Interpretation

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions or prohibitions on foreign business transactions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

The provisions of this Use Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Use Policy, is prohibited. Radancy reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

Radancy servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated software,” “Hackers programs or archives,” “Warez Sites,” “Irc Bots,” “Mp3”.

The Services and any software provided by Radancy may be subject to United States government export control restrictions. You agree not to locate, relocate or export the Services and any software provided by Radancy in violation of such restrictions. You agree that the Services and any software provided by Radancy shall not be used for the purpose of effecting or facilitating transactions with U.S. restricted destinations (which, as of the Effective Date, include: Iran, Iraq, Libya, Cuba, North Korea, Sudan, Syria, the Taliban Controlled areas of Afghanistan, or areas controlled by the UNITA rebels in Angola) and/or a person or entity on a U.S. restricted parties list, absent U.S. Government authorization.

Radancy will be the sole arbiter as to what constitutes a violation of this provision.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Misuse of System Resources

It is a violation for anyone who, including but not limited to, employs posts or programs code or data that consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resells access to CGI scripts installed on our servers.

Tortious Conduct

No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, including without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another website’s mail server to relay mail without the express permission of that website.

It is contrary to Radancy policy for customers to use our servers to effect or participate in any of the following activities:

1. To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles that are off-topic according to the charter or other owner-published FAQs or description(s) of the group or list;
2. To send unsolicited mass emailings, if such unsolicited emailings provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Radancy provided server, or using a Radancy provided server as a maildrop for responses; or
4. To falsify user information provided to Radancy or to other users of the service in connection with use of a Radancy service.

Consequences of Violation

When Radancy becomes aware of an alleged violation of its Use Policy, Radancy will initiate an investigation. During the investigation, Radancy may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Radancy may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If Radancy believes that such violation is a criminal offense, Radancy will notify the appropriate law enforcement department of such violation.

Radancy does not issue service credits for any outages incurred through service disablement resulting from Use Policy violations.

Modification

Radancy reserves the right to add, delete, or modify any provision of this Use Policy at any time without notice.