Acceptable Use Policy

Overview

The following are considered violations of Sharktech Internet Service’s AUP (Acceptable Use Policy):

1. Illegal usage:

Use of Sharktech’s services for illegal purposes or in support of illegal activities. Sharktech Internet Services reserves the right to cooperate with legal authorities and/or injured third parties to investigate any suspected crime or civil wrongdoing.

2. Threats:

Use of Sharktech’s services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Harassment:

Use of Sharktech’s services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another person.

4. Forgery or impersonation:

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

5. Fraudulent activity:

Use of Sharktech’s services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as ‘pyramid schemes’ and ‘chain letters.’

6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):

Use of Sharktech’s services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

IMPORTANT NOTICE: Any customers hosting websites or services on their servers that support spammers or cause any of our IP space to be listed in any of the various spam databases will have their server immediately removed from our network. The servers will not be reconnected until the customer agrees to remove any traces of the offending material immediately upon reconnection and agrees to allow us access to the servers to confirm that all material has been COMPLETELY removed. Severe violations may result in the immediate and permanent removal of the servers from our network without notice to the customer. Any servers guilty of a second violation WILL be immediately and permanently removed from our network without notice.

7. E-mail / News Bombing:

Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending account.

8. E-mail / Message Forging:

Forging any message header, in part or whole, of any electronic transmission originating or passing through the Sharktech service is in violation of this AUP.

9. Usenet Spamming:

Sharktech has a zero-tolerance policy for the use of its network for the posting of messages or commercial advertisements that violate the rules, regulations, FAQs, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or solicited by the recipients are permitted.

10. Unauthorized access:

Use of the Sharktech service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Sharktech or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited. The offending Sharktech account is subject to immediate termination.

11. Copyright or trademark infringement:

Use of the Sharktech service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.

12. Collection of personal data:

Use of the Sharktech service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

13. Network disruptions and unfriendly activity:

Use of the Sharktech service for any activity which affects the ability of other people or systems to use Sharktech Services or the Internet is prohibited. This includes ‘denial of service’ (DDoS) attacks against another network host or individual user. Interference with or disrupting other network users, services, or equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured securely. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network illegally or inappropriately. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Sharktech will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or data loss.

14. Fraud:

Involves a knowing misrepresentation or misleading statement, writing, or activity made with the intent that the person receiving it will act upon it. Sharktech does not tolerate fraud.

15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:

Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Distribution of Viruses:

Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is prohibited. Such an offense will result in the immediate termination of the offending account.

17. Inappropriate Use of Software:

Use of software or any device that would facilitate a continued connection, i.e., pinging, while using Sharktech services could result in the suspension of service.

18. Third-Party Accountability:

Sharktech subscribers will be held responsible and accountable for any activity by third parties using their account that violates guidelines created within the Acceptable Use Policy.

19. Adult content:

Adult content is allowed.

20. IP Addresses:

Using IP addresses that Sharktech did not assign.

21. Support to Terrorists:

Using Sharktech services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

22. Gambling:

Using Sharktech services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations.

23. Harm to Minors / Child Pornography:

Using Sharktech services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law.

24. Violation of Security:

Violating or attempting to violate the security of Sharktech’s systems.

25. Shared Unmetered Bandwidth Plans:

Shared unmetered plans are, by their nature, shared among several clients. Acceptable use of the shared unmetered port product line is limited to usage that does not interfere with other clients on the same line. Expected sustained throughput is approximately 30-40% of the port capacity. Sustained usage higher than that may result in traffic shaping or rate limiting the port, at Sharktech’s sole discretion.

26. DDOS mitigation plans:

VPS, dedicated server, and colocation DDoS mitigation plans are intended for normal patterns of usage. Clients may not initiate attacks against their own servers to ‘stress test’ the DDoS protection. Attacks that are network impacting are subject to null routing or other necessary measures to prevent interference to the service Sharktech provides to other clients.