ARPHost LLC and its affiliated company’s (“ARPHost”) Network and Services must be used in a manner that is consistent with this policy. Any User that ARPHost determines, in its sole discretion, to have violated any element of this Policy may have their Services temporarily suspended or permanently terminated. ARPHost will use reasonable endeavours to notify users of any intended enforcement of this policy; however, it reserves the right to take action where it deems necessary in its absolute discretion including up to suspension or permanent termination of Services without further notification to customers or users in the event of a serious breach of this policy, unlawful activity or where it is reasonably required in order to protect the commercial interests of ARPHost. ARPHost shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from ARPHost’s exercise of its rights under these policies.
Charges
ARPHost has the right to charge customers and/or recover costs associated with customer’s or its users breach of this policy. This includes charging its technician’s time at a standard rate of $250 an hour for each hour (or part thereof) spent investigating, mitigating the impact of any actions that are contrary to this policy, or otherwise enforcing the terms of this policy, including efforts to have any Spamhaus or similar listings removed.
Offensive Behaviour & Content
Customers and users shall not be offensive, aggressive or use offensive or derogatory language towards ARPHost representatives, whether verbally, in writing or otherwise.
ARPHost’s services shall not be used to host, store, transmit or publish content, materials or works that contain or relate to under-age pornography, non-consensual or other illegal sex acts, extreme violence or that incites violence or hate, that violates a persons privacy or is malicious or harassing in nature.
Prohibited Use
Customers and users shall not use the Services or any related system or network in a manner, or in order to host, store, transmit, distribute or publish content, materials or works, that:
are in violation of any applicable law or regulation, including in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, infringes the privacy or other personal rights of others, or that is defamatory or libellous;
violate any applicable third party authorities codes of practice, required licences or similar registrations or standards including gambling codes and laws, domain registrar, email service or similar service;
are fraudulent or contain fraudulent offers for goods or services or promotional materials that contain false, deceptive or misleading statements, claims or representations intended to mislead;
contain a virus, worm, Trojan horse, or other harmful component, or that knowingly or recklessly introduce malicious software and/or activities into the Services or others systems including in anyway proliferating, contributing to, or as the target or object of a denial of service attack; without authorisation, access or interfere with an online account, computer or system, or deceitfully or covertly gather data;
withhold subscriber information or use the Services under an alias or false name, or use unauthorised credit card information in connection with the Services;
send, enable or distribute software that enables unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“Spam”), or that send e-mail that is malicious or has forged TCP/IP packet header information, or use an e-mail box exclusively as a storage space for data; and
vii. generally, in a manner that may expose ARPHost to an adverse action or retaliation or any of its personnel to criminal or civil liability.
send, enable or distribute software that enables unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“Spam”), or that send e-mail that is malicious or has forged TCP/IP packet header information, or use an e-mail box exclusively as a storage space for data; and
generally, in a manner that may expose ARPHost to an adverse action or retaliation or any of its personnel to criminal or civil liability.
Responsibility for Content
ARPHost takes no responsibility for any material created or accessible on or through ARPHost’s Networks and Services that is not posted by or at the request of ARPHost. ARPHost does not monitor nor exercise any editorial control over such material but reserves the right to do so to the extent permitted or required by applicable law.
System and Network Security
Users are prohibited from violating or attempting to violate the security of ARPHost’s Network and Services, including, without limitation:
accessing data not intended for such User or logging into a server or account which such User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”;
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
taking any action in order to obtain services to which such User is not entitled.
Violations of system or network security may result in civil or criminal liability. ARPHost will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Customers and users who are involved in such violations.
Changes to this Policy
ARPHost may update this Policy from time to time by publishing a revised version on its website. In the event of a change that has a material adverse impact on a Customer, ARPHost will provide 30 days prior written notice, and shall have effect from the earlier of expiry of the Customers then current term or upon execution of a Service Order.
Cooperation with Law Enforcement and Proceedings
Customer and users acknowledge and agree that ARPHost will cooperate with law enforcement to inspect traffic, content or subscriber data where it is legally required to, whether by law or compelled by an appropriate court. ARPHost may report any content or actions it believes are in breach of applicable laws and cooperate with law enforcement in investigating any such instances.
Notice procedure
Violations of this Policy should be reported by opening a ticket at https://arphost.com/submitticket.php?step=2&deptid=2 including details of the offending domain, the IP address and type of abuse in the subject field.
Copyright infringement claims under the Digital Millenium Copyright Act (“DMCA”) or equivalent legislation should be reported by opening a ticket at https://arphost.com/submitticket.php?step=2&deptid=2 or ARPHost c/o Designated Copyright Agent, 653 Willimax Ln Durango, Co 81303.
For such notices to be valid, they must include the following information:
Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit ARPHost to locate the material;
Information reasonably sufficient to permit ARPHost to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
for DMCA notices, a statement that, under penalty of perjury, the information in the notification is accurate.
Counter-notifications should follow the further requirements stated under the DMCA. ARPHost recommends you consult a lawyer before submitting a notice of copyright infringement; under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
