Cyberls's Acceptable Use Policy is strictly enforced. By purchasing one of Cyberls's products, you agree to follow and abide to these rules set forth below. Failure to comply is cause for immediate suspension/termination of your account and all accounts that may be under your name. Further action may be taken by the discretion of Cyberls. Accepting Cyberls's Acceptable Use Policy means you agree to the following:
1. You agree not to send unsolicited commercial or bulk e-mail or any items considered to be "spam" .The sending of Unsolicited Commercial E-mail or spamvertizing sites (UCE) or SPAM over our network. Very simply this means that customers of Cyberls may not use or permit others to use our network to transact in UCE. Customers of Cyberls may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
1 a. Violation of Cyberls's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Cyberls will initiate an immediate investigation (within 12 hours of notification). During the investigation,Cyberls may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cyberls may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Cyberls reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cyberls will notify law enforcement officials if the violation is believed to be a criminal offense.
1 b. It is the responsibility of our clients to fully investigate any abuse complaints raised against them or their email and they should provide full details to us within 24 hours of any alerts. We understand that this may be time consuming but, as we do our part to help clients to prevent blacklisting by remote hosts, we ask the same consideration from server owners. Failure to respond in time will result in Account Suspensions and an abuse fee of 500 USD may be charged.
1 c. If the reported email message was solicited, you are required to furnish us with the full details of subscription and confirmation information for the complainant's address. Please also ensure that the lists that you use are double opt-in and you should provide us a the confirmation email text that was sent to the complainant. Complaints involving "spamvertisements" also require detailed responses, even if it is determined that the domain in the advertisement was not directly responsible for the sending of the email. Our customers are required to investigate the report and let us know what you find. Be sure to include details of any actions taken to prevent further abuse.
2. You agree not to take part in or promote any form of "hacking" or intruding to any Cyberls Website and/or any of Cyberls's clients' websites.
3. You agree not to misbehave in any newsgroup, forums, online group chat, and mailing list associated with Cyberls. Actions may include, but are not limited to, spamming, flaming, cursing, and/or degrading another user.
4. You agree not to take any legal action against or on behalf of Cyberls. Any action that may result in legal intervention may be cause for your account to be suspended/terminated with the sole discretion of Cyberls.
5. You agree not to infringe any copyright, trademark, patent, or any property rights of Cyberls or any third party including, but not limited to, the unauthorized copying/distributing of copyrighted material.
6. You agree not to take part in any illegal action that may result in legal intervention against Cyberls.
7. You agree to not violate any laws, regulations, and requirements set forth by any applicable state, federal, or local goverment.
8. You agree not to undertake any action which is harmful or potentially harmful to any property owned by Cyberls.
9. All services provided by Cyberls may only be used for lawful purposes.
10. You agree not to purposefully collect any identifiable information of any Cyberls employee or any client of Cyberls without written consent of a Cyberls officer.
11. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Cyberls Network. Violations of system or network security may result in civil or criminal liability. Cyberls will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled.
Examples of prohibited content or links include (but are not limited to): IRC Software
Hacking sites, programs or archives
Warez Sites (includes Warez Linking )
Distribution of music files or any other material in which the account holder does not own the copyright.
Escrow, High-Yield Interest Programs(HYIP) or related sites
Investment sites (FOREX, egold exchange)
sale of any controlled substance without prior proof of appropriate permit(s)
Bank Debenture Trading Programs
Rpg's, hate sites
Hacker focused sites
Sites promoting illegal activities
Mail Bombers and Spam Scripts
Brute Force Programs
Cyberls will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Per Service type - as well as all of the the above
Examples of Service types :
Shared Hosting (web site owners & resellers who are on a server with otheres)
Virtual Private Server (VPS/VDS)
Shared Hosting Servers - Bittorrent - Torrent or Bittorrent or Bittorrent Tracker software
Resource Usage - Use 25% or more of system resources for longer then 90 seconds.This includes Cpu, Ram,. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons
Run any type of web spider or indexer (including Google Cash / AdSpy)
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
You agree not to host "hacks", illegal software licenses, "keygens", "serials", and any other forms of illegal distributions of unauthorized access to software.
12. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
13. Failing to keep your web site(s), EG: failing to keep the software you run on website(s) updated which includes any third party products we provide EG: auto install scripts. Actions taken by Cyberlsfor this is at our sole discretion (removel of software, reimaging of drive drive space, etc. Any expense incurred will be the responsibility of the end user
14. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Current Fees for Data Transfer overages $1.80 per GB if not pre paid If you have a Credit Card on file you will be automatically invoiced and billed at the lesser rate (unless it is declined)
15. The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory
16. Blacklist - If any client or any third-party user that is a customer of our client uses Cyberls Systems services, network, or its physical infrastructure in a manner that causes Cyberls Systems, or any IP addresses issued by Cyberls Systems to be blacklisted or blocked, Cyberls Systems reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Cyberls Systems service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
17. All IPs addresses issued by Cyberls Systems are the sole property of Cyberls Systems. Clients retain no ownership rights to any IP addresses issued by Cyberls Systems. Clients may not transfer IPs from Cyberls Systems. Any client purchasing over 5 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired.
18. Monitoring Policy - Cyberls Systems does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Cyberls Systems, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.
19. Network Security - Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
20. You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of Cyberls Systems Acceptable User Policy and Terms and Conditions
By agreeing to these terms, you fully understand that Cyberls redeems the right to take action or determine if anything is inappropriate under this agreement. Cyberls may suspend/terminate your account if an officer determines you have violated any of the rules above. This Acceptable Use Policy may be amended at anytime without warning. Policy Updates will go into effect immediately. It is your responsibility to check for updates to this policy.