Acceptable Use Policy – Umbee Hosting

Policies Regarding Acceptable Use

Umbee Limited’s acceptable use policies (“Policies”) set forth below define acceptable practices while using any of Umbee Limited’s services that provide access to the Umbee network (the “Service”). By using the service, you acknowledge that you and users that have gained access to the Service through your account (collectively “Users”), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to indemnify, defend, and hold Umbee Limited, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Umbee Ltd’s defence of any claim.
Umbee Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Umbee Limited. You agree immediately to notify Umbee Limited of any unauthorised use of your account or any other breach of security known to you.

General

These Policies are designed to assist in protecting the Service, our Users, and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community. For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Rights of Umbee Limited

If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User’s access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the Umbee network is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies.

Unauthorised Access/Interference

A User may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorisation. A User may not attempt to gain unauthorised access to the user accounts or passwords of other users.

UCE/Spamming/Mailbombing

A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient, constitutes Unsolicited Commercial E-mail “UCE” and is prohibited. In addition, “spamming” or “mailbombing” is also prohibited. Use of the Service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the Umbee network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spoofing/Fraud/Phishing

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User’s identity in connection with use of the Service is prohibited.

E-Mail Relay

Any use of another party’s electronic mail server to relay e-mail without express permission from such other party is prohibited.

USENET Postings

All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.

Illegal Activity

Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Child Pornography

Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography is strictly prohibited. Umbee Limited has a zero tolerance policy for child pornography, and accounts reported to us as potentially containing child pornography will be immediately disabled and reported to the relevant law enforcement agencies. We are required by law to notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our network.

Other Prohibited Activities

The following activities are also prohibited:

  • Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
  • Intentionally transmitting files containing a computer virus or corrupted data.

Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User’s access to and use of the Service.

Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our On-line Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.” Privacy Policy

Modifications

We reserve the right to modify these Policies from time-to-time in our sole discretion. We will notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.

Security/Vulnerability Scans

Umbee understand that to meet certain industry requirements that require customers to conduct security scans of the customer account, web sites or equipment. All such scans must be coordinated in advance with Umbee Limited, beforehand. Requirements for conducting any scan on Umbee’s network can be obtained from [email protected] Failure to coordinate and meet all of our requirements, prior to the scan, is a violation of our security policies.

Excessive Usage

If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at [email protected] We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation of these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.