ManageMyBox provides web hosting, dedicated servers and other internet services to many clients, and we have the responsibility of protecting each of our clients and to provide the best services available. These have been based around years of experience in the industry and we have made sure that any standard account should have no problems in following them.
The company ManageMyBox refers to all accounts under the ManageMyBox name. If
service was ordered specifically from managemybox.com this agreement applies
to customer. This document is designed to provide the basic information about what is allowed/disallowed on specific packages however, with changing technology this list and document may need to be amended at any time and therefore
ManageMyBox reserves the right to amend this document at any time without notice and all customers are required to follow the current AUP documents and not those shown on sign-up. If you have any comments, suggestions or need to report abuse of these policies please e-mail abuse@managemyservices.com.
Content:
All services provided by ManageMyBox may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UK law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless
ManageMyBox and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
ManageMyBox will be the sole arbiter as to what constitutes a violation of this provision.
Backups:
The user agrees that they will keep backups of their sites on their computers,
ManageMyBox accepts no responsibility for loss of data. The end user is responsible for making sure they have up to date site files saved offline.
This includes the following events: Hardware failure, Cancellation, Server
restore and any other event that may occur.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Site or using an email address or domain that is maintained on a
ManageMyBox machine as a reference is STRICTLY prohibited. Servers in violation of our spamming policy
may be disabled without prior notice. ManageMyBox will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a clients site give said client their e-mail address the user should also have to verify it through e-mail afterwards before anymore mail is sent. This prevents us being listed in spam databases. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of
ManageMyBox whether or not the message actually originated from our network.
Spamvertised Sites:
Hosting websites advertised by spam sent from another network is not permitted unless proof can be given that Customer was not at all involved in the incident.
Mailing Lists
Senders must maintain complete and accurate records of all opt-ins and provide these to
ManageMyBox if requested. If proof cannot be provided then any messages sent to subscriber will be deemed as UCE. An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
Block Removal
If Customer actions have caused ManageMyBox IP address ranges/Network Space to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove IP ranges
from spam filters.
IRC:
IRC is not permitted of any type or any nature unless has been arranged and
authorized by ManageMyBox beforehand.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of ManageMyBox
is strictly prohibited. These attempts can include DOS attacks or hacking.
File sharing:
The use of Peer to Peer or File Sharing software on any server is strictly prohibited unless it can be proved that the use of it is completely legal. Use of this software for illegal purposes could result in service being disabled until investigation has taken pace.
Illegal use:
ManageMyBox's services may not be used for illegal purposes, or in support of illegal activities.
ManageMyBox 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 ManageMyBox service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse.
Threats:
Use of the ManageMyBox 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 ManageMyBox service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity:
Use of ManageMyBox 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." This also Includes sending this data via
e-mail i.e. Phishing.
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.
Unauthorized access:
Use of the ManageMyBox service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of
ManageMyBox'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
ManageMyBox account is subject to immediate termination.
Copyright or trademark infringement:
Use of the ManageMyBox 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 ManageMyBox service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This can include e-mail addresses, IP addresses and any other information that could be used to personally identify them.
Use of Resources:
If server package limits are reached ManageMyBox reserves the right to charge customers account for all fees due and previously agreed to.
Network disruptions and unfriendly activity:
Use of the ManageMyBox service for any activity which affects the ability of other people or systems to use
ManageMyBox 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.
ManageMyBox 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
and is not acceptable on ManageMyBox network
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.
Adult Content:
Adult content will be accepted on all dedicated and managed server accounts.
IP Allocation:
Customers should only use IP Addresses assigned to them by ManageMyBox. Any server using IP Addresses not given to them by
ManageMyBox may be disconnected or suspended until IP overlap can be investigated. Use of an unauthorized IP address will result in a charge of $10 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $50 charge and termination of service until the IP allocation is resolved.
Reseller policy:
Resellers are responsible for their customers and their customers should be made aware of the AUP so consequences of breaking it are understood. If resellers customer is found to be breaking AUP and charge is needed then reseller will be charged and has the responsibility of charging the customer or accepting the charge themselves.
Usenet Policy:
Usenet posts must conform to internet standards.
Prohibited acts include -
- Posting of articles/URLS for commercial purposes except where clearly allowed.
- Excessive cross-posting or multi-posting
- Using auto-responders or cancel bots
- Unauthorized creation, cancellation or removal of newsgroups
- Cancellation of posts other than Customers own
Internet Etiquette:
Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Company may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Company by offended users. Company reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Customer Security Obligation:
Each Customer must use reasonable care in keeping each server or network devices attached to
ManageMyBox infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources.
ManageMyBox is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@ManageMyBox.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour.
It is Customers responsibility for keeping their account passwords with
ManageMyBox secure and sharing it with unauthorized users is prohibited. Any actions by sub-users of the account will be the responsibility of the main account holder. Users who violate system or network security including, but not limited to, attempting to circumvent security of any network or host, attempting to interfere with service by use of flooding, DDoS or DoS may incur civil or criminal liability.
LIMITATION OF LIABILITY:
ManageMyBox shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from
ManageMyBox servers going off-line or being unavailable for any reason whatsoever. Furthermore,
ManageMyBox shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of
ManageMyBox servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to abuse@managemyservices.com
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
DISCLAIMER:
ManageMyBox cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by
ManageMyBox are resold. Thus, certain equipment, routing, software, and programming used by
ManageMyBox may not be directly owned or written by ManageMyBox. Moreover,
ManageMyBox holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as
ManageMyBox sees fit.
ACCOUNT ACTIVATION:
By activating your account with ManageMyBox, you agree to the above policies and
disclaimer. Upon requesting an account activation, you are required to
accept these policies, guidelines, and disclaimer and a copy of your
acceptance is forwarded along with your activation request to be maintained
within your account information.VIOLATIONS OF ACCEPTABLE USE POLICY:
ManageMyBox will take any one or more of the following actions on notification of violation of AUP, these may change depending on severity of situation, timeframe of notification given and previous violations:
- Issue written or verbal warnings via e-mail, support issue, telephone call, mail
- Disable access to service temporarily for Customer
- Terminate customer's service
- Remove violating content
REPEAT VIOLATIONS:
If violation happens repeatedly service will be terminated with no refund given and a $50 fee will be accessed to customer for time taken to investigate all violations.
POLICY CHANGES
ManageMyBox retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
RESERVATION OF RIGHTS
ManageMyBox reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity involving
ManageMyBox Services, Customers and other Users. ManageMyBox 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.
VIOLATIONS
ManageMyBox expressly disclaims any obligation to monitor its Customers
and other Users with respect to violations of this Policy. ManageMyBox 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. ManageMyBox
reserve the right to levy a penalty fee of $25.00 per violation of
the Acceptable Use Policy and Service Agreement.
A. Reporting Non-Copyright Violations.
ManageMyBox encourages Users to report violations of this policy by e-mail
to: abuse@managemyservices.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.
B. Reporting Copyright Violations. ManageMyBox
complies with the Digital Millennium Copyright Act ("DMCA"). ManageMyBox
encourages Users to report an alleged copyright infringement involving a
user by sending a notice to: abuse@managemyservices.com.
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