.4 Bulk Mailing Bulk Mailing Through Bizarre-Host.com
Bizarre-Host's mail servers are the only servers designed to send Bulk E-mail
using the mailing list system that may be part of the subscribers account.
Sending Bulk (or Broadcast) E-mail through or from any Bizarre-Host.com owned
server, that is not expressly designed to handle mailing lists, is strictly
prohibited. This specifically includes but is not limited to Bizarre-Host.com web
servers running any operating system or combination of server software.
Violations of this policy may lead to sanctions permanently or temporarily
inhibiting the ability to send any mail from those servers or total account
termination at Bizarre-Host's sole discretion.
12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to the
same recipient in any 24-hour period.
Bizarre-Host's systems may not be used to engage in Mail Bombing.
13. Usenet
Usenet is a distributed hierarchy of publicly accessible forums primarily
defined by RFC1036.
13.1 Usenet Spam
13.1.1 Definitions
Cross-Posting
Cross posting is posting a single Usenet message that is marked as appearing
in multiple newsgroups.
Multi-Posting
Multi-posting is repeatedly posting identical or substantively similar
messages. Multi-posting is considered bad because each copy of a
multi-posting must be separately distributed across Usenet, whereas a
cross-posted message need only be transferred once (even though it appears
in multiple newsgroups).
Briedbart Index
In order to quantify how bad a multi-posted or cross-posted message is the
Briedbart index is used.
If during any 45 day period, a series of substantively similar messages are
posted, the first cross-posted to n1 groups, the second to n2 groups, the
third to n3 groups, etc. The Briedbart index of that series of postings is
calculated as the sum of the square roots of n1, n2, n3, etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater
than 20 constitutes Excessive Multi-Posting (EMP).
13.1.2 Prohibition of EMP
Bizarre-Host's systems may not be used for EMP. Customers or others acting on
their behalf may not engage in EMP promoting or advertising domain names,
URIs or E-mail addresses hosted by Bizarre-Host.
13.2 Off-Topic Posts
13.2.1 Definitions
Charter
Many newsgroups have charters which place restrictions on what messages may
be posted to them. Charters can be searched for here:
http://www.faqs.org/faqs/faqsearch.html .
Off-topic
Where a charter exists for a newsgroup, a message posted to it which
violates that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
Bizarre-Host's systems may not be used to post off-topic messages. Customers or
others acting on their behalf may not post off-topic messages promoting or
advertising domain names, URIs or E-mail addresses hosted by us is also
prohibited.
14. Prohibited Services & Protocols
14.1 IRC
IRC related programs, including, but not limited to, clients, bots, and
servers, may not be run using Bizarre-Host's services. No connections to IRC or
IRC-like servers or hosts may be made from Bizarre-Host's services.
14.2 Multicast
Customers may not make use of the multicast protocol unless they have a
written and signed exemption to this rule from Bizarre-Host. Customers using the
multicast protocol without prior written authorization will be billed up to
$500 per hour that multicast is used.
14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a
username and/or password or restricted to specific IP addresses to make
indirect network connections to other network services. This includes, but
is not limited to, SOCKS proxies, Web proxies, Network address translation
(NAT) proxies, Web-based proxy servers and open SMTP relays.
15. Consequences
Bizarre-Host expressly reserves the right to suspend or terminate, without notice,
all services for any customer who violates our terms and conditions. The
sub-sections in this section are only presented as a guide to how complaints
are normally handled. Complaints about any violation or unacceptable
activity may lead to suspension or termination of any service or services
offered by Bizarre-Host. No refunds are provided for services terminated because
of any violations of this AUP.
If practical, we will contact the customer (either by telephone or E-mail)
before any action is taken. Where Bizarre-Host believes that that the violation
was accidental or will not be repeated, Bizarre-Host may, at its discretion,
choose to re-enable services. In these circumstances Bizarre-Host may also place
restrictions or further conditions on the customers use of Bizarre-Host's systems,
require a formal undertaking from them regarding their future conduct or
require payment to cover costs incurred by Bizarre-Host in dealing with the abuse
incident.
In certain circumstances, Bizarre-Host may suspend a customer's services in the
interests of preventing further abuse while Bizarre-Host investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be
dealt with firmly by Bizarre-Host. Since it is true that complaints do come in
about UBE or UCE and the complainant is actually a valid subscriber there is
an allowance as follows: The responsibility lies on the customer to make
sure their mailing lists are kept up to date and clean of all
non-subscribers. Even responded to warnings under section 15.1.1 below will
count against the total for subsequent sections following 15.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period the
customer will be notified of those complaints with copies of the reported
E-mails. This one chance will be given to cease this activity, secure the
system from relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods
service will be suspended for ten days. The customer will be notified of
those complaints with copies of the reported E-mails. It will be the
responsibility of the customer to request reconnection when the ten day
suspension period has expired. A reconnection fee, equivalent to the a
normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour
periods the account will be terminated immediately. Notification will be
sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or
Bizarre-Host
discovers an open relay or open proxy through the course of business the
customer will be notified after services are suspended. Restoration of
service will require written acknowledgement of the reason for suspension
and either:
1) An indication that the security issue will be remedied including how this
will be achieved; or
2) The customer pays Bizarre-Host to remedy the security issue on the customer's
behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third
Party
If any services consumed by a customer, or that customer's subscribers, is
found to be the cause for any part of Bizarre-Host's network being blocked or
'blacklisted' by any third party in any way, Bizarre-Host reserves the right to
terminate some or all services offered by Bizarre-Host without notice. It is the
responsibility of all customers to be sure they and their subscribers are
not abusing our network and causing service problems for other Bizarre-Host
customers.
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