Svaha LLC Acceptable Use Policy

SVAHA LLC Acceptable Use Policy

Revised: 12/10/2004

All Svaha LLC customers are bound by the following Terms of Service. This document is published on the Web at http://www.svaha.com/support/aup/, and may be updated from time to time. Please consult this site periodically for the most recent revision of this document.

Parts of this policy are mandated by our contract with our upstream network provider; Ace Host. Their Terms of Service is available at http://www.ace-host.net/terms.php

Svaha LLC’s acceptable use policies (”Policies”) set forth below defines acceptable practices while using any of Svaha LLC’s services that provide access to the SVAHA LLC network (the “Service”). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively “Users”), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your online experience or the content of your online communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

You are entirely responsible for maintaining the confidentiality of your password and account information, as well as the security of your network. You agree to indemnify, defend, and hold Svaha LLC , its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Svaha LLC’s defense of any claim. SVAHA LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Svaha LLC . You agree immediately to notify SVAHA LLC of any unauthorized use of your account or any other breach of security known to you.

General

These Policies are designed to assist in protecting the Service, our Users, and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Definitions

As used in this Acceptable Use Policy, the terms shall have the respective meanings set forth below:

“Svaha LLC ” includes, without limitation, SVAHA LLC and any division, subsidiary, affiliate, or parent corporation of any of the foregoing. “SVAHA LLC Network” includes, without limitation, Svaha LLC’s networks, and all systems, services, and products that utilize, or are utilized in connection with, Svaha LLC’s networks.

Rights of Svaha LLC

If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User’s access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the SVAHA LLC network is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies.

Conformance With Policies of Other ISPs

In situations where data communications are carried across networks of other Internet Service Providers (ISPs), users of the SVAHA LLC Network must also conform to the applicable acceptable use policies of such other ISPs.

Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.

Users of the SVAHA LLC Network are responsible for educating themselves and configuring their accounts with at least basic security. Should systems at a user’s site be violated, the user is responsible for reporting the violation and then fixing the exploited account. For instance, should a site be abused to distribute unlicensed software due to a poorly configured website, the user is responsible for re-configuring the system to stop the abuse.

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

UCE/Spamming/Mailbombing

A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail “UCE” and is prohibited. In addition, “spamming” or “mailbombing” is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the SVAHA LLC network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spam — no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net, and/or email postmaster@svaha.com for clarification.

a. No spam may originate from Svaha LLC IP space.

b. No spam may advertise sites or services located on Svaha LLC IP space (even if the spam originates elsewhere).

c. No Svaha LLC customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.

d. No customer shall participate in pyramid schemes or email chain letters.

Spoofing/Fraud

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User’s identity in connection with use of the Service is prohibited.

E-Mail Relay

Any use of another party’s electronic mail server to relay e-mail without express permission from such other party is prohibited.

USENET Postings

All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited. Disrupting newsgroups with materials, postings, or activities that are (as determined by SVAHA LLC in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ, or charter.

Illegal Activity

Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, SVAHA LLC complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

In addition, No Svaha LLC customer shall:

1. Do anything illegal or anything that adversely affects Svaha LLC’s legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Svaha LLC will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities

a. Cracking (Hacking) — attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.

b. Child pornography — as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.

c. Interstate gambling — because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.

d. Pyramid schemes or fraud — are illegal under a number of Federal, State and Local laws.

e. Theft of services — attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.

f. Harassment — use of Svaha LLC’s network to harass or threaten (in the legal sense of those terms) any other person is prohibited.

A guide to legal resources on the Internet is located at http://www.faqs.org/faqs/law/ Please consult an attorney if you are unsure of the legal status of your activities.

2. Do anything that threatens the integrity of Svaha LLC’s network or the utilization thereof by other persons.

a. Denial of Service (DOS) attacks — no customer will commit a DOS attack against any Svaha LLC customer’s host, or any other host on the Internet. Similarly, no Svaha LLC customer will willfully or negligently allow incitement of others to attack any host on Svaha LLC’s network, or any other host on the Internet.

b. RBL — No customer shall do anything that could get any portion of Svaha LLC’s IP space put on the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of Svaha LLC’s IP space.

3. Do anything that threatens the Internet or any other network

a. No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.

b. No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.

Other Prohibited Activities

The following activities are also prohibited:

* Attempting to intercept, redirect, or otherwise interfere with communications intended for others.

* Intentionally transmitting files containing a computer virus or corrupted data.

* Resale of Svaha LLC’s services or products, unless expressly authorized in a separate written agreement with Svaha LLC .

* Harassment, whether through language, frequency, or size of messages.

* Furnishing false or incorrect data to SVAHA LLC on written or online applications, contracts, or other materials or information provided to Svaha LLC , including fraudulent use of credit card numbers or “bill to” telephone numbers.

* Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of Svaha LLC’s services.

Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User’s access to and use of the Service.

Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. SVAHA LLC reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”

Modifications

SVAHA LLC reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.

Excessive Usage

If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations.

Restrictions on Use of Account

It is your responsibility to keep your password secure. A User may not share your password or user account with any other party. A User may not resell or lease the Service or any portion thereof.

Transfer of Account

A User may not transfer your account to anyone without our prior written consent.

Mail Server Filters

The use of Svaha LLC’s network and services to send email through external third party servers is prohibited. You are responsible for ensuring that all persons accessing or using the services comply with the Acceptable Use Policy. Furthermore, all Svaha LLC customers must:

1. Maintain the following email addresses and respond promptly to all email sent to these addresses:

a. abuse@yourdomain.com

b. postmaster@yourdomain.com

2. Maintain and enforce on their clients a TOS/AUP similar in scope and intent to this document.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

LEGAL

Additional Terms and Conditions

The use of the SVAHA LLC Network by a customer of SVAHA LLC is subject to the terms and conditions of any agreements entered into by such customer with Svaha LLC . This Acceptable Use Policy is incorporated into such agreements by reference.

Limitation of Liability

SVAHA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SVAHA LLC SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN SVAHA LLC AND ITS CUSTOMER. SVAHA LLC MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE SVAHA LLC NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. COMPLAINTS AND CONTACT INFORMATION FOR SVAHA LLC CUSTOMERS.

Any complaints regarding prohibited use or other abuse of the SVAHA LLC Network, including violations of this Acceptable Use Policy, should be sent via e-mail to Svaha LLC . Please include all applicable information that will assist SVAHA LLC in investigating the complaint, including all applicable headerlines of forwarded messages.

Sites experiencing live attacks from SVAHA LLC customers should call into our Customer Care Center (telephone 207-667-4892) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to SVAHA LLC at: service@svaha.com

Questions, Comments, or Complaints If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to SVAHA LLC at: service@svaha.com. Any complaints regarding prohibited use or other abuse of the SVAHA LLC Network, including violations of this Acceptable Use Policy, should be sent to service@svaha.com or by calling 207-667-4892. For further explanation of any portion this document, and the terms set herein, contact us at service@svaha.com or via phone at 207-667-4892.

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