Acceptable Use Policy:
From time to time EsoSoft Corporation may impose reasonable rules and
regulations regarding the use of its services. Such rules and regulations
are called Acceptable Use Policies (AUPs) and are posted on the Internet
at http://www.esosoft.com/legal/aup.html. The AUPs are not exhaustive and
EsoSoft reserves the right to modify the AUPs at any time, effective upon
either the posting of the modified AUPs to the EsoSoft web site or
notification of the modified AUPs. By registering for and using EsoSoft
services, 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 EsoSoft deems appropriate. An
unlisted activity may also be a violation of the AUPs if it is illegal,
irresponsible or a 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 ESOSOFT. 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 ESOSOFT'S POLICY TO TERMINATE REPEAT INFRINGERS.
ESOSOFT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Responsibilities with regard to Security:
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 $200 USD per hour.
System and Network Security:
Violations of system or network security are prohibited, and may
result in criminal and civil liability. EsoSoft 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, mailbombing, 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.
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 EsoSoft. Such labor is
categorized as emergency security breach recovery and is currently charged
at $200 USD per hour.
EsoSoft 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, EsoSoft urges its customers
to assume that all of their online communications are insecure. EsoSoft
cannot take responsibility for the security of information transmitted
over EsoSoft's facilities.
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 EsoSoft's service to guess
passwords or to access other systems or networks without authorization.
EsoSoft will fully cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
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 EsoSoft 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, tortuous,
indecently depicts children or is likely to result in retaliation against
EsoSoft by offended users. EsoSoft 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 EsoSoft network may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of United States law or state regulation or law, or by
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
EsoSoft will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Customers have a responsibility to use the EsoSoft network
responsibly. This includes respecting the other customers of EsoSoft.
EsoSoft reserves the right to suspend and or cancel service with any
Customer who uses the EsoSoft network in such a way that adversely affects
other EsoSoft customers. This includes, but is not limited to:
Attacking or attempting to gain unauthorized access
to servers and services that belong to EsoSoft or its customers (i.e.
computer hacking), and/or
Participating in behavior that results in reprisals
that adversely affect the EsoSoft network or other customers' access to
the EsoSoft network.
EsoSoft 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, security
hole scanning, port scanning, etc. Any unauthorized use of accounts or
computers by an EsoSoft customer, whether or not the attacked account or
computer belongs to EsoSoft, 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 EsoSoft is strictly prohibited.
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 or dissemination of harmful or fraudulent
Using any EsoSoft 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 EsoSoft services or products is prohibited. Using the EsoSoft
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 the EsoSoft network are open to
the public. You are solely responsible for your usage of the EsoSoft
network and servers and any statement you make on servers hosted within
the EsoSoft 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:
EsoSoft will cooperate fully with any criminal investigation into a
Customer's violation of the Child Protection Act of 1984 concerning child
pornography. EsoSoft customers are ultimately responsible for the actions
of their own clients/customers/users over the EsoSoft network, and will be
liable for illegal material posted by their clients/customers/users.
Unsolicited Commercial E-mail:
EsoSoft 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 EsoSoft may not use or permit others to use our network
to transact in UCE. Customers of EsoSoft 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
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 both commercial advertisements and informational messages sent to
recipients via electronic mail (e-mail) as well as off-topic messages
posted in Usenet discussion groups where the recipient has not requested
or invited the message. E-mail is a person-to-person medium, not a
Customers of EsoSoft 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 own
clients/customers/users over the EsoSoft network, it is advisable that
Customers develop a similar policy for their clients/customers/users.
Violation of EsoSoft's SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our SPAM
policy, EsoSoft will initiate an immediate investigation (within 48 hours
of notification). During the investigation, EsoSoft may restrict customer
access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, EsoSoft may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
EsoSoft reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
EsoSoft will notify law enforcement officials if the violation is believed
to be a criminal offense.
Violation of EsoSoft's SPAM policy may be reported to
Shared Web Hosting and Mailing Lists:
The use of mailing list software (cgi scripts) with shared web hosting
accounts is restricted. Any mailing list with more than fifty subscribers
and/or any mailing list that generates a total of more than two hundred
messages per day cannot be operated on a shared web hosting server.
IP Address Overlap:
EsoSoft administers the network on which customer servers reside. The
customer cannot use IP addresses which were not assigned to them by
EsoSoft 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.
EsoSoft allows the use of IRC inside the EsoSoft network as long as
the use of IRC on an EsoSoft server does not violate any of the other
terms of this AUP. As a policy, EsoSoft will not provide vanity IRC
reverse DNS records. To enforce this policy EsoSoft does not turn the
reverse address of IPs over to the customer. Authority over this
information remains with EsoSoft.
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
EsoSoft reserves the right to suspend network access to any customer
if, in the judgment of the EsoSoft 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 EsoSoft 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 contacted regarding the activity. The customer will
not be credited for the time the customer's machines were suspended.
EsoSoft 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 contacted regarding the activity. All fees paid in
advance of cancellation will be prorated and paid by EsoSoft if EsoSoft
institutes its right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer,
EsoSoft wishes to emphasize that by indicating agreement to our
Acceptable Use Policy or its equivalent, customer indemnifies EsoSoft for
any violation of the AUP, its equivalent or law that results in loss to
EsoSoft or the bringing of any claim against EsoSoft by any third-party.
This means that if EsoSoft is sued because of a customer's activity or the
activity of a client/customer/user of the EsoSoft customer, the EsoSoft
customer will pay any damages awarded against EsoSoft, plus costs and
reasonable attorney's fees.
Disclaimer of Responsibility:
EsoSoft 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. EsoSoft 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
EsoSoft 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.