Acceptable Use
Policy (AUP)
Use of NMS Hosting constitutes acceptance
and agreement to NMS Hosting's AUP as well as NMS Hosting's TOS
(Terms of Service) . NMS Hosting reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS
(Terms of Service). All users of NMS Hosting's Internet services must
comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: All Payments To
NMS Hosting Are Non-Refundable Past Your 14-Day Money-Back Guarantee
Period.
Note: Pornography and sex-related merchandising
are prohibited on any NMS Hosting server EXCEPT those on
servers that have clearly stated that such content is allowed upon signing
up. This includes sites that may infer sexual content, or links to adult
content elsewhere. This is also true for sites that promote any illegal
activity or content that may be damaging to NMS Hosting
servers or any other server on the internet. Links to such materials
are also prohibited. All IRC related activities are strictly prohibited
and can be cause for immediate account termination!
We support the uncensored flow of information and
ideas over the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise editorial control
over the content of any web site, e-mail transmission, newsgroups, or
other material created or accessible over or through the services, except
for certain proprietary Web sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which may violate this
AUP. NMS Hosting may cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension or immediate
termination of either your NMS Hosting account or other actions as detailed in
Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of NMS Hosting's Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of NMS Hosting's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and
network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and
discourage activities which reduce the usability and value of Internet
services
- Preserve the value of Internet resources as
a conduit for free expression and exchange of information
- Preserve the privacy and security of individual
users
NMS Hosting intends to provide its customers access to everything the Internet has
to offer. While NMS Hosting is firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both the NMS Hosting and the Internet
and cannot be permitted under the guise of free speech. The resources of the
NMS Hosting and the Internet are limited, and abuse of these resources by one user
has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation of billing records.
However, in our efforts to promote good citizenship within the Internet community,
we will respond appropriately if we become aware of inappropriate use of our
service.
You may not use your virtual site to
publish material, which NMS Hosting determines, at its sole discretion, to
be unlawful, indecent or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If a NMS Hosting account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your service without notice.
We prefer to advise customers of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable Use Policy will result
in immediate termination of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right to do so at
any time.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions regarding this policy,
please contact us at support@nmshosting.com.
VIOLATIONS OF NMS HOSTING ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: NMS Hosting's services may not be used for illegal purposes, or in support of illegal activities.
NMS Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime
or civil wrongdoing.
- Harm to minors: Use of the NMS Hosting service to harm, or attempt to harm, minors in any way, including, but not limited
to child pornography.
- Threats: Use of the NMS Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the NMS Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that
harasses another.
- Fraudulent activity: Use
of NMS Hosting service to make fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain
letters."
- Forgery or impersonation: Adding,
removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other
identifying information is prohibited.
The use of anonymous emailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the NMS Hosting service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the
offending NMS Hosting account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their account immediately disabled. The account will not be enabled until such time that you
agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the
account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal
of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and
permanently removed from our network without notice.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the
immediate termination of the offending NMS Hosting account.
- E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission, originating
or passing through the NMS Hosting service is in violation of this AUP.
- Usenet SPAMing: NMS Hosting has a zero tolerance
policy for the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of
any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup or mailing list
or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the NMS Hosting service to access, or to attempt to access, the accounts of others, or
to penetrate, or attempt to penetrate, security measures of NMS Hosting's or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly
prohibited and the offending NMS Hosting account is subject to immediate termination.
- Copyright or trademark infringement: Use of the NMS Hosting service to transmit any material (by e-mail, uploading,
posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal
data: Use of the NMS Hosting service to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent.
- Network disruptions and unfriendly activity: Use
of the NMS Hosting service for any activity which affects the ability
of other people or systems to use NMS Hosting Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference
with or disruption of other network users, services or equipment
is prohibited. It is the
Member's responsibility to ensure that their network is configured
in a secure manner. A Subscriber may not, through action or
inaction, allow others to use their network for illegal or inappropriate
actions.
A Subscriber may not permit their network,
through action or inaction, to be configured in such a way that gives
a third party the capability to use their network in an illegal
or inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's
computer system will result in immediate
account termination. NMS Hosting will not tolerate any subscriber attempting
to access the accounts of others, or penetrate security measures
of other systems, whether or not the intrusion results in corruption or
loss of data.
- Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or
posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate
termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection,
i.e. pinging, while using NMS Hosting services could result in suspension service.
- Third Party Accountability: NMS Hosting subscribers will be held responsible and accountable for any activity by third
parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized access to
your account. In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access to another network
or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You must maintain your own site backups at all times. We are not responsible
for lost data.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes,
but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network
probing tools.
- You may not attempt to interfere
with service to any user, host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a
host.
- Users who violate systems or network security may incur criminal or civil liability. NMS Hosting will cooperate
fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
Network Performance
NMS Hosting accounts operate on shared resources. Excessive use or abuse of these
shared network resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in termination of your
account.
You are prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances of NMS Hosting
systems or networks. NMS Hosting reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF NMS HOSTING AUP
NMS Hosting requests that anyone who believes that there
is a violation of this AUP direct the information to the Abuse Department at
abuse@nmshosting.com.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the
above, as do system log files. Other situations will require different methods
of providing the
above information. NMS Hosting may take any one or more of the following actions in
response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
NMS Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms
of Service) and our other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted in accordance
with our TOS (Terms of Service).
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