Acceptable Use Policy
Adaptive.net provides Internet World Wide Web page hosting,
electronic commerce services, marketing, and development.
Adaptive.net has certain legal and
ethical responsibilities consisting with the use of its
server and equipment involved in these services.
Adaptive.net general policy is to act as a provider of
internet presence. Adaptive.net has specific ethical concerns
regarding the use of its computers detailed below. Adaptive.netreserves the right to suspend or cancel a customer's
access to any or all services provided by Adaptive.net when we
decide that the account has been inappropriately used.
Specific Acceptable Use Policies are detailed below:
Server Abuse
Any attempt to undermine or cause harm to a server, or
customer, of Adaptive.net is strictly prohibited.
Adaptive.net will strongly react to any use or attempted use
of an Internet account or computer without the owner's
authorization. Such attempts include "internet
scamming" (tricking other people into releasing
their passwords), password robbery, security hole
scanning etc.
Any unauthorized use of accounts or computers by a Adaptive.net customer, whether or not the attacked account or
computer belongs to Adaptive.net, will result in action
against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
Abuse of Traffic
Bandwidth will be unrestricted until your usage reaches an average rate of 6GB of network traffic per
month. Thereafter, normal data transfer cost of
$4.00/GB/month will be billed to your account to pay for your
overages and for all subsequent months. If you do not pay for your overages your site will be
disabled within 3 days of your first notice.
Data transfer is measured by measuring the lowest 95% of your traffic patterns.
Adaptive.net will be the sole arbiter as to what constitutes a
violation of this provision.
Email Account Maintenance
In addition to the number of POP3 accounts that you may have included with your account,
Adaptive.net places the following limitations on all POP3 accounts. All POP3 accounts are limited to 1000 unread email
messages. Any subsequent message delivered to a POP3 account that already has 1000 unread email messages will
be returned to the sender as undeliverable. Additionally, each POP3 account has a 5MB per message limit and a 10MB per
account limit. Any subsequent message delivered to a POP3 account that has reached this limit will
be returned to the sender as undeliverable. Additionally, all POP3 account messages that are older than 30 days are automatically
removed from the server. Your POP3 account should be used as a temporary storage area before downloading them to
your POP3 client such as Microsoft Outlook, Eudora or Netscape Messenger, which you can use to permanently store your messages.
Unsolicited Email (Spam)
Unsolicited
commercial advertisements are not allowed in e-mail, and
will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter
for whether advertising is allowed or not.
"Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical
and will be treated as such.
Sending a message, especially an advertisement, to more
than five or six recipients, is by itself spamming unless
the individuals have specifically requested to be added
to a mailing list on that topic. E-mail is a
person-to-person medium, not a broadcast medium. Upon your
first Spam offense your mail will be disabled for 72 hoursand you will be fined $100.00 per sent Spam.
Upon your second Spam offense your entire domain will be disabled for 72 hours
and you will be fined
$200.00 per sent Spam. Upon your third offense
your account with Adaptive.net will be terminated with a fine of $300 per Spam.
No refunds will be given if your account is
terminated for Spam.
Background Running Programs or DLLs
We may allow programs to run continually in the
background. These are considered on a one-to-one basis
and an extra charge will be incurred based on system
resources used and operational maintenance needed.
Rogue Sites
If your site is determined to be causing a detremental affect on other sites on the same server
or other sites on the same network, Adaptive.net has the right to immediately suspend operation
of your account until the problem with your site is corrected.
Payment Policies
Adaptive.net reserves the right
to change prices at any time, unless other terms have
been agreed upon. Any account not brought current within
a week (7 days) of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer
is responsible for all money owed on the account from the
time it was established to the time that the customer
notifies Adaptive.net in writing for a request for termination
of services. All payment is in U.S. currency.
Cancellation
Adaptive.net reserves the right to cancel service at any time.
All fees paid in advance of cancellation are considered payment for
a non-refundable contract for the term of that payment and will NOT be
pro-rated and paid by Adaptive.net if the account is cancelled.
Any violation of policies which
results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
All payments are considered payment in advance for a full-term contract that covers the
payment period. No pro-rated refund will be given if service is cancelled
prior to the end of the full-term contract.
Month to month billing contracts are available to minimize your financial commitment. For details, choose BILLING INFO from your customer control panel at http://www.Adaptive.net/login.php
Domain Registration
All domain name registrations are effective immediately and are non-refundable. This includes errors, typos, or
other changes in domain name spelling.
Adaptive.net registers all new domain names in the name of the customer so that the customer retains full ownership rights
to that domain name. Failure to pay domain registration fees or outstanding hosting fees revokes
your right to ownership of the domain.
Adaptive.net registers all domains through ICANN-accredited registrars (including but not limited to bulkregister.com and/or
registrars.com). Domains are registered through corporate accounts with these registrars;
if you cancel hosting with Adaptive.net and wish to retain ownership of your domain name you must
transfer the domain name to a consumer-oriented registrar. Adaptive.net will not manage domain names
that are not utilizing hosting services with Adaptive.net.
Terms and length of domain registration are effective while hosting with Adaptive.net and are independent of actual
of registration terms and length of contract with ICANN registrar. Adaptive.netreserves the right to manage actual registration terms and contract lengths independently with
the ICANN registrar of our choice. All domains are renewed automatically, and billed accordingly, 30 days prior to expiration. Due
to the nature of domain name registration and ICANN policies, payments for domains, renewals, or domain services are not refundable.
Lawful Purpose
Adaptive.net reserves the right to refuse service to anyone.
Customers may only use Adaptive.net server for lawful purpose.
Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material
legally judged to be threatening or obscene, and material
protected by trade secrets. The designation of any materials as such
described above is left entirely to the discretion of Adaptive.net
management.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold Adaptive.net harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Adaptive.net, its
agents, its customers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by customer,
it's agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Adaptive.net against
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with Adaptive.net's server; (2) any
material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products
sold to customer from Adaptive.net's server.
Disclaimer
Adaptive.net will not be responsible for any damages your
business may suffer. Adaptive.net makes no warranties of any
kind, expressed or implied for services we provide. Adaptive.netdisclaims any warranty or merchantability or fitness
for a particular purpose. Adaptive.net reserves the right to revise
its policies at any time.
All Sub-Networks, resellers and dedicated servers of Adaptive.netmust adhere to the above policies.
Failure to follow any term or condition will be grounds
for immediate account deactivation.
Abuse of any of the above outlined acceptable use policies should be
reported to
[email protected].