RayCSoft Acceptable
Use Policy
RayCSoft's Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what RayCSoft expects
of them while using the service. All users of RayCSoft'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 RayCSoft Services constitutes acceptance and agreement to RayCSoft's
AUP as well as RayCSoft's TOS (Terms of Service)
IMPORTANT NOTICE:
*All Payments To RayCSoft (to include payments for ALL Services and ALL Products)
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. RayCSoft
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 of
either your RayCSoft account or other actions as detailed in Section
3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of RayCSoft's Acceptable
Use Policy. The following are guidelines for the establishment and enforcement
of RayCSoft'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
RayCSoft intends to provide its customers access to everything the Internet
has to offer. While RayCSoft is firmly committed to the principles of
free speech, certain activities that may be damaging to the resources
of both RayCSoft and the Internet and cannot be permitted under the guise
of free speech. The resources of RayCSoft 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 account to publish material, which RayCSoft 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 a RayCSoft 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@EV1Servers.net.
VIOLATIONS OF RayCSoft's ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: RayCSoft's services may not be used
for illegal purposes, or in support of illegal activities. RayCSoft
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 RayCSoft services to harm,
or attempt to harm, minors in any way, including, but not limited to
child pornography.
- Threats: Use of RayCSoft services to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
- Harassment: Use of RayCSoft services to transmit
any material (by e-mail, uploading, posting or otherwise) that harasses
another.
- Fraudulent activity: Use of RayCSoft services 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 information is prohibited. The use of
anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)
Use of RayCSoft services 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 RayCSoft
account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone publishing websites or services that support
spammers or cause any of our IP space to be listed in any of the various
Spam Databases will have their account immediately removed. The account
will not be reactivated until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without notice to
the customer. Any server guilty of a second violation WILL be immediately
and permanently removed without notice.
- 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 RayCSoft account.
- E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating or passing
through RayCSoft services is in violation of this AUP.
- Usenet SPAMing: RayCSoft 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 RayCSoft services to
access, or to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of RayCSoft'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 RayCSoft account is subject to immediate termination.
- Copyright or trademark infringement: Use of RayCSoft
services to transmit any material (by e-mail, uploading, posting, hot
linking, directly linking 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 RayCSoft services
to collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use
of RayCSoft services for any activity which affects the ability of
other people or systems to use RayCSoft 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 web space 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 account, through action or inaction,
to be configured in such a way that gives a third party the capability
to use their account 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. RayCSoft 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.
- 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 RayCSoft services could result in suspension service.
- Third Party Accountability: RayCSoft 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 RayCSoft Virtual Server Accounts: It
is absolutely forbidden to host, without first notifing RayCSoft, pornographic
content or IRC servers on Virtual Server Accounts. Virtual Server Accounts
found hosting this material without notification prior to publishing
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. Servers found to be connecting to or part of these networks
will be immediately removed from our network without notice. The server
will not be reconnected to the network until such time that you agree
to completely remove any and all traces of the irc server, and agree
to let us have access to your account to confirm that the content has
been completely removed. Any server guilty of a second violation will
result in immediate account termination.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a 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. RayCSoft 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.
Network Performance
RayCSoft accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances
of RayCSoft's services, systems or networks. RayCSoft reserves the right
to terminate or limit such activities.
REPORTING VIOLATIONS OF RayCSoft's AUP
RayCSoft requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at abuse@raycsoft.net.
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. RayCSoft may take any one or more of
the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's email privileges
- 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
REVISIONS TO THIS ACCEPTABLE USE POLICY
RayCSoft 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).
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