1. Scope and Purpose
NanoServers Inc. (hereafter referred to as "NanoServers") provides services to view and use products, services, and other materials made available over the Internet (Content). By its nature, the Internet is designed to permit the expression of a wide variety of commercial and non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet is not owned or controlled by any one entity. NanoServers can not, and does not, monitor or control any Content, including its customer's Content. Use of the Internet, as a provider Content, or as a user of it, requires a high level of individual judgment. By accessing the Internet, you assume the risk that Content available through NanoServers's services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or needs. NanoServers can not, and will not, accept responsibility for injury that results from this Content, even if that Content may be legally actionable. To balance the often competing issues that the nature of the Internet creates, NanoServers has created this Acceptable Use Policy (AUP). This AUP governs the use of the services provided by NanoServers, its customers, visitors to NanoServers's web sites, and visitors to customer's web sites (all such collectively referred to as "End Users"). It is a part of each customer's agreement with NanoServers and is incorporated by this reference. While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that use, NanoServers may take actions based on this AUP that in its sole opinion are in its best business interests, regardless of whether the use itself is legal. In particular, NanoServers encourages prospective customers to carefully review sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause NanoServers to take action, up to, and including, termination of a customer's account. Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer's responsibility and contractual obligation to ensure that End Users comply with this AUP. NanoServers expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation of their contract.
2.1 Lawful Use
NanoServers's services may be used for lawful purposes only. Customers and End Users may not use NanoServers's services to directly facilitate the violation of any particular law or regulation. Use of NanoServers's services is governed by the laws of the United States, regardless of our physical location or that of the Customer or End User.
2.2 Other Acceptable Use Policies
When using NanoServers to connect to other systems, Customers and/or End Users must respect any acceptable use policies, terms of service, terms and conditions or similar restrictions placed on their use by the owners of those systems. Services we provide may be subject to other acceptable use policies. We will provide these acceptable use polices to you on request.
Any use of Customer's account, server, or any other service provided by NanoServers will be considered use by the individual or entity set out in NanoServers's records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP. The security of Customer's systems and account details are the responsibility of the customer. The primary contact is considered the owner or authorized user of all data using NanoServers's services. NanoServers recommends that Customers take steps to ensure that all use of their account and/or server is authorized. This includes restricting physical access to their computers and networks, logging their use, and ensuring that their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes it to millions of other computers. NanoServers recommends that Customers ensure that their computer is secured against abuse from the Internet. All security related responsibilities are those of the Customer unless otherwise agreed upon in writing. Computers are configured to facilitate their operation in NanoServers's network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. NanoServers makes no warranties regarding the security of its network. The structure and nature of the Internet community changes often. Activities that may at one time have been considered to be acceptable to the general public, may, over time, become unacceptable. NanoServers, Customers, and End Users do business in this unstable and unpredictable environment. NanoServers will attempt to give Customers 30 days prior notice of a material change to this AUP. Such a notice will be posted at here in our Acceptable Use Policy. However, because of the nature of the Internet, NanoServers reserves the right to change this AUP without notice. Continued use of NanoServers's services constitutes acceptance of the most current version of the AUP. It is the responsibility of the customer to notify NanoServers of any changes to their account or contact information. NanoServers has no responsibility for communications that are misdirected as a result of Customer's failure to provide NanoServers with updated contact information.
4. Contacting NanoServers regarding violation of this AUP
E-mail addresses used to contact NanoServers are set out within this AUP. Please note, that NanoServers has created special addresses for certain types of complaints. Complaints misdirected by aCustomer or End User may not be responded to. Complaints submitted to NanoServers are not confidential and may be forwarded to NanoServers's customer or law enforcement, without notice. NanoServers does not recognize requests that complaints be kept confidential, and will not honor those requests. Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent to abuse@NanoServers.net. Complainants should include as much detail as possible. Relevant E-mails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue. NanoServers recognizes that it is often expedient to request that NanoServers take action related to a Customer or End User. However, NanoServers is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate NanoServers to take any specific action.
5. Intellectual Property Rights
Customers warrant that their use of NanoServers's services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.
5.1 Copyright Infringement
NanoServers is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512. NanoServers is not required to respond to notices that do not fall within these criteria. Please review them carefully. Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a DMCA complaint.
5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to abuse@NanoServers.net.
6. Certain Content Restrictions
NanoServers does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this AUP, NanoServers does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and End Users are prohibited from using NanoServers's services to disseminate or access Child Pornography and Bestiality. NanoServers is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. NanoServers actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do so without informing Customers or End Users. Child Pornography and/or Bestiality complaints may be directed to abuse@NanoServers.net. Further information about child pornography may be found at www.ncmec.org
7. U.S. Export and Import Laws
Customers and End Users may not use NanoServers's services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use NanoServers's services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at http://www.export.gov/exportcontrols.html
9. IP Addresses
NanoServers owns IP numbers and addresses assigned to customers. NanoServers may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about NanoServers's customers, and/or their use of NanoServers's services, are required to submit a subpoena, or other similar document, pursuant to which NanoServers is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to NanoServers, the Subpoena will be transmitted to NanoServers's Customer. Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at NanoServers's discretion. Responses are subject to a response fee of $250 per hour. NanoServers does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact NanoServers prior to serving Civil Demands in order to minimize their expense.
1.1 Unauthorized Access
Under no circumstances may NanoServers's systems be used to gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system's owners (or rightful users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system in order to reduce its ability to serve its function. Under no circumstances may NanoServers's systems be used in DoS attacks.
11.3. Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause determental effects to other users and/or the network, and, in extreme cases, may have DoS attack like effects.
11.3.1. Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1 packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher pps to bandwidth ratios will result in immediate service termination with no grounds for reinstatement. Furthermore, Customer will be liable for a minimum fine of $500 per hour that the pps ratio is exceeded, or greater based on the scope of the effect on other users and/or the network.
11.4 Probes and Scans
Probe A probe is a connection made to a computer in order to determine if it has a security vulnerability (for example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security testing of any system or network. Port-Scan A port scan is making multiple attempts to connect to a computer on different ports in order to determine the services it provides. Sweep A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they are in-use, providing a specific service or to map a network's topology. Spoofing Spoofing is faking the details of a connection in order to make it appear to come from a different computer, organization or individual without their permission.
11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems is prohibited, and may be reported to law enforcement agencies. NanoServers reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the NanoServers network in the course of performing security assessments and threat management.
11.4.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified as soon as possible. NanoServers reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.
Generally The Internet is a robust source for communication between individuals and entities. NanoServers supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of NanoServers's services to transmit this type of E-mail is specifically prohibited by this AUP. While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, NanoServers's Customers and End Users are required to abide by the definitions and restrictions in this AUP, regardless of whether a particular type of E-mail communication is permissible by law or other regulation.
Bulk (or Broadcast) E-mail Bulk E-mail is sending of substantively similar E-mails to more than 20 E-mail addresses. Commercial E-mail Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or promotion of a commercial product or service, including Content on a web site, which is operated for a commercial purpose, or which has as its primary goal, a commercial purpose.
12.1.2 NanoServers's services may not be used to send UBE and UCE (a.k.a. spam)
NanoServers's systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails (UCE). Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by NanoServers.
12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled the in the same manner as UBE and UCE complaints.
12.1.4 Bulk Mailing Bulk Mailing Through NanoServers.net
NanoServers's mail servers are the only servers designed to send Bulk E-mail using the mailing list system that may be part of the subscribers account. Sending Bulk (or Broadcast) E-mail through or from any NanoServers.net owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to NanoServers.net web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at NanoServers's sole discretion.
12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to the same recipient in any 24-hour period. NanoServers's systems may not be used to engage in Mail Bombing.
Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036.
13.1 Usenet Spam
Cross-Posting Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups. Multi-Posting Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message need only be transferred once (even though it appears in multiple newsgroups). Briedbart Index In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used. If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1 groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings is calculated as the sum of the square roots of n1, n2, n3, etc. Excessive Multi-Posting (EMP) Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting (EMP).
13.1.2 Prohibition of EMP
NanoServers's systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting or advertising domain names, URIs or E-mail addresses hosted by NanoServers.
13.2 Off-Topic Posts
Charter Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters can be searched for here: http://www.faqs.org/faqs/faqsearch.html. Off-topic Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
NanoServers's systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages promoting or advertising domain names, URIs or E-mail addresses hosted by us is also prohibited.
14. Prohibited Services & Protocols
IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using NanoServers's services. No connections to IRC or IRC-like servers or hosts may be made from NanoServers's services.
Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from NanoServers. Customers using the multicast protocol without prior written authorization will be billed up to $500 per hour that multicast is used.
14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays.
NanoServers expressly reserves the right to suspend or terminate, without notice, all services for any customer who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any service or services offered by NanoServers. No refunds are provided for services terminated because of any violations of this AUP. If practical, we will contact Customer (either by telephone or E-mail) before any action is taken. Where NanoServers believes that that the violation was accidental or will not be repeated, NanoServers may, at its discretion, choose to re-enable services. In these circumstances NanoServers may also place restrictions or further conditions on Customer’s use of NanoServers's systems, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by NanoServers in dealing with the abuse incident. In certain circumstances, NanoServers may suspend a Customer's services in the interests of preventing further abuse while NanoServers investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by NanoServers. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under section 15.1.1 below will count against the total for subsequent sections following 15.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period Customer will be notified of those complaints with copies of the reported E-mails. This one chance will be given to cease this activity, secure the system from relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten days. Customer will be notified of those complaints with copies of the reported E-mails. It will be the responsibility of Customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent to the a normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated immediately. Notification will be sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or NanoServers discovers an open relay or open proxy through the course of business Customer will be notified after services are suspended. Restoration of service will require written acknowledgement of the reason for suspension and either:
1) An indication that the security issue will be remedied including how this will be achieved; or 2) Customer pays NanoServers to remedy the security issue on the customer's behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a Customer, or End User, is found to be the cause for any part of NanoServers's network being blocked or 'blacklisted' by any third party in any way, NanoServers reserves the right to terminate some or all services offered by NanoServers without notice. It is the responsibility of Customers to be sure they and their subscribers are not abusing our network and causing service problems for other Customers.