Bihira

Professional Hosting Solution

Acceptable Use Policy/Terms of Service

This Company refers to Bihira, and all internet services. By signing up or using our service, you agree to all terms. Terms Of Service/User Agreement:

The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect This Company's (Bihira) customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from This Company. Each User should use common sense and good judgment in connection with the Services.

I) Prohibited Uses

1. Utilize the Services to send mass unsolicited e-mail to third parties.
2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
   1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
   2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
   3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.
   4. Utilize the Services in any manner that violates applicable law.
3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
   1. Utilize the Services to publish or disseminate information that:
      1. Constitutes slander, libel or defamation;
      2. publicizes the personal information or likeness of a person without that person's consent or
      3. otherwise violates the privacy rights of any person.
   2. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
4. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
   1. Utilize the Services to cause denial of service attacks against This Company or other network hosts or Internet users or to otherwise degrade or impair the operation of This Company servers and facilities or the servers and facilities of other network hosts or Internet users.
   2. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any This Company systems, facilities or equipment.
   3. Utilize the Services to gain unauthorized access to the computer networks of This Company or any other person.
   4. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
   5. Utilize the Services to:
      1. Forge the signature or other identifying mark or code of any other person;
      2. impersonate or assume the identity or any other person, or
      3. engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).
   6. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
   7. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
   8. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
   9. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
   10. This Company has no restrictions on contents. Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, IRC bots, warez materials and shell hosting services on the servers and network.
   11. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

II)Violations

This Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. This Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. This Company reserve the right to levy a penalty fee per violation of the Acceptable Use Policy and Service Agreement.

1. Reporting Non-Copyright Violations. This Company encourages Users to report violations of this policy by e-mail to: abuse@bihira.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
2. Reporting Copyright Violations. This Company complies with the Digital Millennium Copyright Act ("DMCA"). This Company encourages Users to report an alleged copyright infringement involving a user by sending a notice to: support@bihira.com
3. If This Company learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
   1. Warning the Customer.
   2. Suspending the offending Customer from the Services.
   3. Terminating the offending Customer from the Services.
   4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract.
   5. Removing the offending content.
   6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.

III) Reservation of Rights

This Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving This Company Services, Customers and other Users. This Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.

IV) Other

This Company reserves the right to change this agreement at anytime with or without notice.

No user has the right to resell reseller accounts, without written permission from the staff.

This Company has the right to remove an account for any reason we feel necessary, and even for no reason at all.

If This Company suffers losses in anyway from you are anyone using your account, you agree to pay this company for the loss equal acquired by this company.

This Company is not responsible for any down time, or any loss of sales, or loss of data that may occur from using our service.

Cancelling Service: As soon as we find your desire to cancel your service, whether it would be from cancelling a subscription (via paypal or other service), non-payment when payment is due, or notification of your desire not to continue, This Company has the right to terminate or suspend all your accounts without refund.

All payments must be recieved by the due date. This Company has the right to suspend or terminate an account for non-payment.

This Company's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what This Company expects of them while using the service. All users of This Company's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of This Company Service constitutes acceptance and agreement to This Company's AUP as well as This Company's TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To This Company Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. This Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of This Company's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of This Company's AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

This Company intends to provide its customers access to everything the Internet has to offer. While this company is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both this company and the Internet and cannot be permitted under the guise of free speech. The resources of this company and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which this company determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@bihira.com.

VIOLATIONS OF BIHIRA ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

• Illegal use

  This Company's services may not be used for illegal purposes, or in support of illegal activities. This Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

• Harm to minors

  Use of this company service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

• Threats

  Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

• Harassment

  Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

• Fraudulent activity

  Use of this company service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

• Forgery or impersonation

  Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

• Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)

  Use of this company service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

• E-mail / News Bombing

  Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

• E-mail / Message Forging

  Forging any message header, in part or whole, of any electronic transmission, originating or passing through this company service is in violation of this AUP.

• Usenet SPAMing

  This Company has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

• Unauthorized access

  Use of this company service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of this company's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

• Copyright or trademark infringement

  Use of this company service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

• Collection of personal data

  Use of this company service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

• Network disruptions and unfriendly activity

  Use of the This Company service for any activity which affects the ability of other people or systems to use this company services or the internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. This company will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

• System Resources

  Any one site account found to be utilizing excess system resources at any given may shall be suspended. We reserve the right to terminate such account if we see fit.

• Fraud

  Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

• Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:

  Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

• Distribution of Viruses

  Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

• Inappropriate Use of Software

  Use of software or any device that would facilitate a continued connection, i.e. pinging, while using this company services could result in suspension service.

• Third Party Accountability

  This company subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

• Violation Of This Company Virtual Accounts:

  It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

• IRC networks

  It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to Overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. This Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

REPORTING VIOLATIONS OF This Company AUP

This Company requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@bihira.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. This company may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member's account
• Terminate the Member's account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

This Company reserves the right to terminate a users account for any reason, and restrict access from that user from retrieving his/her files. By signing up with our service, you agree This Company will not be held liable for any losses whatsoever.

REVISIONS TO THIS ACCEPTABLE USE POLICY

This Company reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

XHTML | CSS Sitemap | Login | Terms of Service | Acceptable Usage Policy | Privacy Policy | Contact Us
© 2004 - 2008 Bihira, L.L.C. All rights reserved. Designed by Jero.net