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Acceptable Use Policy (AUP)

NeonHQ's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what NeonHQ expects of them while using the service. All users of NeonHQ's WebHosting services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of NeonHQ Service constitutes acceptance and agreement to NeonHQ's AUP as well as NeonHQ's TOS (Terms of Service).

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. 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. Your violation of this AUP may result in the suspension or immediate termination of your account WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of NeonHQ's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of NeonHQ's AUP:

  • Ensure reliable service to our customers.

  • Ensure security and privacy of our systems and network, as well as the networks and systems of others.

  • Comply with existing laws.

  • Maintain our reputation as a responsible service provider.

  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.

  • Preserve the value of Internet resources as a conduit for free expression and exchange of information.

  • Preserve the privacy and security of individual users.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your web site to publish material, which NeonHQ determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an account is used to violate the 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, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF NeonHQ ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

  1. Illegal use
    NeonHQ's services may not be used for illegal purposes, or in support of illegal activities.

  2. Harm to minors
    Use of the NeonHQ service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

  3. Threats
    Use of the NeonHQ service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

  4. Harassment
    Use of the NeonHQ service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

  5. Fraudulent activity
    Use of NeonHQ service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".

  6. 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 information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

  7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)
    Use of the NeonHQ service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

    Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately removed. The service will not be resumed until such time that you agree to remove ANY and ALL traces of the offending material immediately and agree to allow us to access to the server to confirm that all material has been COMPLETELY removed.

  8. E-mail / News Bombing
    Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

  9. E-mail / Message Forging
    Forging any message header, in part or whole, of any electronic transmission, originating or passing through the NeonHQ service is in violation of this AUP.

  10. Usenet SPAMing
    NeonHQ has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

  11. Unauthorized access
    Use of the NeonHQ service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of NeonHQ'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 account is subject to immediate termination.

  12. Collection of personal data
    Use of the NeonHQ service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

  13. Network disruptions and unfriendly activity
    Use of the NeonHQ service for any activity which affects the ability of other people or systems to use NeonHQ 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. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions.

  14. Fraud
    Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

  15. Copyright or trademark infringement
    Use of the NeonHQ 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.

  16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right
    Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

  17. Distribution of Viruses
    Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

  18. Inappropriate Use of Software
    Use of software or any device that would facilitate a continued connection, i.e. pinging, while using NeonHQ services could result in suspension service.

  19. Third Party Accountability
    NeonHQ subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

  20. Violation Of NeonHQ WebHosting Accounts
    It is absolutely forbidden to host pornographic content, warez sites or IRC servers on the web hosting accounts. If your account is found hosting this material, it will be subject to immediate cancellation without refund.

  21. Distribution of any types of audio/video files
    You are not permitted to distribute any types of audio/video files which you do not have the right to distribute. Eg. MP3, .avi, .rm, etc. However, if these files are produced by you and without infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right, you can distribute.

  22. IRC networks
    It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. As a policy, NeonHQ will not provide shell accounts to our main servers.

  23. CGI Script
    Any account with CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

  24. Forum Board
    No forums consuming intensive resources. CGI forum are known to be resource intensive. PHP forum are prefered.

  25. Multi-Level Marketing (MLM)
    MLM websites are strictly forbidden. These sites generally are scams and use our SMTP services for SPAM. We will be the sole arbiter as to what constitutes a violation of this provision.

  26. Unauthorized Bandwidth
    If any terms of service violation is found resulting bandwidth used while breaking the TOS agreement, shall be billed at USD$2.00 per GB with minimum of 1 GB. This includes but is not limited to illegal transfers of MP3's, illegal data, adult material without prior permission, and software that you may or may not have the rights to.

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.

  • Your password provides access to your account. It is your responsibility to keep your password secure.

  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

  • Users who violate systems or network security may incur criminal or civil liability.

Network Performance

NeonHQ accounts operate on shared resources. Excessive use or abuse of these shared network 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.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of NeonHQ systems or networks. NeonHQ reserves the right to terminate or limit such activities.
 

REPORTING VIOLATIONS OF NeonHQ AUP

NeonHQ requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at infohq@neonhq.com
 

REVISIONS TO THIS ACCEPTABLE USE POLICY

NeonHQ 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.