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Acceptable Use Policy (AUP)

All Customers of Anix Host agree to abide by the following policies. Anix Host reserves the right to change and update these policies as it sees necessary. Any complaints about a Customer’s violation of the AUP should be sent to abuse@anixhost.com .

1.    INTRODUCTION

Most Service Providers have specific guidelines pertaining to general use of the Internet. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Anix Host, to be blocked from use of another organization’s systems due to violations of that system’s AUP. Because Anix Host runs multi-user systems, Customer actions can have a severe impact on other Customers’ ability to use the system(s). This is unfair to all Anix Host users. To this end, Anix Host has developed these Acceptable Use Policies. They are intended to inform Customer of what Anix Host considers acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that Anix Host becomes aware of inappropriate use of its service. This AUP will be used to help Anix Host’s system administrators’ deal with complaints from users of Anix Host or other Internet-connected systems, and to determine when action should be taken. It is expected that Customer will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Anix Host’s technical resources, its ability to continue to provide high quality service to Customer, and to protect Anix Host’s reputation as a service provider. Access to Anix Host’s Service is Provided Subject to the Following:

2.    SECURITY

Customer is responsible for all use of Customer’s account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Anix Host will suspend or change access to Customer’s account(s) immediately upon notification by Customer that Customer’s password has been lost, stolen or otherwise compromised. Anix Host is not liable for any usage and or charges prior to Anix Host making the necessary account alteration. Electronic mail on this system is as private as Anix Host can make it. Customer is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

3.    NON-TRANSFERABILITY OF ACCOUNT

The right to use Anix Host’s services is not transferable. Use of Anix Host’s accounts is expressly limited to the Customer whose name appears on the contract

4.    UNACCEPTABLE CONDUCT

The following types of conduct are grounds for immediate suspension of service pending investigation by Anix Host and may result in termination of any and all accounts held by the individual, corporation, or Web site associated with these violations. Customer will also be held responsible for the actions of Customer’s business relationships (Referrers, Associates, etc.) that impact Anix Host. Customer’s cooperation is necessary to ensure that those involved in these relationships comply with Anix Host’s AUP and those of Anix Host’s providers. If they violate any of the following policies, Anix Host expects Customer to make certain that they immediately cease the non-compliant action or that Customer discontinues Customer’s association with them. Continuing violations by Customer’s business relationships may result in Anix Host at its discretion having to terminate Anix Host’s agreement with Customer.
  1. Spamming or Harassment: Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate). Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
  2. Engaging in either (A.) from a provider other than Anix Host to draw attention to a Web site housed within Anix Host’s networks or covered by Anix Host’s agreement with Customer.
  3. Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Anix Host.
  4. Email bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.
  5. Impersonating another user or otherwise falsifying one’s user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)

5.    NETWORK UNFRIENDLY OR ILLEGAL ACTIVITY

  1. Attempts, whether successful or not, to gain access to any other system or users’ private data without express consent of the user.
  2. Attempts to interfere with the regular workings of Anix Host’s systems or network connections or which adversely affect the ability of other people or systems to use Anix Host’s services or the Internet.
  3. Any unauthorized attempts by a Customer to gain access to any account not belonging to that Customer on any of Anix Host’s systems.
  4. Any activity, which violates any local, state, U.S., or international law or regulation.
  5. Repeated submissions of transactions to Anix Host utilizing the same or similar IPs with varying identification information.

6.    EXPORT CONTROL VIOLATIONS

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

7.    VIOLATION OF ANIX HOST POLICY

  1. Any attempt to bypass or remove Anix Host’s name, logo, or customer support link from any page from Anix Host’s servers.
  2. The posting or display of any image or wording related to any Web site running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
  3. Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening.
  4. Reproduction, storage, or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Anix Host makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law.

8.    COMPLIANCE WITH RULES OF OTHER NETWORKS

Any access to other networks connected to Anix Host’s Internet service must comply with the rules for that network as well as with Anix Host’s rules.

9.    MONITORING/PRIVACY

Anix Host reserves the right without Customer’s permission to monitor any and all communications through or with its facilities as well as all Customers’ sites for compliance with this AUP and Anix Host’s Terms and Conditions. Customer agrees that Anix Host is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Anix Host’s employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.

10.    COOPERATION WITH AUTHORITIES

Anix Host reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity. Customer’s use of the service is at Customer sole risk. Anix Host is not responsible for files and data residing on Customer’s account. Customer agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Anix Host’s hardware.

11.    CONFIDENTIALITY OF PERSONAL SUBSCRIBER INFORMATION

Anix Host will not release any Customer or customer personal information, to any third party except upon presentation of a valid court order or other request to which Anix Host is legally required to respond. Customer agrees that Anix Host’s judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.

12.    ANIX HOST’S RIGHT TO MODIFY THESE ACCEPTABLE USE POLICIES

Anix Host may modify these Acceptable Use Policies on its Web site http://anixhost.com/legal/acceptable-use-policy.html in any way, at any time. It is Customer’s responsibility to review the AUP on the Web site on a regular basis to ensure compliance with the latest version of this AUP. Customer’s use of Anix Host’s services after such changes have been posted shall constitute Customer’s acceptance of the modifications to these policies.

13.    SERVER RESOURCES

Applies to shared hosting plans only. Running programs in the background on a Anix Host’s server without prior written authorization, or running chat rooms, Internet Relay Chat (IRC) or IRC Bots, more than 1000 emails a day and the like are not acceptable uses of Anix Host’s servers. Further, any usage of fifteen percent (15%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds fifteen percent (15%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Anix Host’s services may be used for lawful purposes only.

13.    HACKING / CRACKING

Anix Host reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. If you have any question regarding this abuse policy please feel free to contact Anix Host at abuse@anixhost.com .

13.    CONTENT

All services provided by Anix Host may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any US Federal Law, or International Law is prohibited. This includes, but is not limited to, material we judge to be threatening or obscene or material protected by trade secret, copyrighted material or other statute. The client agrees to indemnify and hold Anix Host harmless from any claims resulting from the use of the service that damages the client or any other party.
    • Commercial Advertising – E-mail

      ANY form of spamming activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware, and so on) conducted ANYWHERE on the Internet, i.e. whether through our facilities or not, will be:
      • Grounds for instant, permanent termination of all services with no prior warning.  Grounds for seizure of all on-premises equipment and data
      • Grounds for forfeit of all funds paid
      • Will result in a demand for payment of a fine (to cover damage to our reputation)
      • $750/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency

      IRC

      IRC or IRC bots may not be operated on our servers (shared or dedicated) at this time.

      Server Abuse

      Any attempt to undermine or cause harm to a server or customer of Anix Host is strictly prohibited.

      Refusal of Service

      We reserve the right to refuse, cancel or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Anix Host must adhere to the above policies. Failure to follow any term or conditions will be grounds for immediate account deactivation without refund. If you have any question regarding this abuse policy please feel free to contact Anix Host at abuse@anixhost.com.
    • Other Illegal Activities

      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. AnixHost may report any such misuse or fraudulent use, as determined in AnixHost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies. Any fraudulent or abusive orders, AnixHost’s reserve the right to deny order, in case of order is accepted further renewal fees will be charged on time. If any claim is filed against AnixHost such as unauthorized payment, AnixHost reserve the right to share your information with Paypal or any other payment gateway and we will not issue refund.