Please read all the following terms carefully.
Acceptable Use Policy (AUP) Last update: April 2007
Unless otherwise specified, in this AUP,the usage of "us", "we", "our", and "ours" shall refer to PolurNET Communications, a company based in Canada, and all its parents, subsidiaries, successors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of PolurNET Communications.
Moreover, in this AUP, "PolurNET Communications" shall refer to CIAN Technologies Inc., doing business as PolurNET Communications, a federally incorporated Canadian company, based in Surrey, BC, and governed by the laws of British Columbia, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, "PolurNET Communications", "PolurNET", and "Polur.Net" shall have the same meaning and shall be interchangeable.
1. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about PolurNET Communications and its products and services as well as the ability to access
our network and services (“PolurNET Communications Services”). By using this site, and any other sites or services owned, operated, or provided by PolurNET Communications, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the PolurNET Communications Customer of record and that PolurNET Communications Customer’s end users.
- 1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of PolurNET Communications (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of PolurNET Communications Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by PolurNET Communications. PolurNET Communications reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change.
- 1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and PolurNET Communications Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and PolurNET Communications reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to http://www.polurnet.com/company/aup or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
- 1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as PolurNET Communications deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- 1.6. Any questions or comments regarding the AUP should be directed to PolurNET Communications by e-mail to firstname.lastname@example.org, for issues concerning the AUP.
2. General Prohibitions.
- 2.1. You may not use this site or PolurNET Communications Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the PolurNET Communications Network, or PolurNET Communications Services, or any other party’s use or enjoyment of this site, the PolurNET Communications Network, or PolurNET Communications Services.
- 2.2. PolurNET Communications prohibits the use of its services for adult-oriented and pornography sites. This includes sites that may display sexual content, or links to adult content hosted elsewhere. You may not use PolurNET Communications services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where PolurNET Communications services are offered, or where they can be viewed through PolurNET Communications services: Online pornography or adult content for which a viewer must subscribe to access it, Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and Obscene materials, as defined by law. If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
- 2.3. You may not use our shared or reseller hosting services to send out newsletters, bulk email, mailing lists or other types of high volume email communication. Such use would require more server resources than our services are designed for. A third-party email service provider or a VPS/dedicated server is required for such use. Our servers are only designed for normal, day-to-day communication only.
3. Compliance with Law.
Customer shall not use PolurNET Communications Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in PolurNET Communications sole discretion:
- 3.1. violates, attempts to violate, or helps any third party to violate any local, state, provincial, federal, international, or non-United States law, ordinance, or regulation,
- 3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
- 3.3. threatens or encourages bodily harm or destruction of property,
- 3.4. harms any person,
- 3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
- 3.6. is posted in violation of a newsgroup charter,
- 3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
- 3.8. violates any terms or conditions of any other network access provider or Internet service provider,
- 3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
- 3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
- 3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
- 3.12. has a negative effect on PolurNET Communications or its network (including, without limitation, overloading servers on the PolurNET Communications Network; causing portions of the PolurNET Communications Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of PolurNET Communications, impose an unreasonable administrative burden on PolurNET Communications; etc.), or
- 3.13. violates any laws and general prohibition on terrorist content and activities.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from PolurNET Communications. PolurNET Communications investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. 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 the security of another PolurNET Communications account or attempt to gain unauthorized access to another network or server.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which PolurNET Communications may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against PolurNET Communications by offended users. PolurNET Communications reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
PolurNET Communications will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over PolurNET Communications network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
7. No-Spam Policy (NSP).
Customer shall comply with all the terms and conditions of PolurNET Communications No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with PolurNET Communications.
To report any spam you receive that identifies itself as coming from the polurnet.com servers or claims to be related to PolurNET Communications in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
- 7.1. Definition of Spam: Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:
- • a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- • posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
- • posted on an online bulletin board system or Web-based message board system or “guest book”,
- • posted to a Usenet newsgroup,
- • posted to the common area of an online community, group, or club,
- • posted in a chat room,
- • posted in a message board of a commercial online service (such as America Online),
- • posted to a Weblog (“blog”),
- • sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
- • sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
- • a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
- • a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
- • a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
- • a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
- • a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
- • For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.
- 7.2 “Opt-in” E-mail Lists. Please note messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
- • the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
- • the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
- • upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
- If you choose to use an “opt-in” e-mail list, please be aware that PolurNET Communications will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
- Furthermore, PolurNET Communications reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
- 7.3. PolurNET Communications will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of PolurNET Communications services whether or not the message actually originated from our network.
- 7.4. Violation of this NO-SPAM policy will result in PolurNET Communications taking one or more of the following actions:
- • A warning via e-mail or telephone,
- •Suspension of your site until furthur notice,
- •Removal of DNS for the advertised/originating site, or
- •Temporarily blocking outgoing mail from your site.
- •Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
- 7.5. PolurNET Communications reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the PolurNET Communications Network.
- 7.6. PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the US CAN-SPAM Act of 2003 and Canada's Anti-Spam Law (S.C. 2010, c. 23).
- 7.7. Indemnity. You agree to defend, hold harmless, and indemnify PolurNET Communications from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
- 7.8. Mail Usage Resource Limits.
You agree not exceed the following mail usage limits for shared, reseller and Windows accounts:
Per Hour Maximum: 100-150 email messages
Per Day Maximum: 200-250 email messages
In accordance with Section 2.3 of this Agreement, please note that mailing lists, bulk email, newsletters, or other forms of high volume email communication are all prohibited. Our servers are designed for normal, day-to-day email communication only. Any mail usage exceeding the above limits or approaching limits are subject to policy enforcement by our Abuse Department. If using scripts (e.g. contact forms), these MUST be setup to throttle amount of emails sent in a defined period, and MUST be significantly below the above limits. The nature of all emails sent must also comply with all guidelines and requirements outlined on our policies. Your account may be suspended, or terminated, at our discretion without prior notice if any of these policies are violated. These limits are in place to allow for fair usage for all our customers on our shared servers, therefore it is in your best interests as a customer to rigourously adhere to these policies. If you require higher email usage we strongly recommend looking into one of our VPS or dedicated server plans, or using a third-party mailing list/newsletter service to dispatch larger amounts of emails. Contact our sales department for more information regarding options
This policy is subject to change without notice and may be adjusted at any time or under any circumstances at our discretion, to ensure continued reliability and performance of all our services.
8. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any PolurNET Communications service is not edited, censored, or otherwise controlled by PolurNET Communications. However, PolurNET Communications reserves the right to monitor content on this site and on any PolurNET Communications servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if PolurNET Communications, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
9. Export Control Laws.
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at http://www.bxa.doc.gov/Encryption/
10. International Use.
PolurNET Communications makes no representation that materials available on this site or any or through any PolurNET Communications service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by PolurNET Communications from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless PolurNET Communications, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
11. Intellectual Property Rights.
- 11.1. All PolurNET Communications Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of PolurNET Communications. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with PolurNET Communications or by law, and PolurNET Communications shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
- 11.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any PolurNET Communications service. Nothing on any PolurNET Communications Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to PolurNET Communications by virtue of it being displayed or made accessible on any PolurNET Communications Web site. Except as expressly authorized, you agree not to use this site or any PolurNET Communications Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any PolurNET Communications Services.
- 11.3. If you use a domain name or content in connection with the PolurNET Communications Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
- 11.4 PolurNET Communications data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
- 11.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. PolurNET Communications will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
- 11.6. Please contact firstname.lastname@example.org for disclosing any alleged copyright infringement.
12. Customer’s Grant of Limited License to PolurNET Communications; Warranties on Content.
By posting or submitting content to any PolurNET Communications Web site or server, you:
- 12.1. Grant PolurNET Communications a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with PolurNET Communications;
- 12.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by PolurNET Communications does not and will not infringe or violate the rights of any third party; and
- 12.4. Agree to defend, hold harmless, and indemnify PolurNET Communications for any claims of any third party resulting from the public posting or use of your content.
13. IP Allocation.
PolurNET Communications administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by PolurNET Communications staff or network administrators.
14. Restrictions on Use of PolurNET Communications Services.
- 14.1 You may not operate Internet Relay Chat (“IRC”) servers using PolurNET Communications services.
- 14.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
- 14.3. You must not use any programs that may or will interfere with another’s use of this site or any PolurNET Communications Services.
- 14.4. You may not run any background processes on the PolurNET Communications servers, networks, or systems without prior written authorization from PolurNET Communications.
- 14.5. You may not use any PolurNET Communications services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
- 14.6. PolurNET Communications reserves the right to add further restrictions to Customers’use of the PolurNET Communications Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
15. Suspension and Cancellation.
16. Notices Regarding Violations of AUP and Intellectual Property Rights.
- 16.1. The PolurNET Communications Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by PolurNET Communications Customers. PolurNET Communications takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
- 16.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to email@example.com. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. PolurNET Communications will reasonably investigate incidents involving such alleged violations. PolurNET Communications may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
- 16.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a PolurNET Communications subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact our Abuse & Policy Department at firstname.lastname@example.org
17. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
Shared/reseller customers may not use more than 2% CPU daily, 2% memory daily, run more than 4 simultaneous processes per user, allow any process to run for longer than 15 CPU seconds, run any process that consumes more than 5% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 20 max user connections with a max query time of 5 seconds. Cron jobs must not execute more than once every hour and will be niced to 15 or greater.
System resource limits are intended for runaway scripts, processes requiring large CPU and memory requirements from slowing down the server and causing a drop in performance. PolurNET Communications reserves the right to make adjustments to these limits at our sole discretion. If PolurNET Communications takes corrrective action, including suspension, cancelation or termination, the Customer shall not be entitled to a refund of any fees paid in advance.
18. Respect of Company, Organization, Staff, Employees and Other Customers.
PolurNET Communications strives to ensure the sustainability of our infrastructure and provide services as reliably as possible. Under no circumstances will PolurNET Communications allow for abuse, extortion or threats directed at our company, organization, employees, staff or customers. We will enforce our zero-tolerance policy on disruptive and negative behaviour, which may include libel, slander, bashing, written and verbal insults or threats, actions of legal nature, psychological or physical abuse.
Furthermore, all forms of communication with our staff, customers or third-parties may NOT be shared nor transmitted under any abrogating circumstances on websites, blogs, reviews, discussion forums, by phone, in person or otherwise unless prior written consent was given by our administration. A violation of this clause will result in any action deemed necessary at our sole discretion, including suspension, termination, cancelation, legal action or other means necessary to enforce the confidentiality policy.
All monetary amounts to which this Agreement refers shall be in United States dollars, unless otherwise noted.