Acceptable use policy.

Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what MX3 Design expects of them while using the service. All users of MX3 Design's network 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 MX3 Design's service constitutes acceptance and agreement to MX3 Design's AUP as well as MX3 Design'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 service. 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. MX3 Design may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged criminal activity or civil infringement. Your violation of this AUP may result in the suspension or immediate termination of either your MX3 Design account or other actions as detailed below WITHOUT PRIOR NOTICE.
 
This document is intended to provide a basic understand of MX3 Design's acceptable use policy. The following are guidelines for the establishment and enforcement of MX3 Design'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
 
While MX3 Design is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the MX3 Design network and the Internet and cannot be permitted under the guise of free speech. The resources of the MX3 Design network are limited, and abuse of these resources by one user has a negative impact on the entire network.
 
We do not routinely monitor the activity of accounts except for measurements of system utilisation 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 dedicated server, virtual site or web site to publish material, which MX3 Design 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 MX3 Design 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 behaviour 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.
 
As a member of our network, you must use your access responsibly. If you have any questions regarding this policy, please contact us.
 
VIOLATIONS OF MX3 DESIGN ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
 
1. Illegal use: MX3 Design's services may not be used for illegal purposes, or in support of illegal activities. MX3 Design reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected criminal activity or civil infringement.
 
2. Harm to minors: Use of the MX3 Design service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
 
3. Threats: Use of the MX3 Design 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 MX3 Design service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
 
5. Fraudulent activity: Use of MX3 Design 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.
 
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the MX3 Design 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.
 
IMPORTANT NOTICE: Anyone hosting websites or services on their server or web site that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server or web site immediately removed from our network. The server or web site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server or web site to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server or web site from our network without notice to the customer. Any server or web site guilty of a second violation WILL be immediately and permanently removed from our network without notice.
 
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 MX3 Design account.
 
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the MX3 Design service is in violation of this AUP.
 
10. Usenet SPAMing: MX3 Design 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 MX3 Design service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of MX3 Design 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. Copyright or trademark infringement: Use of the MX3 Design 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.
 
13. Collection of personal data: Use of the MX3 Design service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
 
14. Network disruptions and unfriendly activity: Use of the MX3 Design service for any activity which affects the ability of other people or systems to use MX3 Design 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. It is the subscribers responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. MX3 Design will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
 
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
 
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 offence 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 MX3 Design services could result in suspension of service.
 
19. Third Party Accountability: MX3 Design 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. Pornographic material: It is absolutely forbidden to host pornographic content on MX3 Design accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.
 
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers or web sites found to be connecting to or part of these networks will be immediately removed from our network without notice. The server or web site will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server or service, and agree to let us have access to your server or web site to confirm that the content has been completely removed. Any server or web site found guilty of a second violation will result in immediate account termination.
 
22. Banned Scripts and/or applications: We do not allow the use of the following scripts to be used on our hosting accounts:
 
Proxy Scripts (nph-proxy and others)
IRC Scripts (cgi::irc and others)
Anonymizer
Torrent Trackers
Chat Room Scripts
HiveMail, Darkmail and similar email provisioning scripts
phpShell and similar command execution scripts
'tpg' showcase scripts.
 
23. 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. MX3 Design will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with authorities in the investigation of suspected criminal violations.
 
24. Network Performance: MX3 Design 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 MX3 Design systems or networks. MX3 Design reserves the right to terminate or limit such activities.
 
You are not permitted to: (i)) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
(ii) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
(iii) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
(iv) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(v) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
(vi) Participate in any file-sharing/peer-to-peer activities
(vii) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
(viii) Run cron entries with intervals of less than 15 minutes
 
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
 
INODES: The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
 
REPORTING VIOLATIONS OF MX3 DESIGN'S AUP
 
MX3 Design requests that anyone who believes that there is a violation of this AUP directs the information to the Abuse Department via our web sites contact form. If available, please provide the following information:
 
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
 
MX3 Design may take any one or more of the following actions in response to complaints:
 
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
 
REVISIONS TO THIS ACCEPTABLE USE POLICY
 
MX3 Design 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. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).