Customers shall not store or transmit data or content that StabiliServers determines, in its sole discretion, to be in violation of any applicable law, regulation, or order of a court of competent jurisdiction. StabiliServers reserves the right to cooperate fully with any law enforcement authorities regarding any such data or content. Customers shall be responsible for determining what laws or regulations are applicable to their use of the Services.
Customers may not engage in, or allow, any activities that StabiliServers determines to be abusive network activities directed towards any third party or StabiliServers, which include, without limitation, the following:
Forging of message headers or sender identity information
Introduction or propagation of malicious programs (e.g., Trojan Horses, Internet viruses, worms, key loggers)
Engaging in the unauthorized circumvention of the security or authentication procedures of any host, application, account, or network
Executing any interference or denial of service to any host, application, user, account, or network
Intercepting any Internet data not destined for Customer’s host server
Disrupting network activity, such as by ping flooding, forged router information, port scanning, email-bombing, packet spoofing, IP address spoofing.
Customers are solely responsible for any breaches of the security of any servers or networked hardware under its control or ownership, including safeguarding all authentication and account information. StabiliServers may immediately, and without prior notice or service credit, disconnect any Customer server that it suspects to be involved in any illegal or abusive network activity and initiate an investigation to determine the cause of such activity. Customers are responsible for all costs and expenses incurred by StabiliServers and any third party who was damaged by such illegal or abusive network activity. Customers must immediately notify StabiliServers of any illegal or abusive network activity by contacting StabiliServers at security@StabiliServers.com
Customers may not store or transmit any data or content that infringes on a third party’s intellectual property rights. StabiliServers may remove or disable access to any allegedly infringing data or content in order to comply with any court order, regulation or law. StabiliServers MAY PERMANENTLY SUSPEND OR TERMINATE SERVICES TO ANY CUSTOMER THAT ENGAGES IN REPEATED VIOLATIONS OF THIS INTELLECTUAL PROPERTY INFRINGEMENT POLICY OR ANY APPLICABLE LAW.
Customers may not send, or allow to be sent, unsolicited emails over StabiliServers network. Customer may send e-mail only to parties who have expressly requested to receive such e-mail via a double opt-in confirmation process. Customers must maintain complete and updated records of all opt-in consents (including the e-mails and headers from each consenting party) and immediately provide such records and sufficient proof of all consents to StabiliServers upon request. The aforementioned policy applies to Customer-operated listservs, mail lists, or mailing services that do not target an audience that has expressly consented to receiving such e-mail.
Customers may not engage in the following e-mailing practices:
E-mail header spoofing or forgery
Use of the Services to receive replies to Spam
Host web pages that are advertised in Spam sent from another network
Using third-party proxies in any way to cause the transmission of Spam
StabiliServers reserves the right charge Customer $300 per hour in consulting fees for any remedial actions that StabiliServers elects to take in the event that, as a result of Customer’s activities, StabiliServers servers or IP space are placed in any third-party mail filtering software or black hole lists.
StabiliServers may engage in any reasonable action, without prior notice to Customer, relating to the Services in order to comply or cooperate with any civil or criminal investigation or cause of action regarding Customer data located on StabiliServers network or Customer-owned equipment located in StabiliServers facilities. StabiliServers shall not be deemed to be in breach of any service agreement, nor will it be obligated to grant any service level credits, for any disruptions to the Services.
StabiliServers reserves the right at all times to take any necessary actions to enforce this AUP, including suspending, terminating, or limiting the scope of the Services to a Customer, and shall not be obligated to issue any service level credits or other compensation for any resulting interruption in Services. Customers are responsible for any expenses that StabiliServers incurs for enforcement and remedial measures in connection with AUP violations, including the payment to StabiliServers of emergency-rate consulting fees.
This document was last updated on December 22, 2011