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Acceptable Use Policy of Live On 3 Servers These Terms and Conditions set out the principles, guidelines and requirements of the Live On 3 Servers Acceptable Use Policy of our servers and services. These, govern the use by the Customer ("Customer") of the Live On 3 Servers, services and products ("Servers, Services and Products"). The Purpose of Live On 3 Servers Acceptable Use Policy, known as the PPA, is to comply with all Local, National, European and International laws together with protecting the network security, network integrity and availability, physical and electronic security, Customer privacy, and other factors affecting the services provided by Live On 3 Servers. Live On 3 Servers reserves the right to enforce reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. The PPA is not an all-inclusive document and Live On 3 Servers reserves the right to change, alter or modify the PPA at any time. The new PPAU will be posted on the company website as soon as changes have been implemented. Acceptance of this Agreement ties all parties to Live On 3 Servers stated PPAU at the time the contract is completed and as modified from time to time. Any violation of the PPA may result in the suspension or termination of Customer account(s) or such other action as Live On 3 Servers deems appropriate. No credits or refunds will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY PART OF THE PPA IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES THE CUSTOMER RECEIVES FROM Live On 3 Servers. Any questions or comments regarding the PPA should be directed to tabs@Live On 3 Servers.com. The Law Customers are not permitted to post, transmit, re-transmit or store material on or through any of the Services or Products which, in the sole judgment of Live On 3 Servers (i) is in violation of any Local, National, European or International regulation, (ii) (ii) threatening, harmful, obscene, racist, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or, (iii) (iii) Violates the rights of any person/persons, including rights protected by copyright, trade secret, patent or other intellectual property or, similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Customer Security Obligation Each Customer must use reasonable care in keeping the server or network devices attached to Live On 3 Servers's infrastructure up-to-date and patched with the latest security updates. Failure to use all reasonable care to protect a server may result in a security compromise by outside sources. Live On 3 Servers is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate customer notification and their server will be disconnected from the network immediately so as to not directly affect other Customers. No service credits or refunds will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to tabs@Live On 3 Servers.com. System and Network Security Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Live On 3 Servers investigates all incidents involving such violations and will cooperate with the appropriate authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: 1. Introduction of malicious programs into the network or server (example: viruses, Spyware, Adware, worms, Trojan Horses, key loggers, and other executables intended to inflict harm). 2. Attempting a security breach or disruption of Internet traffic, communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information. 3. Executing any form of network activity that will intercept data not intended for the Customer's server. 4. Circumventing user authentication or security of any host, network or account, including “cracking.” 5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack). 6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information. 7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet. 8. Failing to comply with the company's procedure relating to the activities of Customers on the Company's servers. Violators of the policy are responsible, without limitations, for the cost of labour to correct all damage done to the operation of the network and business operations supported by the network. This labour is billed as emergency security breach recovery and is currently charged at £50.00 per hour. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits or refunds will be issued to Customers disconnected for network violations. Etiquette Each Customer is expected to show reasonable Internet etiquette, the accepted behaviour and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Live On 3 Servers may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libellous, and tortuous, indecently depicts children or is likely to result in retaliation against Live On 3 Servers by offended users. Live On 3 Servers reserves the right to refuse or terminate service at any time for violation of this section. Child Pornography Live On 3 Servers will co-operate fully with any criminal investigation into a Customer's violation of this agreement in regards to child pornography. Customers are ultimately responsible for the actions of their clients/Clans over the Live On 3 Servers network, and will be liable for illegal material posted by their clients and clan members. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or promotes sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act will be reported to the appropriate authorities. Copyright Infringement Live On 3 Servers datacentre infrastructure including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Local, National, European and International law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of Bit Torrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating copyright law. Live On 3 Servers will co-operate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacentre. Hosting Policy Data Unlawful or Against the PPA: Promoting violation of the law or the PPA by hosting data that facilitates the violation is prohibited, including but not limited to: • Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this PPA.• Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this PPA.• Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this PPA.• Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited. Email Policy Email Spam. Live On 3 Servers has a zero stance policy on SPAM, Junk E-mail. Spam, Junk-mail is defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Block Removal. If Customer actions have caused Live On 3 Servers mail servers or Live On 3 Servers IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a £100 charge to Customer account and £100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. • Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.• Header Forgery: Forgery of email headers (“spoofing”) is prohibited.• Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.• Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited. Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Live On 3 Servers upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited. Mailing Lists: Live On 3 Servers’s mass mailing rules also apply to mailing lists, list servers, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future. Fraud Policy By agreeing to our PPA, Customer confirms that the contact and payment information provided to Live On 3 Servers identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited. |
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