General Information
Phoenixrising-web.com's Acceptable Use Policy
("AUP") is designed to provide a clear understanding
of regulations, restrictions regarding the user
of Phoenixrising-web.com services.
Phoenixrising-web.com reserves the right
to modify the Acceptable Use Policy from time
to time, effective on the date of posting.
Phoenixrising-web.com may not notify the customer
of the change, however it is the customers
responsibility to frequently check back, or
to ask to view/read the AUP to ensure they
are up to date with the policy. We are not
liable to any business losses, or damages
caused by suspension or termination of your
service for violation of our AUP.
By using our services, and agreeing to the
Terms of Service ("TOS"), you agree to abide
by the AUPs as modified from time to time.
Any violation of the AUP may result in the
suspension or termination of your service
without notice and without refund. An activity
that is unlisted may also be a violation of
the AUP if it is illlegal, irresponsible,
or disruptive to the use of the Internet.
THE VIOLATION OF ANY AUP OR ANY OTHER POLICY
IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE SUSPENSION OR TERMINATION FROM THE
SERVICES PROVIDED BY PHOENIXRISING-WEB.COM.
YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE
FOR YOUR USE OF THE SERVICES AND ANY AND ALL
CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD
OR TRANSMIT THROUGH THE USE OF PHOENIXRISING-WEB.COM'S
SERVERS. "CONTENT" INCLUDES, BUT NOT LIMITED
TO; E-MAIL, WEB PAGES, PERSONAL HOME PAGES,
AND DOMAIN NAMES. IT IS PHOENIXRISING-WEB.COM'S'S
POLICY TO TERMINATE REPEAT OFFENDERS, PHOENIXRISING-WEB.COM'S
RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE
AT ANY TIME, WITHOUT REASON.
Customer Responsibility: Security
The customer is responsible solely for any
breaches of security affecting servers under
the customer's control. If a customer's server
is involved in an attack on another server
or system, it will be immediately shut down
and an investigation will begin. It is the
customers responsibility to rectify any damange
done to the customer's server and any other
requirement affected by the security breach.
The labour used to rectify any such damage
is categorized as emergency security breach
recovery and is charging $250 USD per hour.
System and Network Security
Violations of system or network security is
strictly prohibited, and may result in crimial
and civil liability. Phoenixrising-web.com may investigate
incidents involving such violations and may
involve and will co-operate with law enforcement
if a criminal violation is suspected. The
following are some examples of network or
system violations:
- High-risk services, which are services
which tend to attract denial of service
attacks, are strictly prohibited. This includes,
but is not limited to, IRC related services
and selling of shell accounts.
- Interference with service to any user,
host or network including, without limitation,
mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or
any part of the header information in an
e-mail or newsgroup posting.
- Unauthorized monitoring of data or traffic
on any network or system without express
authorization of the owner of the system
or network.
- 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 breach security
or authentication measures without express
authorization of the owner of the system
or network.
Violators of the policy are responsible,
without limitations, for the cost of labour
to clean up and correct any damage done to
the operation of the network and business
operations supported by the network, and to
respond to complains incurred by Phoenixrising-web.com.
Such labour is categorized as emergency security
breach recovery and is currently charged at
$250 per hour.
Password Protection
The customer is responsible for protecting
customer's password and for any authorized
or unauthorized use made of customer's password.
The customer will not use or permit anyone
to use Phoenixrising-web.com service to guess
passwords or to access other systems or networks
without authorization. Phoenixrising-web.com will
fully cooperate with law enforcement authorities
in the detection and prosecution of illegal
activity.
Contact Information
Customers are responsible for maintaining
their contact information in the ticketing
system such that the email address is always
reachable even in the event of their Phoenixrising-web.com
servers being shut down.
Internet Etiquette
The customer is expected to be familiar with
and to practice good Internet etiquette (Netiquette).
The customer will comply with the rules appropriate
to any network to which Phoenixrising-web.com 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, libelous, tortuous,
indecently depicts children or is likely to
result in retaliation against Phoenixrising-web.com
by offended users. Phoenixrising-web.com reserves
the right to refuse or terminate service at
any time for violation of this section. This
includes advertising services or sites via
IRC or USENET in clear violation of the policies
of the IRC channel or USENET group.
Copyright Infringement - Software Piracy
Policy
The Phoenixrising-web.com network may only be used
for lawful purposes. Transmission, distribution,
or storage of any information, data or material
in violation of Canada or province regulation
or 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.
Making unauthorized copies of software is
a violation of the law, no matter how many
copies you are making. If you copy, distribute
or install the software in ways that the license
does not allow, you are violating federal
copyright law. If caught with pirated software,
you or your company may be liable under both
civil and criminal law, and you may be fined
up to $250,000 and/or receive up to 5 years
in jail. In compliance with the Digital Millenium
Copyright Act (the "DMCA"), please send DMCA
notifications of claimed copyright infringements
to abuse@hostingplex.com.com. Phoenixrising-web.com
will cooperate fully with any civil and/or
criminal litigation arising from the violation
of this policy.
Network Responsibility Customers have a responsibility
to use the Phoenixrising-web.com network responsibly.
This includes respecting the other customers
of Phoenixrising-web.com. Phoenixrising-web.com reserves
the right to suspend and or cancel service
with any Customer who uses the Phoenixrising-web.com
network in such a way that adversely affects
other Phoenixrising-web.com customers. This includes
but is not limited to:
- Attacking or attempting to gain unauthorized
access to servers and services that belong
to Phoenixrising-web.com or its customers (i.e.
computer hacking), and/or
- Participating in behavior which result
in reprisals that adversely effect the Phoenixrising-web.com
network or other customers' access to the
Phoenixrising-web.com network.
Phoenixrising-web.com will react strongly to any
use or attempted use of an Internet account
or computer without the owner's authorization.
Such attempts include, but are not limited
to, "Internet Scanning" (tricking other people
into releasing their passwords), password
robbery, security hole scanning, port scanning,
etc. Any unauthorized use of accounts or computers
by a Phoenixrising-web.com customer, whether or
not the attacked account or computer belongs
to Phoenixrising-web.com, will result in severe
action taken against the attacker. Possible
actions include warnings, account suspension
or cancellation, and civil or criminal legal
action, depending on the seriousness of the
attack. Any attempt to undermine or cause
harm to a server, or customer, of Phoenixrising-web.com
is strictly prohibited.
Violations of this policy may be reported
directly to the RCMP at http://www.rcmp-grc.gc.ca/contact/index_e.htm.
Phoenixrising-web.com will cooperate fully with
any civil and/or criminal litigation arising
from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes
only. Transmission, storage, or presentation
of any information, data or material in violation
of any applicable law, regulation, or AUP
is prohibited. This includes, but is not limited
to:
copyrighted material or material protected
by trade secret and other statute or dissemination
of harmful or fradulent content.
Using any Phoenixrising-web.com service or product
for the purpose of participating in any
activity dealing with subject matters that
are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment,
fraud, stalking, abuse, or a violation of
federal export restriction in connection
with use of Phoenixrising-web.com services or
products is prohibited. Using the Phoenixrising-web.com
network to solicit the performance of any
illegal activity is also prohibited, even
if the activity itself is not performed.
In addition, knowingly receiving or downloading
a file that cannot be legally distributed,
even without the act of distribution, is
prohibited.
Servers hosted within Phoenixrising-web.com network
are open to the public. You are solely responsible
for your usage of the Phoenixrising-web.com network
and servers and any statement you make on
servers hosted within the Phoenixrising-web.com
network may be deemed "publication" of the
information entered. Acknowledging the foregoing,
you specifically agree not to use our service
in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero
tolerance. Phoenixrising-web.com will cooperate
fully with any criminal investigation into
a Customer's violation of the Child Protection
Act of 1984 concerning child pornography.
Customers are ultimately responsible for
the actions of their clients over the Phoenixrising-web.com
network, and will be liable for illegal
material posted by their clients.
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 counsels sexual activity
with a person under the age of eighteen
years.
Violations of the Child Protection Act
may be reported to the CRIME STOPPERS at
416-222-TIPS
Adult Content on the Internet
Phoenixrising-web.com does not support adult
sites and will provide notification and
will inform any customers in writing of
improper pornographic materials on our servers.
(includes: hard core, soft porn, latina,
teen, escort services, etc.) Phoenixrising-web.com
reserves the right to disconnect, suspend,
or cancel any customers immediately. We
are not liable to any business losses, or
damages caused by violation of our AUP.
Commercial Advertisements with E-mail
Phoenixrising-web.com takes a zero tolerance approach
to the sending of Unsolicited Commercial
E-mail (UCE) or SPAM over our network. Very
simply, this This means that customers of
Phoenixrising-web.com may not use or permit others
to use our network to transact in UCE. Customers
of Phoenixrising-web.com may not host, or permit
hosting of, sites or information that is
advertised by UCE from other networks. Violations
of this policy carry severe penalties, including
termination of service.
Sending a message, especially an advertisement,
to more than five recipients, is by itself
spamming unless the individuals have specifically
requested to be added to a mailing list
on that topic. This includes both commercial
advertisements and informational messages
sent to recipients via electronic mail (email)
as well as off-topic messages posted in
Usenet discussion groups where the recipient
has not requested or invited the message.
Mailing lists must be true opt-in mailing
lists. Before sending any email to a listed
user, a confirmation email, with a tracking
number, must be sent to the new subscriber,
to which they must respond with a confirmation
that they wish to be added to the list.
You must keep these confirmations on file,
so that in the case that a spam complaint
is made against you, you have proof that
the user did indeed opt-in. In addition,
you must provide at least one easy way to
opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html)
for details. Opt-out requests must be honored
immediately.
E-mail is a person-to-person medium, not
a broadcast medium.
Customers of Phoenixrising-web.com are strictly
prohibited from using or permitting others
to use UCE or SPAM over our network. As
our Customers are ultimately responsible
for the actions of their clients over the
Phoenixrising-web.com network, it is advisable
that Customers develop a similar, or stricter,
policy for their clients.
Violation of Phoenixrising-web.com SPAM policy
will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy,
Phoenixrising-web.com will initiate an immediate
investigation (within 48 hours of notification).
During the investigation, Phoenixrising-web.com
may restrict customer access to the network
to prevent further violations. If a customer
is found to be in violation of our SPAM
policy, Phoenixrising-web.com may, at its sole
discretion, restrict, suspend or terminate
customer's account. Further, Phoenixrising-web.com
reserves the right to pursue civil remedies
for any costs associated with the investigation
of a substantiated policy violation. Phoenixrising-web.com
will notify law enforcement officials if
the violation is believed to be a criminal
offense.
Violation of Phoenixrising-web.com SPAM policy
may be reported to abuse@Phoenixrising-web.com.com
IP Address Overlap
Phoenixrising-web.com administers the network
on which customer servers reside. The customer
cannot use IP addresses which were not assigned
to them by Phoenixrising-web.com staff. Any server
found using IPs which were not officially
assigned will be suspended from network
access until such time as the IP addresses
overlap can be corrected.
IRC
Phoenixrising-web.com does not allow the use of
IRC on the Phoenixrising-web.com network. This
includes, but is not limited to, the use
of IRC clients, server software, bots or
anything related to IRC. Violators' servers
will be suspended.
Billing
The customer understands that the customer
is responsible for paying for any network
resources that are used to connect the customer's
server to the Internet. The customer may
request that the customer's server be disconnected
from the Internet, but the customer will
still be responsible for paying for any
network resources used up to the point of
suspension or cancellation.
Suspension
Phoenixrising-web.com reserves the right to suspend
network access to any customer if, in the
judgment of the Phoenixrising-web.com network
administrators, the customer's server is
the source or target of the violation of
any of the other terms of the AUPs or for
any other reason which Phoenixrising-web.com chooses.
If inappropriate activity is detected, all
accounts of the Customer in question will
be deactivated until an investigation is
complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement
will be contacting regarding the activity.
The customer will not be credited for the
time the customer's machines were suspended.
The Customer will be credited on a prorated
basis based on the monthly fees the Customer
pays for the servers that are suspended
for the time the Customer's machines were
suspended.
Cancellation
Phoenixrising-web.com reserves the right to cancel
service at any time. If inappropriate activity
is detected, all accounts of the customer
in question will be deactivated until an
investigation is complete. Prior notification
to the Customer is not assured. In extreme
cases, law enforcement will be contacting
regarding the activity. All fees paid in
advance of cancellation are non-refundable
if Phoenixrising-web.com institutes its right
of cancellation. Any violation of policies
which results in extra costs will be billed
to the customer (i.e. transfer, space etc.).
Indemnification
Phoenixrising-web.com wishes to emphasize that
in signing the Master Services Agreement
or its equivalent, customer indemnifies
Phoenixrising-web.com for any violation of the
Master Services Agreement or its equivalent,
law or AUP that results in loss to Phoenixrising-web.com
or the bringing of any claim against Phoenixrising-web.com
by any third-party. This means that if Phoenixrising-web.com
is sued because of a customer's or a customer
of a customer's activity, the customer will
pay any damages awarded against Phoenixrising-web.com,
plus costs and reasonable attorney's fees.
Disclaimer of Responsibility
Phoenixrising-web.com is under no duty to look
at each customer's or user's activities
to determine if a violation of the AUPs
has occured, nor do we assume any responsibility
through our AUPs to monitor or police Internet-related
activities. Phoenixrising-web.com disclaims any
responsibility for any such inappropriate
use and any liability to any person or party
for any other person's or party's violation
of this policy.
All Sub-Networks, resellers and managed
servers of Phoenixrising-web.com must adhere to
the above policies. Failure to follow any
term or condition will be grounds for immediate
Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE
AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON YOUR BEHALF, SHALL BE
CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
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