When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Idlesoft LLC's network and may reach a large number of people, including both subscribers and non-subscribers of Idlesoft LLC, subscribers' postings to the Internet may affect other subscribers and may affect Idlesoft LLC's goodwill, business, reputation or operations.
For these reasons, subscribers violate Idlesoft LLC terms and policy when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Idlesoft LLC, but also because it can overload Idlesoft LLC's network and disrupt service to Idlesoft LLC's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Idlesoft LLC will investigate and shutdown the account that is spamming. Idlesoft LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER email sent should Idlesoft LLC choose to pursue and prosecute.
Excessive Use:
Any usage of our services that causes our services to our other clients to deteriorate. To provide Idlesoft Hosting at this low price you share the Idlesoft Hosting servers with many other users, therefore we can not allow any excessive usage on any account. This includes, but is not limited to, excessive use of CPU cycles, bandwidth, memory (aka RAM) and the database. Examples of usage that can cause this type of behaviour on your account: Large amounts of visits to your site; Large complicated scripts to provide content for your user; Hosting large files like audio, video, ISOs, executables, etc.; Streaming audio/video; Bugs in your software; Sending large amounts of emails like newsletters; etc. If your website is based on such usage, please take a look at our managed hosting, where we can provide you a dedicated service, which we can design and adapt to specifically meet your needs. Excessive use is determined by us, at our sole digression.
Obscene Speech or Materials:
Using Idlesoft LLC's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Idlesoft LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Server Abuse:
Any attempt to undermine or cause harm to a server or customer of Idlesoft LLC.
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 may 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, flooding, mail bombing 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.
Facilitation 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 flooding, mail bombing, denial of service attacks and piracy of software.
Facilitation of Illegal Activities:
Promoting any illegal activity or present content that may be damaging to Idlesoft LLC' servers, or any other server on the Internet. Any links to sites containing such content are also strictly prohibited.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software and media.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Idlesoft LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Idlesoft LLC's policy or applicable law. However, when Idlesoft LLC becomes aware of harmful activities, it will take action to stop the harmful activity.
Idlesoft LLC will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, with government permission, or when public safety is at stake. Idlesoft LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
Idlesoft LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Idlesoft LLC will inform the involved subscriber(s) that such information has been provided, unless Idlesoft LLC is prohibited to do so by law.
Idlesoft LLC may disclose subscriber information or information transmitted over its network where necessary to protect Idlesoft LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Idlesoft LLC will never sell information to other services or outside companies.
Idlesoft LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws, especially the privacy of online communications. A subscriber's failure to comply with those laws will violate Idlesoft LLC policy.
Finally, Idlesoft LLC wishes to emphasize that, by agreeing to Idlesoft LLC’s terms, policies and disclaimers, subscribers indemnify Idlesoft LLC for any violation of such agreements or laws resulting in loss to Idlesoft LLC or the bringing of any claim against Idlesoft LLC by any third party. This means that, if Idlesoft LLC is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Idlesoft LLC, plus costs and reasonable attorney's fees.
Any complaints about a subscriber's violation of this AUP should be sent to
aup@idlesoft.net.
Revision date: 9 Jun 2011