Acceptable Use Policy - Adaptive.net

Acceptable Use Policy

Terms of Service   •   Acceptable Use Policy   •   Privacy Policy
Adaptive.net provides Internet World Wide Web page hosting, electronic commerce services, marketing, and development. Adaptive.net has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Adaptive.net general policy is to act as a provider of internet presence. Adaptive.net has specific ethical concerns regarding the use of its computers detailed below. Adaptive.netreserves the right to suspend or cancel a customer's access to any or all services provided by Adaptive.net when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies are detailed below:

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Adaptive.net is strictly prohibited.

Adaptive.net will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Adaptive.net customer, whether or not the attacked account or computer belongs to Adaptive.net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Abuse of Traffic

Bandwidth will be unrestricted until your usage reaches an average rate of 6GB of network traffic per month. Thereafter, normal data transfer cost of $4.00/GB/month will be billed to your account to pay for your overages and for all subsequent months. If you do not pay for your overages your site will be disabled within 3 days of your first notice.
Data transfer is measured by measuring the lowest 95% of your traffic patterns.
Adaptive.net will be the sole arbiter as to what constitutes a violation of this provision.

Email Account Maintenance
In addition to the number of POP3 accounts that you may have included with your account, Adaptive.net places the following limitations on all POP3 accounts. All POP3 accounts are limited to 1000 unread email messages. Any subsequent message delivered to a POP3 account that already has 1000 unread email messages will be returned to the sender as undeliverable. Additionally, each POP3 account has a 5MB per message limit and a 10MB per account limit. Any subsequent message delivered to a POP3 account that has reached this limit will be returned to the sender as undeliverable. Additionally, all POP3 account messages that are older than 30 days are automatically removed from the server. Your POP3 account should be used as a temporary storage area before downloading them to your POP3 client such as Microsoft Outlook, Eudora or Netscape Messenger, which you can use to permanently store your messages.

Unsolicited Email (Spam)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hoursand you will be fined $100.00 per sent Spam. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $200.00 per sent Spam. Upon your third offense your account with Adaptive.net will be terminated with a fine of $300 per Spam. No refunds will be given if your account is terminated for Spam.

Background Running Programs or DLLs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Rogue Sites
If your site is determined to be causing a detremental affect on other sites on the same server or other sites on the same network, Adaptive.net has the right to immediately suspend operation of your account until the problem with your site is corrected.


Payment Policies
Adaptive.net reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Adaptive.net in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
Adaptive.net reserves the right to cancel service at any time. All fees paid in advance of cancellation are considered payment for a non-refundable contract for the term of that payment and will NOT be pro-rated and paid by Adaptive.net if the account is cancelled. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All payments are considered payment in advance for a full-term contract that covers the payment period. No pro-rated refund will be given if service is cancelled prior to the end of the full-term contract.

Month to month billing contracts are available to minimize your financial commitment. For details, choose BILLING INFO from your customer control panel at http://www.Adaptive.net/login.php

Domain Registration
All domain name registrations are effective immediately and are non-refundable. This includes errors, typos, or other changes in domain name spelling.

Adaptive.net registers all new domain names in the name of the customer so that the customer retains full ownership rights to that domain name. Failure to pay domain registration fees or outstanding hosting fees revokes your right to ownership of the domain.

Adaptive.net registers all domains through ICANN-accredited registrars (including but not limited to bulkregister.com and/or registrars.com). Domains are registered through corporate accounts with these registrars; if you cancel hosting with Adaptive.net and wish to retain ownership of your domain name you must transfer the domain name to a consumer-oriented registrar. Adaptive.net will not manage domain names that are not utilizing hosting services with Adaptive.net.

Terms and length of domain registration are effective while hosting with Adaptive.net and are independent of actual of registration terms and length of contract with ICANN registrar. Adaptive.netreserves the right to manage actual registration terms and contract lengths independently with the ICANN registrar of our choice. All domains are renewed automatically, and billed accordingly, 30 days prior to expiration. Due to the nature of domain name registration and ICANN policies, payments for domains, renewals, or domain services are not refundable.


Lawful Purpose
Adaptive.net reserves the right to refuse service to anyone. Customers may only use Adaptive.net server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Adaptive.net management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Adaptive.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Adaptive.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Adaptive.net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Adaptive.net's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Adaptive.net's server.

Disclaimer
Adaptive.net will not be responsible for any damages your business may suffer. Adaptive.net makes no warranties of any kind, expressed or implied for services we provide. Adaptive.netdisclaims any warranty or merchantability or fitness for a particular purpose. Adaptive.net reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Adaptive.netmust adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.


Abuse of any of the above outlined acceptable use policies should be reported to legal@Adaptive.net.