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This is the "Acceptable Use Policy" or "AUP" of Elliptic Consulting's services.
BACKGROUND The AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of Elliptic Consulting. Elliptic Consulting may, from time to time at the sole discretion of Elliptic Consulting, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses of Elliptic Consulting. Elliptic Consulting may, from time to time at the sole discretion of Elliptic Consulting, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to www.elliptic.co.za or by notification to you of the modified AUP. This AUP is not exhaustive. Hereinafter, "Services" is defined as any offering of Elliptic Consulting including, without limitation, those managed, in whole or in part, for you by Elliptic Consulting, "Servers" is defined as any CPU based hardware platform of Elliptic Consulting including, without limitation, those managed, in whole or in part, for you by Elliptic Consulting, and "IP Addresses" is defined as any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address assigned by Elliptic Consulting to you as part of the Services or Servers provided to you by Elliptic Consulting. By registering for or using the Services, Servers, or IP Addresses provided to you by Elliptic Consulting, you accept and agree to abide by the terms and conditions of the "Terms of Service" or "TOS" of Elliptic Consulting, the rules, regulations, and restrictions of the "Acceptable Use Policy" or "AUP" of Elliptic Consulting, the "End User Content Policy" or "EUCP" of Elliptic Consulting and the laws of the cities, states, and countries wherein the Services, Servers, or IP Addresses of Elliptic Consulting are located which are hereby incorporated into this AUP. Solicitation of any illegal act on, to, from, or through the Services, Servers, or IP addresses provided to you by Elliptic Consulting, whether performed or not, is a violation of this AUP. SUSPENSION AND CANCELLATION NONPAYMENT IN WHOLE OR IN PART FOR ANY OF THE SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY ELLIPTIC CONSULTING OR VIOLATION OF THE ACCEPTABLE USE POLICY OF ELLIPTIC CONSULTING, THE ACCEPTABLE USE POLICY OF ANY UPSTREAM PROVIDER OF ELLIPTIC CONSULTING, OR THE ACCEPTABLE USE POLICY OF ANY NETWORK CONNECTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY ELLIPTIC CONSULTING MAY, AT THE SOLE DISCRETION OF ELLIPTIC CONSULTING, RESULT IN THE IMMEDIATE SUSPENSION OR CANCELLATION OF ANY OR ALL SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY ELLIPTIC CONSULTING OR OTHER ACTION DEEMED APPROPRIATE BY ELLIPTIC CONSULTING WITHOUT REMUNERATION FOR SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION OR ASSURANCE OF PRIOR NOTIFICATION TO YOU FOR SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION AND ANY FEES PAID IN ADVANCE OF SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION ARE NON-REFUNDABLE. INDEMNIFICATION YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF ELLIPTIC CONSULTING AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY ELLIPTIC CONSULTING, THE NETWORK AND BUSINESS OPERATIONS OF ELLIPTIC CONSULTING, RELATED COSTS INCURRED BY ELLIPTIC CONSULTING, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.
DATA LIABILITY AND RESPONSIBILITY
YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY ELLIPTIC CONSULTING TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFOS, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.
DISCLAIMER OF RESPONSIBILITY
ELLIPTIC CONSULTING ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR PARTY FOR ANY VIOLATION OF THIS AUP BY ANY OTHER PERSON OR PARTY. IT IS THE POLICY OF ELLIPTIC CONSULTING, BUT NOT ITS OBLIGATION, TO MONITOR ITS NETWORK FOR POTENTIAL, ALLEGED, OR ACTUAL VIOLATIONS OF THIS AUP AND TO CANCEL EGREGIOUS OR REPEAT OFFENDERS OF THIS AUP WITHOUT PRIOR NOTICE. PROSECUTION AND FINES ELLIPTIC CONSULTING COOPERATES FULLY WITH LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION AND PROSECUTION OF CRIMINAL ACTIVITY AND HAS ZERO TOLERANCE FOR VIOLATIONS OF THIS AUP. WE RESERVE THE RIGHT TO LEVY FINES OF $500 TO $5000 USD PER INCIDENT FOR ANY VIOLATION OF THIS AUP. RIGHT OF REFUSAL ELLIPTIC CONSULTING RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. Specific Violations of This AUP Without Limitation
The following hour groupings are the standard times provided for an initial reply from the client with appropriate comments, questions, or actions to resolve the abuse issue indicated in a Policy Enforcement notice to prevent suspension of services, servers, or IP addresses. These times are not a guarantee and may be modified on a case-by-case basis depending on the abuse type, severity, history, quantity of complaints, upstream provider requirements, and other factors. 24-HOUR ISSUES
Copyright Hosting, Distributing, or Linking to Copyright Infringed Materials. Forgery Faking an IP Address, Hostname, E-Mail Address, or Header. Invalid Hostname A vain, obscene, or malicious host or domain name. IRC Unregistered Internet Relay Chat Server not Registered and Approved by Elliptic Consulting abuse department. Pharmaceuticals Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites. Shells Hosting Accounts Primarily for Shell Access. Spam Email Unsolicited Bulk Email (UBE). Spam News Posting the same message repeatedly in one or more newsgroups or posting an off-topic message to a newsgroup. Spam Site Hosting a Site Advertised by Spam Email, Spam News, or Spam Web. Spam Web Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books. Tools Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction. Trademark Hosting, Distributing, or Linking to Trade Mark Infringed Materials. Wares Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software. 16-HOUR ISSUES Advance Fee Fraud Spam to Solicit an Advance Fee in Return for Monetary Gain. HYIP Site Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme. Infection Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms. IRC Malicious Malicious Use of Internet Relay Chat. Scanning Probing for Vulnerabilities of Network Devices. SORBS SORBS Blacklisting at www.sorbs.net of an IP. Spam List Hosting, Distributing, or Linking to Email Address Lists for Spam. Spam Ware Hosting, Distributing, or Linking to Software Designed for Spamming. Spamhaus Spamhaus Blacklisting at www.spamhaus.org of an IP. Web Spider Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers. 8-HOUR ISSUES Child Porn Link Linking to Content of Pornography Involving a Person Under Legal Age. Cracking Brute Force Access of Secured Network Devices. DoS Denial of Service Attack of Network Devices. Fraud Site Hosting or Linking to a Website Intended to Deceive the Public. Hacking Circumventing Security Systems of Network Devices. ID Theft Hosting, Distributing, or Linking to Stolen Account Identification Information. Open Proxy Hosting an Open Proxy. Open Relay Hosting an Open Relay. Phishing Identity Theft by Email Under False Pretense. Proxy Hijack Use of a Third Party Proxy Vulnerability or Trojan. Terrorist Site Hosting or Linking to a Site Advocating Terrorism. 1-HOUR ISSUES Porn Dist Distributing Content of Pornography. ROKSO ROKSO Blacklisting at www.spamhaus.org of an IP.
See http://www.spamhaus.org/rokso/index.lasso Upstream AUP Violation of AUP of an Upstream Provider of Elliptinc Consulting 0-HOUR ISSUES Porn Host Hosting Content of Pornography. IP Address Overlap
Use of a publicly routable IP address not provided to you by Elliptic Consulting on the Services or Servers provided to you by Elliptic Consulting is a violation of this AUP.
Network Performance
Elliptic Consulting provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one client of Elliptic Consulting may adversely affect other clients of Elliptic Consulting or the network of Elliptic Consulting. Any misuse of network resources in a manner which may adversely affect other clients of Elliptic Consulting or the network of Elliptic Consulting is a violation of this AUP. Internet Etiquette You and all users of the Services, Servers, and IP Addresses provided to you by Elliptic Consulting are expected to practice good Internet etiquette (Netiquette). Any activity or data stored or transmitted on, to, from, or through the Services, Servers, or IP Addresses provided to you by Elliptic Consulting, whether legal or not, which may adversely affect other clients of Elliptic Consulting, the network of Elliptic Consulting as a result of an offended third person or party, or the reputation of Elliptic Consulting is a violation of this AUP.
Definition of SPAM
All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or "CAN-SPAM Act" applies to the definition of spam as used in this AUP.
Opt-In Mailing Lists
Mailing lists must be true opt-in which requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have replied with a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of Elliptic Consulting and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line having the unique tracking number as evidence that the recipient did, indeed, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.
TOR and Anonymous Routers or Routing Protocols
If an alleged or actual violation of this AUP is believed, at the sole discretion of Elliptic Consulting, to have occurred on, to, from, or through the Services, Servers, or IP Addresses provided to you by Elliptic Consulting on which TOR or an anonymous router or routing protocol exists, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not and Elliptic Consulting shall enforce this AUP at the sole discretion of Elliptic Consulting. Bit Torrent, Point-to-Point, and Proxy Software
Bit Torrent, Point-to-Point, and Proxy software are permitted until and unless abuse occurs related to such software. Should abuse occur related to such software, Elliptic Consulting may, at the sole discretion of Elliptic Consulting, require removal of such software from the Services, Servers, and IP Addresses of Elliptic Consulting. Billing
You are responsible for paying for any network resources used to connect the Services, Servers, and IP Addresses provided to you by Elliptic Consulting to the Internet. Pursuant to the Terms of Service of Elliptic Consulting, you may request that the Services, Servers, and IP Addresses provided to you by Elliptic Consulting be disconnected from the Internet. However, you remain responsible for paying for any network resources used up to the time of disconnection. |
