Ewart Technologies, Inc. does have some
restrictions on how its service may be used. This document
outlines how the service may be used.
Our acceptable use policy has been formulated with the
following goals in mind:
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To maintain the highest quality of service
for all of our customers.
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To protect our customers and ourselves
from liability.
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To maintain the image and reputation of
our customers and ourselves.
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To encourage the responsible use of
Internet resources and to discourage practices which degrade the usefulness
of Internet resources.
The acceptable use policy (AUP) defines
behavior with which Ewart Technologies, Inc. expects its customers to strictly
comply while using our services.
We reserve the right to change this policy at
any time, without notice.
As such, we expect our customers to review this policy from
time to time in order to maintain compliance.
To report violations of this AUP, please email
abuse@ewarttechnologies.com, or call us at (305)
607-8687, and ask for the abuse department.
1. Security
Circumventing security measures or interference with the
services of another user, host, or network is explicitly
prohibited.
This includes, but is not limited to, denial of service
attacks, password cracking, use of security exploits, or using resources not
allocated to you.
Customers will be held liable for any activity on, against,
or otherwise related to their web site, even if the
customer did not initiate that activity.
2. High-risk services
High-risk services, which are services which tend to attract
denial of service attacks, are strictly prohibited. This
includes, but is not limited to, IRC related services and selling of shell
accounts.
3. Mandatory Security Updates
Ewart Technologies, Inc. reserves the right to issue
"Mandatory Security Updates". These are updates that the customer must apply as
quickly as possible.
If the customer does not apply them within a reasonable
amount of time, to be determined by Ewart Technologies,
Inc., then Ewart Technologies, Inc. will apply them for
the customer at our standard hourly rate.
We only issue "Mandatory Security Updates" when we find that
an exploit is being so widely used, that it represents a
threat to our servers, our network or the Internet in
general.
4. Network Policies
IP allocation is governed by ARIN policy. Particularly, ARIN
policy states that the use of IP addresses for IP based virtual hosts will not
be accepted as justification for the allocation of new IP addresses. This means
that you MUST use name based hosting where possible. We will periodically review
IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will
revoke authorization to use the IP addresses in violation.
5. Contact Information
Customers are responsible for maintaining their contact
information with us such that the email address is always
reachable even in the event of their hosting service being shut down.
6. Unsolicited Bulk Email, and Messaging -- SPAM
Ewart Technologies, Inc. strongly believes that UCE/UBE
degrades the usability of Internet mail services
everywhere, and thus any spam or spam support services are
expressly prohibited from using our network.
This includes supporting the beneficiaries of spam in any
shape or form, including, but not limited to, hosting DNS,
web sites, or email addresses related to spam.
Distribution of spam-related software is also strictly
prohibited.
Mailing lists must be true opt-in mailing lists. Before
sending any email to a listed user, a confirmation email, with a tracking
number, must be sent to the new subscriber, to which they must respond with a
confirmation that they wish to be added to the list. You must keep these
confirmations on file, so that in the case that a spam complaint is made against
you, you have proof that the user did indeed opt-in. In addition, you must
provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html)
for details. Opt-out requests must be honored immediately.
If your server or web site is used to send any email at all,
it must also conform to RFC1123; in particular, it must
accept mail for "postmaster" and must accept bounces
(which have a FROM address of "<>").
7. General legal compliance
Customers are prohibited from using Ewart Technologies,
Inc. services in order to engage in any activities which are, in Ewart
Technologies, Inc. sole discretion, unlawful, threatening, abusive, libelous,
or would constitute a criminal offense, give rise to civil liability, or
otherwise violate the laws of any applicable jurisdiction.
Any disputes between Ewart Technologies, Inc. and any user of
Ewart Technologies, Inc. controlled resources will be settled through
arbitration and any legal action will be in the jurisdiction of and be settled
in Broward County, Florida.
8. Facilitating violations, attempted violations, and
the "spirit" of the AUP
Any activities that would facilitate or promote activities
which violate this AUP will be considered violations of this AUP. Attempted
violations will be treated as if they succeeded.
It is not possible to enumerate all possible violations of
our AUP. We expect our customers to comply with the spirit
of this AUP, particularly the four points at the beginning
of this document.
9. Indemnification
You agree to indemnify Ewart Technologies, Inc. for any
liability and loss incurred as a result of activities that occur within
resources allocated to you by Ewart Technologies, Inc.
10. Third parties
Any third party acting on your behalf must follow this AUP.
If you provide third parties with services, you must also
present them with an AUP that complies with ours; you may
also add your own policies if you desire, as long as they
do not conflict with this AUP. In case of conflicts between AUPs, the Ewart
Technologies, Inc. AUP will take precedence over
the AUP of another customer.
11. Violation of this AUP.
In addition to the indemnification clause, Ewart
Technologies, Inc. will take actions to enforce this AUP.
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We may, at our discretion "black hole" IP
space violating our AUP.
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We may, at our discretion, completely
disconnect servers, web sites and/or networks which are violating our AUP.
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We may, at our discretion, accelerate any
contracts we hold with the customer responsible for the violation of this
AUP.
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We may, at our discretion, completely
terminate any and all services we provide to the customer responsible for
the violation of this AUP.
Customer agrees to cover all costs incurred by Ewart
Technologies, Inc. as a result of AUP violations, and to
additionally pay an administrative fee of $500 per violation, or $95 per hour
for our time, whichever is greater.
12. Disclaimer
Ewart Technologies, Inc. reserves the right to discontinue
service at any time for any reason.
You agree that our responsibility for
loss of data, delays, non-deliveries, wrong delivery, and any and all service
interruptions shall be limited to credits described by the Service Level
Agreement (SLA) included in your contract, and that the results of any
invocation of any clause in this AUP shall not result in SLA credits.
If no Service Level Agreement is included in your contract,
you agree that Ewart Technologies, Inc. has no liability.
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