Acceptable Use Policy
This AUP governs the use of ALMANOX.COM’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and ALMANOX.COM regarding the interpretation of this AUP, ALMANOX.COM’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact the Management ([email protected]).Table of Contents
1. Offensive Content
2. Security
3. Bulk Commercial E-Mail
4. Unsolicited E-Mail
5. Material Protected by Copyright
6. Copyright Infringement Notice
7. Internet Abuse
8. IRC Servers
9. Peer-to-peer networks
10. File collections
11. System and Network Performance
12. Other
13. Remedies
14. Disclaimer
1. Offensive Content
You may not publish or transmit via ALMANOX.COM’s service any content that ALMANOX.COM reasonably believes:
- Constitutes pornography;
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Clearly infringes on another person’s trade or service mark, patent, or other property right;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to ALMANOX.COM;
- Is otherwise malicious, fraudulent, or may result in retaliation against ALMANOX.COM by offended viewers.
2. Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
3. Bulk Commercial E-Mail
You must obtain ALMANOX.COM’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to ALMANOX.COM’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and ALMANOX.COM’s requests to produce consent evidence within 72 hours of receipt of the request;
- The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites" and information on how to request evidence of the consent, for example, If you would like to learn more about how we received your e-mail address please contact us at [email protected];
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must have a Privacy Policy posted for each domain associated with the mailing;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
ALMANOX.COM may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
4. Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your ALMANOX.COM’s services.
5. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
6. Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the ALMANOX.COM network, please send your written notice of copyright infringement to:
ALMANOX.COM
ALMANOX.COM
United Kingdom
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ALMANOX.COM to locate the material;
- Information reasonably sufficient to permit ALMANOX.COM to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A Counter Notification must meet each of the following requirements:
- It must be a written communication;
- It must be sent to the Almanox.com’s designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
- Promptly provide the Complaining Party with a copy of the Counter Notification
- Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
7. Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
- 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 (including those belonging to ALMANOX.COM and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the ALMANOX.COM’s network.
- Use of ALMANOX.COM’s network in a way that unreasonably interferes with ALMANOX.COM’s other customers’ use of the network.
8. IRC Servers
It is absolutely forbidden to host IRC servers on ALMANOX.COM servers. Customer accounts found hosting this material will be subject to immediate cancellation without refund.
9. Peer-To-Peer Networks
ALMANOX.COM’s service cannot be used to support any Peer-To-Peer network in any way. The following activities are expressly prohibited at ALMANOX.COM:
- hosting "trackers";
- running P2P message boards;
- publishing Bit Torrent, eMule, or other similar links on one's site.
10. File Collections
Users may not host 'file collections' whether public or private on ALMANOX.COM servers. A website is considered a 'file collection' if it has ALL of the following properties:
- its primary purpose is storing and distributing files (not HTML/image content) to its user(s);
- downloadable files such as videos, music, archives make up more than 50% of its total size;
- its total size is over 2 GB.
- software archives like download.com;
- video distribution sites like youtube.com;
- audio download sites like mp3.com or itunes.com;
- personal file storage with ripped videos, music, or operating system distributions.
11. System and Network Performance
ALMANOX.COM 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 ALMANOX.COM systems or networks. ALMANOX.COM reserves the right to terminate or limit such activities.
12. Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the ALMANOX.COM network.
13. Remedies
Upon violation of this AUP, ALMANOX.COM will respond to the applicable User and may, in it's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
- warning the User: and/or
- suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
- imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
- removing the offending content; and/or
- taking other action in accordance with this AUP, the applicable service contract or applicable law.
14. Disclaimer
ALMANOX.COM is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the ALMANOX.COM systems and network.
Inquiries regarding this policy should be directed to [email protected].