March 11, 2009                                                                                                             http://www.EpicShells.com/aup/

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.