Acceptable Use

Acceptable Use Policy

Last Modified: Saturday August 19 04:44:25 CST 2006

General Statement: Justice Hosting is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. Justice Hosting is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Justice Hosting does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, Justice Hosting follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to
service and not to be all encompassing.

Public Network: The primary purpose of the Justice Hosting public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Private Network: The primary purpose of the Justice Hosting private network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and Company delivered services. Proper use of the private network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and Company servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The private network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the private network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the private network are available through the sales team. Violation, misuse, or interference of the private network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Security Services: The primary purpose of the Justice Hosting standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All Justice Hosting services include network intrusion detection systems and denial of service mitigation. These services are free of charge and are intended to mitigate or remove security risks associated with their perspective technologies. Justice Hosting also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. Justice Hosting also supplies Microsoft update servers and Redhat update servers located on the private network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.

Server Content: Justice Hosting does not actively monitor dedicated server content for review. Justice Hosting believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed on Justice Hosting dedicated servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.

DNS Services: Justice Hosting supplies redundant domain names services for all customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by Justice Hosting with Customer specific domain name management through the online customer portal. In rare instances, where extreme intensive loads (dns lookups) utilize disproportionate resources of the redundant DNS systems, Justice Hosting will notify Customer of potential violation of the acceptable use policy. Customers requiring such DNS services will be instructed to perform dedicated DNS services on customer managed equipment. Violation of DNS services will result in methods of resolution under the acceptable use policy.

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by Justice Hosting and Affiliates. IP Addresses are non-transferable from Justice Hosting and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Justice Hosting engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of the acceptable use policy. Violation of the IP Address policy will result in methods of resolution under the acceptable use policy. All IP Addresses are currently registered to Justice Hosting Technologies Inc. via Arin.com assignments. Private IP assignments are available to qualified Customers.

IRC: Justice Hosting allows the use of private internet relay chat servers for communication among private parties. Justice Hosting absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.

Peer to Peer: Justice Hosting allows the use of internet peer to peer software for file sharing purposes. Justice Hosting highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.

Bit Torrent: Justice Hosting allows the use of bit torrent protocols on the public network. Justice Hosting highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy.

The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy.
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.
Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Justice Hosting network or unrelated third party networks.
Illegal Use: Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Child Pornography: Justice Hosting has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.
Threats & Harassment: The Justice Hosting network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Justice Hosting seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
Fraudulent Activities: Justice Hosting prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.
Denial of Service: Justice Hosting absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.
Terrorist Websites: Justice Hosting prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: Justice Hosting prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Justice Hosting analyzes the latest root kit for new security analysis software.
Phishing - Justice Hosting strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

Disclosure to Law Enforcement: Occasionally, Justice Hosting is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. Justice Hosting utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Justice Hosting will notify customer of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy: Justice Hosting accepts reports of alleged violations of the acceptable use policy via email sent to abuse@justice hosting.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Justice Hosting owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Justice Hosting will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Methods of Resolution for Violations under the Acceptable Use Policy: The ultimate goal of Justice Hosting is to balance the rights and interest of our customers in the highly evolving internet world. Justice Hosting understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Justice Hosting is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

• Step 1: First alleged violation of AUP: a ticket will be generated under the master

user account with information regarding the potential violation of the acceptable use policy.

This is often a fact finding email requiring further information or notifying Customer of

the potential violation and the required actions to resolve the issue.

• Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master

user account with information specific to the violation. This ticket will also include any

additional facts about the situation and will notify customer of the action required to resolve

the violation.

• Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation:

if a ticket has been disregarded, not properly addressed, or resolved by the customer for a

specified period of time, Justice Hosting engineers will turn the public network port to the

specified dedicated services off. Access to the dedicated services is achieved through

the secure private service network for Customer resolution. As soon as the violation is

addressed, the public access is restored and service continues as normal.

• Step 4: Failure to address violation and remove violation: if customer fails to

address the violation AND resolve the violation, a suspension of services will occur. This is

a last resort for Justice Hosting and requires a complete failure in the resolution process on

behalf of the Customer. A permanent suspension of services includes reclamation of

all dedicated services and data destroyed at the end of the current billing cycle.

• Disclaimer - Justice Hosting retains the right, at its sole discretion, to refuse new

service to any individual, group, or business. Justice Hosting also retains the right to

discontinue service with notice for repeated violation of the acceptable use policy

over time.

Justice Hosting provides services to clients all around the world. Justice Hosting has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

Justice Hosting will be the sole arbiter as to what constitutes a violation of these provisions.

General:
Services provided by Justice Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless Justice Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any Justice Hosting server EXCEPT those on the Justice Hosting network. Justice Hosting may permit adult/nude content deemed "art" or "educational", as determined on a case-by-case basis. Viewing/downloading of such information/data by Justice Hosting clientele is not governed by Justice Hosting policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the Justice Hosting equipment, network, operations, or clientele is STRICTLY prohibited. Justice Hosting will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Justice Hosting, is prohibited.
This includes, but is not limited to:

Denial of Service Attacks (DOS/DDOS)

Unnecessary Port Scans

Mail Bombing

Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Justice Hosting network, or spamvertising (unsolicited advertising of) sites hosted on the Justice Hosting network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Justice Hosting approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the Justice Hosting network to be blacklisted, Justice Hosting reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 100 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:
Justice Hosting may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The Justice Hosting Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Justice Hosting staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the Justice Hosting Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Justice Hosting reserves the right to remove any account, without prior notice. If Justice Hosting deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client may be required to pay a reactivation fee of $75.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Justice Hosting.

Unauthorized Usage:
In any case involving unauthorized parties utilizing a Justice Hosting service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Justice Hosting may opt to disable all services until the client can perform such an investigation. If the technical support of Justice Hosting is required for the investigation, the client agrees to compensate Justice Hosting at a rate of $65/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

Requesting kernel updates
Applying application patches

Additionally, Justice Hosting will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Certain clientele, such as those with Maximum Admin™ fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele. Further details of technical support provided can be found in the Justice Hosting Managed Services Definition and Backup Policy.

Resource Usage:
Justice Hosting will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Justice Hosting may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage: Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie...10MBPS UNMETERED) or specified/requested as a capped port. Justice Hosting reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Justice Hosting clientele, Justice Hosting reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: Justice Hosting reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered: Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.

Virtual Hosting: Justice Hosting is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites
Large graphic or download archives/galleries
Large chat room gatherings
Heavy system resource utilization

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Justice Hosting may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Justice Hosting may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Backup Service: To maintain the integrity of our service, Justice Hosting may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Idle Timeouts:
Justice Hosting may disconnect any idle connection to the network.
Average timeouts are:
FTP - 5 hours or more
WHM/cPanel - determined by cPanel
Telnet/SSH - never

Abusive Clientele:
Justice Hosting may at it's discretion suspend or terminate service of any client that is abusive/harassing to Justice Hosting and/or Justice Hosting employees. Examples of such activity include, but are not limited to;

Verbal abuse - cursing, yelling, threatening, etc...
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming Justice Hosting email addresses, ticket systems, or servers
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
Consistent late payments or responses
Issuing a chargeback or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other Justice Hosting clientele