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| Virtual Private Server Support Policy 1. Lunar Charc provided Services The Lunar Charc support staff will manage and monitor the network, hardware, and the basic operating system of the server. These functions are completely under the control of Lunar Charc, and any problems with these will be resolved by Lunar Charc staff as quickly as possible. 2. Core Services Core services include Web (http, https), E-mail (SMTP, POP, IMAP), File Transfer (FTP), and Shell access tools (Telnet, SSH, Cron) residing on the server. These services are managed by the Lunar Charc Support Staff, but can be configured by the customer to run according to their specific needs. Lunar Charc will provide basic instructional support for configuring and using the core services, as well as maintaining the system functionality of these services free of charge. 3. Third Party Software Any software other than the core services is considered third party, regardless of who developed the software. Some third party software requires a one-time or monthly license or usage charge. Assistance with the installation and basic configuration of Lunar Charc provided third party software is available free of charge. Any support beyond the basic installation and configuration including troubleshooting and usage problems should be obtained from the product vendor. 4. Lunar Charc Acceptable Use Policy All customers must comply with Lunar Charc's Acceptable Use Policy (AUP). Lunar Charc may at its own discretion terminate any accounts which fail to comply with the published Lunar Charc AUP. The Lunar Charc acceptable use policy may be amended from time to time by Lunar Charc and is effective upon posting of the revised policy on the Lunar Charc site. You may wish to review the Lunar Charc Acceptable Use Policy at this time. The Lunar Charc Acceptable Use Policy covers numerous topics including: - Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Lunar Charc, but also because it can overload Lunar Charc's network and disrupt service to Lunar Charc subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Lunar Charc has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
- Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Lunar Charc is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Lunar Charc's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- Obscene Speech or Materials -- Using Lunar Charc's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Lunar Charc is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Lunar Charc's network.
- Defamatory or Abusive Language -- Using Lunar Charc's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Illegal or Unauthorized Access to Other Computers or Networks --Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
- Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- Other Activities -- Engaging in activities, whether lawful or unlawful, that Lunar Charc determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Again, all customers are expected to fully comply with all terms of the Lunar Charc Acceptable Use Policy. 5. Unsolicited E-mail Policy Unsolicited e-mail or "spam" originating from a Server account or associated with a Server account is not tolerated. This includes any e-mail that promotes Web sites hosted on a Server account but is sent from an e-mail address not associated with that Server account. After the first violation of this policy, we will give a warning to the customer. After the second violation, the Server account will be disabled without warning and the account may be terminated. We believe strongly in promoting "netiquette", or proper use of the Internet. A strong anti-spamming policy will benefit both you and your customers. 6. Activities Subject to Immediate Deactivation Any Server account that is used for illegal, abusive, or unethical activity prohibited in the Lunar Charc AUP may be immediately deactivated by us without warning to you. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials. Although we will make reasonable effort to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give such notice before deactivating your use of our services if, in our discretion, your use is or results in illegal, abusive, or unethical activities. If a Server account is disabled, the regular monthly fees still apply until the Server account is terminated by the customer. |