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EpicShells.com - Acceptable Use
Policy (AUP)
Use of EpicShells.com Service constitutes acceptance and agreement to EpicShells.com’s AUP as
well as EpicShells.com's TOS (Terms of Service) EpicShells.com reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS (Terms
of Service). All users of EpicShells.com’s Internet services, and their clients, must
comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To EpicShells.com Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or
accessible over or through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. EpicShells.com may cooperate with legal
authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your EpicShells.com account or other
actions as detailed below without notice, based upon the nature of the
violation.
This document is intended to provide a basic understand of EpicShells.com's Acceptable
Use Policy. The following are guidelines for the establishment and
enforcement of EpicShells.com's AUP. If a EpicShells.com account violates this Acceptable Use
Policy or our TOS, we reserve the right to terminate your service without
notice. We prefer to advise customers of inappropriate behavior and any
necessary corrective action, however based on the nature of the violation,
could result in immediate termination of service.
The following constitute violations of this AUP:
· Illegal Activities: EpicShells.com's services may not be used for illegal purposes,
or in support of illegal activities. EpicShells.com reserves the right to cooperate
with legal authorities and/or injured third parties in the investigation of
any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people: You may not use EpicShells.com’s service to
harm, or attempt to harm, minors in any way, including, but not limited to
child pornography, or use EpicShells.com’s service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
· Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying infrmation is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
· Unsolicited E-mail, News Bombing (SPAM) Use of the EpicShells.com service to
transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Spam complaints will be sent to the e-mail address on file.
Violations of this type will result in the immediate suspension of the
offending website on the EpicShells.com server. Failure to respond to complaints
within a 24 hour timeframe will result in the EpicShells.com abuse staff suspending
the offending website or shared hosting account by whatever means necessary.
Should the account become re-activated without the express written consent of
EpicShells.com's Abuse Department, the offending website or shared hosting account
will be immediately terminated, and may result in suspension / termination of
the server should the site and/or client re-appear on the server. Anyone
hosting websites or services on their server that support spammers or cause
any of our IP space to be listed in any of the various Spam Databases will
have their server immediately removed from our network. The server will not
be reconnected until such time that you agree to remove any and all traces of
the offending material immediately upon reconnection and agree to allow us
access to the server to confirm that all material has been completely
removed. Severe violations may result in immediate and permanent removal of
the server from our network without notice to the customer. Any server guilty
of a second violation will be immediately and permanently removed from our
network without notice. Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of
the offending EpicShells.com account.
· Copyright or trademark infringement: Use of the EpicShells.com service to transmit
any material (by e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software. Use of the EpicShells.com service to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent. Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
· Network disruptions: Use of the EpicShells.com service for any activity which
affects the ability of other people or systems to use EpicShells.com Services or the
Internet. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption of
other network users, services or equipment is prohibited. EpicShells.com will not
tolerate any subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion results in
corruption or loss of data.
Use of the EpicShells.com service to
access, or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of EpicShells.com's or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending EpicShells.com
account is subject to immediate termination.
· Security: You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized access
to another network or server.
· Security Risk: Should any box become a security risk to our network,
including, but not limited to: presumed compromised servers, outbound verified
attacks, inbound recipient of an attack, spamming, illegal content, etc.
EpicShells.com will attempt to contact the server owner, giving 24 hours notice, after
which time, we will attempt to gain entry to the server with passwords on
file. Should the passwords not be accessible to EpicShells.com staff, EpicShells.com reserves
the right to attempt to gain entry to the server. In extreme circumstances
involving flagrant illegal acts or activities, upon email, and phone contact
if no response is given within 1 hour, EpicShells.com reserves the right to attempt to
gain immediate entry to the server for security purposes only. Clients
refusing to provide access under such circumstances, are subject to a fine of
$150.00.
· Network Security: EpicShells.com accounts operate on shared network resources. Excessive
use or abuse of these resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in
termination of your account.
· Processes: EpicShells.com's services may not be used to host unauthorized processes such as IRCD process ("IRC Servers") unless explicitly allowed based on the client's plan, which is restriced to run on only the provided address (only one IP), file sharing services ("XDCC") such as IRoffer and various fileservers. Items that are strictly prohibited and will result in immediate termination are as follows: exploits, scanning utilities (port scanning), vulnerability scanners, webcrawlers, penetration testing utilities such as: Nikto, Nessus, Metasploit Framework ,etc.
All processes running longer than five minutes requires explicit approval of ENVYE unless it is indicated an acceptable process based on your package. The standard utilities are OK to violate the five minute time: psybnc, ezbnc, bnc, eggdrop, energymech, slackbot, bitchx, epic, irssi, lynx, crontab, php, perl, gcc, tcl. The first nine (9) of these processes (psybnc, ezbnc, bnc, eggdrop, energymech, slackbot, bitchx, epic, irssi) constitute a "background process" and are limited based on the client's plan.
Each process may have up to 3 consecutive connections (LISTEN or ESTABLISHED TCP STATES!). For example: a psyBNC process may have 3 active connections including one for the user authenticated to the bouncer, one for the bouncer's connection port (LISTEN) and one other connection going out to an IRC server. Idle connections, such as an ununsed SFTP session, will also be considered as ACTIVE and may lead to account suspension if left unattended.
Any activity not mentioned above that is deemed as Denial of Service by EpicShells.com's administrators WILL result in immediate account suspension and prosecution to the full extent of the law. The duration of said suspension is at the discretion of the EpicShells.com server administrators. There are absolutely no refunds of offending accounts!
REPORTING VIOLATIONS OF EpicShells.com AUP
EpicShells.com requests that anyone who believes that there is a violation of this AUP
direct the information to the Abuse Department at abuse@envye.ca
if possible, please provide the IP address used to commit the violation, date
and time of the violation, and evidence of the violation.
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