| |
ACCEPTABLE USE
POLICY
Raqshaq's
Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what Raqshaq expects of them while
using the service. All users of Raqshaq'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 Raqshaq
Service constitutes acceptance and agreement to Raqshaq's AUP as
well as Raqshaq's TOS (Terms of Service). 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. Raqshaq 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 Raqshaq account
or other actions as detailed in Section 3 WITHOUT PRIOR
NOTICE.
This document is intended to provide a
basic understand of Raqshaq's Acceptable Use Policy. The following
are guidelines for the establishment and enforcement of Raqshaq'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.
The Raqshaq intends to provide its
customers access to everything the Internet has to offer. While the
Raqshaq is firmly committed to the principles of free speech,
certain activities that may be damaging to the resources of both the
Raqshaq and the Internet and cannot be permitted under the guise of
free speech. The resources of the Raqshaq 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 dedicated rack or virtual site to
publish material, which Raqshaq.com 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 Raqshaq 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@Raqshaq.com
VIOLATIONS OF Raqshaq
ACCEPTABLE USE POLICY
The following constitute
violations of this AUP:
Illegal use: Raqshaq's services may not be
used for illegal purposes, or in support of illegal activities.
Raqshaq 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 the Raqshaq service to
harm, or attempt to harm, minors in any way, including, but not
limited to child pornography.
Threats: Use of the Raqshaq 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 the Raqshaq service to
transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another.
Fraudulent activity: Use of Raqshaq 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 the Raqshaq 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 Raqshaq 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 Raqshaq
account.
E-mail / Message Forging: Forging any message
header, in part or whole, of any electronic transmission,
originating or passing through the Raqshaq service is in violation
of this AUP.
Usenet SPAMing: Raqshaq 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 the Raqshaq
service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security
measures of Raqshaq'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 Raqshaq
account is subject to immediate termination.
Copyright or trademark infringement: Use of
the Raqshaq 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 the
Raqshaq 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 Raqshaq service for any activity which affects the
ability of other people or systems to use Raqshaq 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. Raqshaq 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.
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 Raqshaq services could
result in suspension service.
- Third Party Accountability: Raqshaq
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.
SPAM and Unsolicited Commercial Email (UCE):
RaqShaq takes a zero tolerance approach to the sending/transacting of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that
customers of RaqShaq may not use or permit others to use our network to transact in UCE.
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 spam is stricly prohibited.
Customers of RaqShaq may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. (spamvertising)
In addition, the following are also stricly prohibited.
- offering for sale or otherwise enabling access to bulk email lists
- software products or services that facilitate the sending of unsolicited email
- software products or services facilitate the assembling of multiple e-mail addresses ("spamware").
Violations of this policy carry severe
penalties, including termination of service.
- Violation of RaqShaq's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, RaqShaq will initiate an immediate investigation
(within 48 hours of notification). During the investigation, RaqShaq may restrict customer access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy, RaqShaq may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, RaqShaq reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. RaqShaq will notify law enforcement officials if the violation is believed
to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of
$500 and immediate termination of your account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that RaqShaq personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over
the RaqShaq network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IP Addresses - Dedicated Servers and Server Colocation
While we will allocate our customers an "limited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
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
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. Raqshaq 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
Raqshaq
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 Raqshaq systems or networks. Raqshaq reserves
the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Raqshaq AUP
Raqshaq requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse Department
at abuse@Raqshaq.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. Raqshaq may
take any one or more of the following actions in response to
complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting 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
Raqshaq 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.
Billing Policies
1. Terms for
Payment:
All payments shall be monthly by credit
card on file, or in advance on a yearly basis. No monthly invoices
will be sent.The grant of any license or right of copyright is
conditioned on receipt of full payment.
2. Default in Payment:
The Client shall assume
responsibility for all collection of legal fees necessitated by
default in payment. Any delinquent account may be terminated by
AlwaysOnline.net with no prior notice given!
3.
Releases:
The Client shall indemnify AlwaysOnline.net against all
claims and expenses, including reasonable attorney's fees, due to
uses of which no release was requested in writing or for uses which
exceed authority granted by a release.
4. Liability:
Client
agrees to release AlwaysOnline.net from any liability for content
hosted on AlwaysOnline.net’s computer network. The Client assumes
full liability for all content.
5. Termination of Contract:
The term of contract for all RaqShaq services is one year,
however, any client's service may be terminated by client with 60 day written
notice. If said client wishes, upon notice of termination by said client, that services rendered by RaqShaq be
ceased immediately, an early termination fee equal to two months of the contracted monthly fee will be applied. If said
client wishes to terminate 12 month contract in advance of this annual agreement, any discounts
applied at the time of order are void and said client agrees to pay RaqShaq the balance of any discounts applied
at the time of order. In the case that client does not cancel service within 60 days of the anniversary date, the
contract will automatically renew for another 12 month term.RaqShaq reserves the right to hold
any
software or intellectual property of the Client until such time as
payment in full is received. AlwaysOnline.net agrees to refund set
up and monthly fees if we fail to meet the requirements of this
contract within the first thirty days of the contract
period.
|
