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This Acceptable Use Policy specifies certain actions
prohibited by POS for users of the POS Network. POS reserves the
right to modify this Policy at any time to stay in compliance
with any laws, regulations and security requirements. By using
POS services, any customer, employee or third party
unconditionally accepts the terms of this policy.
30-DAY “RISK FREE” OFFERINGS
Due to the costs of set-up, initial provisioning and purposing,
and related expenses, Customers who take advantage of POS’s
30-day “risk free” hosting offerings will receive no refund of
funds already paid for setup and the initial month of hosting.
ILLEGAL USE
The POS Network may be used only for lawful purposes.
Transmission, distribution or storage of any material in
violation of any applicable law or regulation coming to or from
any unauthorized network or system is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property rights used without
proper authorization; government and military data protected by
law and national security; university and academic data
protected by public policy; and material that, in POS's sole
discretion, is obscene, defamatory, constitutes an illegal
threat, facilitates identity theft or other fraud, or violates
export control laws. Any violation of the above, which
compromises the integrity of the POS Network or any other
network is strictly prohibited.
NETWORK AND MACHINE RESOURCES
POS reserves the right to monitor and allocate network and
machine resources. IP addresses are allocated per server and
according to virtual server specifications. Cgi resources are
allocated one per domain (a virtual host is required for each
cgi-bin and is considered a virtual host). POS in its sole
discretion and upon reasonable notice to customer reserves the
right to discontinue any hosting account and/or any script which
causes excessive server load and/or uses excessive server and
network resources.
To protect Internet, network, and machine resources on behalf of
the entire POS customer base, no individual customer may do the
following:
1. Offer adult content of any kind, as determined in POS’s sole
discretion.
2. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts
in a manner that adversely affects the operations or performance
of other POS customers, or of the POS system(s) or network(s).
The adverse effect of such use shall be determined by POS in its
sole discretion.
3. Use more than 1 MPBS throughput during peak network hours
(9AM to 6PM ET). Such usage could result in penalty fees. In the
event of any dispute regarding penalty fees, POS may determine
violations and fees applicable in its sole discretion.
Moreover, in a shared hosting environment, for the same reasons
indicated above, no individual customer may do the following:
(NOTE: The restrictions listed immediately below do NOT apply to
collocation plans, server appliance plans, I-MHIP plans, or any
other dedicated server offerings.)
1. Use their web site to store web pages, files, or data for
other IP addresses or domain names, or as a repository for
files, data, or “Warez group” download transfer.
2. Use their web site for data transfer from any database
server, or for streaming audio and/or video downloads; or use
their web site as a storage area for files that are not linked
to the customer’s web pages hosted on the same web site on POS’s
servers.
POS may immediately suspend service without prior notice to any
web site that violates these rules. In the event of any dispute
regarding these rules, POS may determine violations of these
rules in its sole discretion.
Customers utilizing bandwidth in excess of plan limitations, or
in violation of these rules, will owe POS compensation therefore
at the applicable rate for excess bandwidth.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may
result in criminal and civil liability. POS will investigate
incidents involving such violations and may involve and
cooperate with law enforcement authorities if a criminal
violation is suspected. POS respects the privacy of customer
data and vigilantly protects that data and ALL customers who
host with POS. If any violation of the law or this AUP is
suspected, POS reserves the right to investigate. Use of the POS
network constitutes consent to monitoring. Examples of unlawful
acts, 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,
damage, 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.
Unauthorized access to any data, system, or network from an
unauthorized system or network for any purpose which is not
lawful or which is intended to do harm. Forging of any TCP-IP
packet header or any part of the header information in an email
or a newsgroup posting. Electronic forging of any kind to
include but not limited to IP addresses, domains, business
names, etc.
If you use any POS service described on this website, and if POS
determines in its sole discretion that you caused or allowed a
security exploit within the POS network, or that you caused or
allowed UCE/spam originating from your service to adversely
impact the POS network and its customers, you may be assessed a
$1,000 penalty fee, in the sole discretion of POS. (As an
example, if you fail to properly administer and protect your
self-managed server from being exploited by a third party, this
failure on your part in turn results in expanded degradation of
the POS network.) If you subscribe to the POS Security
Monitoring Plan and PPIS, and you implement Best Practices in
accordance with the plan, you will not be assessed a penalty
fee.
EMAIL
Sending unsolicited email messages, including, without
limitation, unwanted advertising and informational
announcements, is explicitly prohibited, whether sent in bulk or
not, and whether commercial in nature or not. The use of POS
resources to sell or enable the sale of "bulk" and/or "stealth"
email software (to include so-called "spoof" software) is
strictly forbidden. The use of POS resources to sell or enable
the sale of software designed to "harvest" email addresses is
also categorically prohibited. A user shall not use another
site's mail server to relay mail without the express permission
of the site owner. Legitimate mailing lists and subscriber lists
are acceptable. Otherwise, it is spam.
USENET
Posting the same messages to multiple newsgroups (excessive
cross-posting or multiple-posting, also known as "SPAM") is
expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR
ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN POS
CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED
VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site on POS servers
and you use another ISP to SPAM from in order to reference your
POS site by IP address or domain name, you are violating POS
policy and possibly the law. If you have been granted telnet
access to POS servers, multiple telnet log-ons are strictly
prohibited and you must come from a valid IP address. Forgery is
against the law. Any type of denial of service attack from valid
or invalid addresses is a violation of POS security policy and
against the law. If you have been granted password privileges
for FTP or telnet, sharing your password with an unauthorized
user or third party is strictly prohibited. Complaints regarding
illegal Use or System or Network Security issues should be sent
to
office@poweronlinesolutions.com
COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act provides limitations for
service provider liability relating to material online with
regard to information residing, at the discretion of the user,
on a system or network that the service provider controls or
operates. 17. U.S. 512(c).
POS does not tolerate any pornographic material or spamming and
both infringements will result in an investigation and possible
termination and removal of the site and/or virtual server
without a refund. POS prides itself as a responsible member of
the Internet community and is committed to protecting the data
of and providing quality service to all POS customers all of the
time.
INTERACTION WITH POS STAFF
Any threat, vulgar and profane language directed at any POS
staff member through phone or email may result in immediate
termination of an account. Any violation of this policy by any
employee, contractor or third party programmer of POS should be
reported immediately. Bottom line is let's work together toward
a mutually beneficial relationship and create a prosperous and
responsible Internet community.
Microsoft ®, FrontPage ®, and the related logo(s) are registered
trademarks of Microsoft ® Corporation
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