Carpathia Hosting Inc. ("Carpathia”) provides a variety of Internet, network-, and technology- related services ("Services”). Carpathia has formulated this Acceptable Use Policy ("AUP”) in order to ensure the appropriate use of the Services and the Carpathia network, systems, and facilities ("Infrastructure”) by our customers ("Customer”).
All Carpathia customers must read and comply with this AUP, and where a Carpathia customer provides services to its own end users , it must ensure that their clients are aware of and comply with the AUP or substantially equivalent provisions of an AUP between the Carpathia customer and its end users. A breach of the AUP by a person or entity who obtains access to Services via a customer, will be considered a breach of the AUP by that customer.
Customers are solely responsible for any material that they or their clients maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure. By using the Services and Infrastructure, Customer represents that it owns the content it makes available through Carpathia’s Services and Infrastructure and all proprietary or intellectual property rights therein, or has the express written authorization from the owner to copy, use and display such content.
Carpathia reserves the right to change this AUP from time to time and will notify its customers by posting a revised copy of the AUP on the Carpathia Web site. By using or accessing the Carpathia Services or Infrastructure, each customer agrees to be bound by the terms of this AUP.
2. Acceptable Use Policy
A. Use of Services
Customers shall only use the Services for lawful purposes and shall refrain from any use that breaches the Carpathia Master Services Agreement, the Carpathia AUP, or any other applicable agreement. Customer further acknowledges and agrees that its use of the Services shall be compliant with any law, regulation or judicial order in any jurisdiction where the Services, Infrastructure, or related equipment are located. Customers shall cooperate with Carpathia in investigating and correcting any apparent breach of this AUP.
B. Prohibited Use of the Service
Specific Prohibited uses of the Services or Infrastructure include, but are not limited to:
i. Use the Services or Infrastructure in a way that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other Carpathia customers.
ii. Spamming, namely, disseminating or transmitting unsolicited messages, advertising, surveys, chain letters, informational announcements, website addresses, commercial email or unreasonably large volumes of email on a daily basis to addresses that have not verifiably requested such material from the Customer or the Customer’s client; or maintaining an open SMTP relay.
iii. Intellectual Property Violations -- Disseminating or transmitting files, graphics, software or other material, data or information that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person.
iv. Infringing the Rights of Third Parties - Engaging in any activity that infringes upon or misappropriates any proprietary, contract or tort right of any person, individual, corporation, or other entity; or engaging in activity that violates the privacy, publicity, or other personal rights of others.
v. Abusive, Defamatory or Obscene Material -- Use of the Services or Infrastructure to disseminate, store, advertise, store, post, display, or otherwise make available any material that to a reasonable person may be considered child pornography, obscene, abusive, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.
vi. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
vii. Illegal or unauthorized access to other computers or networks -- Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). In addition, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
viii. Denial Of Service Attacks -- Carpathia Hosting reserves the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to neighboring Carpathia customers.
ix. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. In addition, activities that disrupt the use of or interfere with the ability of other Carpathia customers to effectively use the network or any connected network, system, service, or equipment.
x. Internet Relay Chat (IRC) Service -- Carpathia Hosting does not support the hosting of IRC servers or bots.
xi. Export Control Violations -- Exporting encryption software over the Internet or otherwise in violation of US Law
xii. Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
xiii. Usenet Groups -- Carpathia Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
ixv. Other Illegal Activities -- Engaging in any unlawful activity , including unlawful advertising, phishing, ponzi schemes, pyramid schemes, fraudulent sales, fraudulent charges and/or pirating or selling pirated software. The responsibility for avoiding illegal or harmful activities rests with the Customer.
C. User Generated Content ("UGC”) Site Requirements.
User Generated Content ("UGC”) Site Requirements. If a Customer runs, managers, or operates a user-generated content site for use by third-party end users, Customer represents and warrants that it will maintain appropriate policies to police the UGC site, including an Acceptable Use Policy ("AUP), a DMCA policy, and appropriate abuse policies that prohibit the illegal uses of its services, provide clear notice and takedown procedures, and provide for the termination of users who repeatedly violate its AUP. Failure to have an AUP, or a DMCA policy and other policies appropriate to prevent foreseeable abuse of services will be deemed a violation of this AUP.
D. Monitoring and Disclosure
Carpathia Hosting does not monitor the communications of its Customers to ensure that they comply with the Acceptable Use Policy or applicable law. Carpathia Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Carpathia reserves the right to monitor electronic messages sent or received by its Customers if required by law, governmental authority, subpoena, summons, discovery request, warrant, statute, regulation or when public safety is at stake. Carpathia Hosting will inform the Customer that Customer information has been provided except in those cases where they may be prohibited by law from giving such notice. Carpathia Hosting, upon notice to the Customer, may disclose Customer information or information transmitted over its network where necessary to protect Carpathia Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.
E. Rights & Remedies
In the event that Carpathia becomes aware that any such material may violate this AUP and/or expose Carpathia to civil or criminal liability, Carpathia reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. Carpathia further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of the Carpathia Master Services Agreement, this AUP, or any applicable law, including disclosing the identity of any Customer that Carpathia believes is responsible for such violation. Carpathia also reserves the right to implement technical mechanisms to prevent AUP violations.
Any complaints about a customer's violation of this AUP should be sent to email@example.com