acceptable use policy
Rev Date: 03/14/2010
As a provider of web site hosting and other Internet-related services, Agent Black offers its customers (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Agent Black respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Agent Black reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Agent Black has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Agent Black's services. This AUP can and will be revised from time to time without notice.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Agent Black cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Agent Black cannot monitor or censor the Internet, and will not attempt to do so, Agent Black cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Agent Black does not review, edit, censor or take responsibility for any information its subscribers may create. 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 Agent Black's network and may reach a large number of people, including both subscribers and non-subscribers of Agent Black, subscribers' postings to the Internet may affect other subscribers and may affect Agent Black's goodwill, business, reputation or operations. For these reasons, subscribers violate Agent Black policy and the Service Agreement 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 Agent Black, but also because it can overload Agent Black's network and disrupt service to Agent Black's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Agent Black will investigate and shutdown the account that is SPAMing. A $3500 (Thirty-Five Hundred Dollars) charge for violating this policy will be charged to the person initiating the SPAM.
Furthermore Agent Black reserves the right to prosecute for this violation. A $20.00 or maximum as allowed by law, charge will be assessed PER EMAIL sent should Agent Black choose to pursue and prosecute. Agent Black supports the United States Federal CAN-SPAM law, and we will cooperate fully with authorities with regards to shutting down spam operations.
If you're looking to spam, please find another host. Agent Black is committed in reducing the amount of spam on the World Wide Web, and in doing so, we choose NOT to host spammers, their sites, or anything related to spamming.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Agent Black does not allow any streaming of audio or video content on shared hosting accounts. Offending accounts will be suspended without notice and/or terminated. If you wish to stream video or audio, you will be required to obtain a Virtual Private Server (VPS) or higher hosting solution. Accounts found in violation of this, will be charged up to three (3) times the amount of their hosting account. Example: if you have a $10.00 a month hosting account, you could be charged up to $30.00 as a penalty for violation of this term, for each violation.
Adult-Oriented Content (porn):
Agent Black does not allow adult content (porn) and will suspend/terminate any offending account. Refunds will not be given for violations of this term.
Large File Policy:
Agent Black is not for file hosting and distribution - as such, customers may not host any files larger than 1024MB (1GB) in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail aup (at) @ agentblackhosting .(dot) com.
Obscene Speech or Materials:
Using Agent Black's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Agent Black 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. Users who advertise, transmit, store, post, display, or otherwise make available child pornography will be assessed a penalty not less than $1,000 and up to maximum allowed by law. Failure to pay will result in legal action brought against offending user. User’s personal information including but not limited to name, address, email address, and telephone number, will also be transmitted to the nearest law enforcement agency for further investigation.
Defamatory or Abusive Language:
Using Agent Black's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Violation of this term can result in automatic deletion of customers account, and a $3500 (Thirty-Five Hundred Dollars) charge for violating this policy will be charged to the person initiating the SPAM.
Agent Black has a ZERO tolerance policy for spam or spammers. Please see our Spam policy listed above.
Illegal/Unauthorized Access to Other Computers/ 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") is strictly prohibited.
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) is strictly prohibited. If Agent Black becomes aware of these attempts, user accounts will be terminated with no refunds, and the user account information will be passed to local law enforcement authorities.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks is also strictly prohibited. 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.
Furthermore Agent Black reserves the right to prosecute for this violation. A $3,500.00 penalty will be assessed PER virus, worm, trojan, pinging, flooding, mail bombing, or denial of service attack sent should Agent Black choose to pursue and prosecute.
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 pinging, flooding, mail bombing, denial of service attacks and piracy of software is prohibited.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.
Usenet Groups:
Agent Black reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
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 is prohibited. A $5000 (Thirty-Five Hundred Dollars) charge for violating this policy will be charged to the person initiating these activities.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Agent Black determines to be harmful to its subscribers, operations, and reputation, goodwill or customer relations is prohibited.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Agent Black will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Agent Black's policy or applicable law.
However, when Agent Black becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Agent Black.
Agent Black is also aware that many of its subscribers are themselves providers of Internet services and that information reaching Agent Black's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Agent Black does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers; however it is the provider’s responsibility to ensure all clients comply with Agent Black's policies. Agent Black reserves the right to directly take action against a customer of its subscribers. However, Agent Black requires that subscriber's customers agree to Agent Black's Terms Of Service, Acceptable Use Policy, and Privacy Policy.
Also, Agent Black may take action against an Agent Black subscriber because of activities of a customer of that subscriber, even though the action may affect other customers of the subscriber. Similarly, Agent Black anticipates that subscribers who offer Internet services will cooperate with Agent Black in any corrective or preventive action that Agent Black deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Agent Black policy.
Agent Black will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Agent Black may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Agent Black 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. Agent Black assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Customer agrees to hold harmless Agent Black from any damages pertaining to such release of subscriber information.
Agent Black may disclose subscriber information or information transmitted over its network where necessary to protect Agent Black and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Agent Black will never sell information to other services or outside companies.
Agent Black expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Agent Black’s policy.
Finally, Agent Black wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Agent Black for any violation of the Service Agreement, law or Agent Black policy resulting in loss to Agent Black or the bringing of any claim against Agent Black by any third party. This means that, if Agent Black 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 Agent Black, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Agent Black and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to aup (at) agentblackhosting (d0t). com.
Privacy Policy
Rev. Date: 09/08/2009
Agent Black has created this privacy statement in order to demonstrate our firm commitment to your privacy. The following discloses the information gathering and dissemination practices for Agent Black's web sites.
INFORMATION AUTOMATICALLY LOGGED
We use your IP Address to help diagnose problems with our servers, administer our web site, fraud checks, and /or compliance with our TOS / AUP.
ORDER FORMS
Our site uses an order form for customers to request services. We collect sensitive information which is used only for our purpose. We do share VERY limited information with third parties in order to provide the services we do. This information is not sold to anyone under any circumstances. Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
SECURITY, THIRD PARTIES AND CONTACTING THE WEBSITE
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption and ensure your privacy.
Information collected on our site may be shared with third parties in order to provide services to you the client. ONLY THE MINIMUM INFORMATION NEEDED TO PROVIDE SERVICES TO YOU WILL BE SHARED WITH THIRD PARTIES.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you may contact our Privacy Department Team at privacy (at@) agentblackhosting (d0t . ) com
DMCA COMPLAINTS
Rev Date: 09/20/2009
Agent Black believes that copyright holders have the sole right to defend their works and creations. With that being said, if Agent Black receives a valid DMCA complaint, Agent Black will investigate the matter thoroughly. If the DMCA complaint is found to be valid, the offending content will be removed from the servers. An email, postal letter, or telephone call will be placed to offending subscriber to inform them of the violation.
If customer is found to have violated the DMCA a second time, Agent Black reserves the right to charge subscriber up to $3,000.00 (Three Thousand Dollars) for a second violation.
If a customer is found to have violated the DMCA a third time, Agent Black will terminate all services, delete all subscribers’ data, and charge the subscriber up to $5,000.00 (Five Thousand Dollars). Failure to pay such charges will result in legal action being taken against offending subscriber.
Notice to Copyright Holders:
In order for your DMCA complaint to be valid, you must complete each of the following steps:
1. List the exact location of the offending content. Example: www.example.com could be a perfectly legal, however www.example.com/badfile.mp3 could be the offending file. Agent Black will not remove non-offending files.
2. The original or an Adobe PDF copy of the complaint must be forwarded to Agent Black including the list of offending content. Copyright holders may use dmca (at) agentblackhosting .com to forward their complaints. The complaint must list the offending web site including the EXACT file or files that are in violation. Incomplete or unfounded complaints will be returned and noted as not complete, or unfounded. If the exact file is not listed, the DMCA will be returned for review. We will NOT delete non-offending content.
Please note that once the valid paperwork has been received, Agent Black will work as quickly as possible to review the complaint. This process could take up to 21 business days.
If the subscriber has been found in violation of the DMCA, Agent Black will delete the offending file or files within 3 business days.
Agent Black will in turn reply to said complaint with the action taken by Agent Black. Agent Black will not release subscriber information without court order from a court of competent jurisdiction. Agent Black will only release the minimum amount of information needed to comply with such said court order. Under NO CIRCUMSTANCE are Agent Black's user records available for review except by a court of competent jurisdiction.