This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with VIRTBIZ Internet Services. If you engage in any of the activities prohibited by this AUP document VIRTBIZ Internet Services may suspend or terminate your account.
VIRTBIZ Internet Services’s Acceptable Use Policy (the “Policy”) for VIRTBIZ Internet Services Services is designed to help protect VIRTBIZ Internet Services, VIRTBIZ Internet Services’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by VIRTBIZ Internet Services. VIRTBIZ Internet Services reserves the right to modify the Policy at any time, effective upon posting at http://www.virtbiz.com/aup.
Prohibited Uses of VIRTBIZ Internet Services Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through VIRTBIZ Internet Services’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on VIRTBIZ Internet Services’s servers, is prohibited. VIRTBIZ Internet Services accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VIRTBIZ Internet Services customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any VIRTBIZ Internet Services-hosted domain, or referencing any VIRTBIZ Internet Services account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any VIRTBIZ Internet Services customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the VIRTBIZ Internet Services network or on another provider’s network.
10. Using VIRTBIZ Internet Services’s Services to interfere with the use of the VIRTBIZ Internet Services network by other customers or authorized users.
11. Transmission or reception of any material in violation of any United States or state regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret.
12. Any conduct that is likely to result in retaliation against the VIRTBIZ network or website, or VIRTBIZ employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Users of VIRTBIZ Internet Services may not publish, transmit or store on or via the VIRTBIZ network or equipment any content or links to any content that in the sole judgement of VIRTBIZ:
- constitutes, depicts, fosters, promotes or relates in any manner to child sexual abuse, bestiality, or non-consensual sex acts;
- 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 an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person or business;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person’s copyright, 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 VIRTBIZ; or
- is otherwise malicious, fraudulent or may result in retaliation against VIRTBIZ by offended viewers.
The above list includes examples of content that VIRTBIZ may deem inappropriate but prohibited content is not limited to the aforementioned list.
Customer Responsibility for Customer’s Users
Each VIRTBIZ Internet Services customer is responsible for the activities of its users and, by accepting service from VIRTBIZ Internet Services, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an VIRTBIZ Internet Services customer will be forwarded to the VIRTBIZ Internet Services customer’s postmaster for action. If violations of the VIRTBIZ Internet Services Acceptable Use Policy occur, VIRTBIZ Internet Services reserves the right to terminate services with or take action to stop the offending customer from violating VIRTBIZ Internet Services’s AUP as VIRTBIZ Internet Services deems appropriate, without notice. No credit will be available for interruptions of service resulting from any AUP violation.
Excessive Use of System Resources
You may not use any shared system provided by VIRTBIZ in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. You agree that VIRTBIZ may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, or has the potential to infect or corrupt the system or other data that is stored on the same system.