AUP
Ultraspeed is dedicated to providing an all around excellent service for all our customers. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our clients whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Ultraspeed will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or de-activation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and, if proven valid, will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@ultraspeed.co.uk.
Illegal Usage
Ultraspeed servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, hacking programs or archives, "warez" sites, MP3, and IRC bots. The subscriber to an Ultraspeed service agrees to indemnify and hold harmless Ultraspeed from any claims resulting from the use of the service that damages the subscriber or any other party. Ultraspeed will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to Ultraspeed’s servers or any other server on the Internet. Links to such materials are also prohibited.
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: Unauthorised access, use, probe, or scan of a system’s 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 is prohibited.
Chat Rooms/Internet Relay Chat
Ultraspeed does not allow clients to install their own chat rooms. Chat rooms tend to consume large amounts of system resources and we cannot permit it as an account option. IRC has also proven to be a large attraction for DOS (Denial of Service) attacks. For this reason all traffic destined for IRC uses is prevented from entering or exiting the Ultraspeed network.
Backups
Ultraspeed is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Clients are advised to ensure their data is backed up on a regular basis or to enlist one of Ultraspeed’s backup services.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their server(s) or site(s) that may be put on by a third party. Use of Ultraspeed’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered:
- Web Publishing: requires knowledge of HTML, properly locating and linking documents, use of FTP, Graphics, text, sound, image mapping, etc.
- FrontPage web publishing: knowledge of the FrontPage tools. CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, shell scripts, permissions, etc.
- Electronic Mail: a use of mail clients to receive and send mail, etc. The client agrees that they have the necessary knowledge to create and maintain their web space.
- Client agrees that it is not the responsibility of Ultraspeed to provide this knowledge or support outside matter specific to Ultraspeed servers.
Inappropriate Email Activities
- Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your Ultraspeed account or e-mail alias/account of your server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on Ultraspeed servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your Ultraspeed account and redirectors for the same account.
- Spamming: Defined as the sending of mass unsolicited email. Sending spam from or through an Ultraspeed server or using an email address that is maintained on an Ultraspeed machine is STRICTLY prohibited. Ultraspeed will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through an Ultraspeed server as a mail drop for responses, you are in violation. Violators will be immediately suspended, and may be removed entirely at Ultraspeed’s discretion.
- Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your Ultraspeed account. This is strictly prohibited.
- Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is never allowed.
Server Abuse
Any attempts to undermine or cause harm to an Ultraspeed server or client of Ultraspeed is strictly prohibited. Any sub-networks of Ultraspeed and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.
Actions Taken by Ultraspeed
The failure by a client to meet or follow any of the above policies/terms is grounds for account deactivation. Ultraspeed will be the sole arbiter as to what constitutes a violation of the AUP. Ultraspeed reserves the right to remove any account without prior notice. When Ultraspeed becomes aware of an alleged violation of its AUP, Ultraspeed will initiate an investigation. During the investigation, Ultraspeed may restrict a client’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Ultraspeed may, at its sole discretion, restrict, suspend, or terminate a client’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Ultraspeed will notify the appropriate law enforcement authorities of such violation. Ultraspeed does not issue credits for outages incurred through service disablement resulting from AUP violations.
Ultraspeed clients agree to indemnify and hold harmless Ultraspeed from any claims resulting from the use of our services that damages them or any other party. The Ultraspeed service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Ultraspeed expressly disclaims any representation or warranty that the Ultraspeed service will be error-free, secure or uninterrupted. No oral advice or written information given by Ultraspeed, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Ultraspeed and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modifications
Ultraspeed reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Resellers
In addition to the general terms and conditions outlined above, the following provisions apply to those clients provide web hosting/virtual accounts on their servers.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Ultraspeed shall be the sole arbiter of what is considered to be a high server usage level.
CGI Scripts
CGI script sharing with domains not hosted by Ultraspeed is not allowed. Any CGI scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Background Programs and Cron Jobs
Ultraspeed does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
Media Files/Software Distribution
Multimedia files are defined as any graphics, audio, and video files. Virtual Hosting accounts are not to be used for the purposes of distributing and storing an unusual amount of multimedia files or software. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of server resources.
