This document
contains the general terms and conditions for Eggplant Digital Co. Ltd.,
trading as "Eggplant Digital".
Eggplant
Digital Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what Eggplant Digital expects of
them while using the Eggplant Digital Hosting service. All users of Eggplant
Digital Hosting services and internet: 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 T&C (Terms and
Conditions).
Use of Eggplant
Digital Hosting service constitutes acceptance and agreement to Eggplant
Digital AUP as well as Eggplant Digital T&C (Terms and Conditions).
The customer
understands, acknowledges and agrees that Eggplant Digital may revise policies,
agreements and notices at any time without notice and that he or she shall be
bound by the policies, agreements and notices as currently posted on the Eggplant
Digital Hosting web site which as a whole shall constitute Eggplant Digital's
Acceptable Use Agreement.
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, except for certain proprietary web sites. However, in
accordance with our T&C (Terms and Conditions), we may remove any materials
that, in our sole discretion, may be illegal, may subject us to liability, or which
may violate this AUP. Eggplant Digital may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrongdoing. Your violation of this AUP may result in the suspension or
immediate termination of either your Eggplant Digital Hosting service account
or other actions.
This document
is intended to provide a basic understand of Eggplant Digital Hosting service Acceptable Use Policy. The following are guidelines
for the establishment and enforcement of Eggplant Digital Hosting service's
AUP:
1. Ensure reliable service
to our customers
2. Ensure security and
privacy of our systems and network, as well as the networks and systems of
others
3. Comply with existing
laws
4. Maintain our reputation
as a responsible service provider
5. Encourage responsible
use of the Internet and discourage activities which reduce the usability and
value of Internet services
6. Preserve the value of
Internet resources as a conduit for free expression and exchange of information
7. Preserve the privacy and
security of individual users
Eggplant
Digital Hosting service intends to provide its customers access to everything
the Internet has to offer. While Eggplant Digital is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both Eggplant Digital Hosting service and the Internet and cannot
be permitted under the guise of free speech. The resources of Eggplant Digital Hosting
service and the Internet are limited, and abuse of these resources by one user
has a negative impact on the entire community.
We do not
routinely monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in our efforts to
promote good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service.
You may not use
your server to publish material, which Eggplant Digital 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 and logos), executable programs, video recordings, and audio
recordings.
If a Eggplant Digital Hosting service
account is used to violate the Acceptable Use Policy or our T&C, 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.
As a member of
our network community, you must use your Internet access responsibly.
VIOLATIONS OF EGGPLANT DIGITAL
ACCEPTABLE USE POLICY
The following
constitute violations of this AUP:
1. Illegal use:
Eggplant Digital Hosting services may not be used for illegal
purposes, or in support of illegal activities. Eggplant Digital reserves the
right to cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
2. Harm to minors:
Use of the Eggplant Digital Hosting service to harm, or attempt to
harm, minors in any way, including, but not limited to child pornography.
3. Threats:
Use of the Eggplant Digital Hosting 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 Eggplant Digital Hosting service to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity:
Use of Eggplant Digital Hosting 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. Spam, Junk E-mail or Mass Mailing:
Use of the Eggplant Digital Hosting service to transmit any spam,
Junk-mail and unsolicited mass mail is solely prohibited. Violations of this
type will result in the immediate termination of the offending Eggplant Digital
Hosting service account.
Spam, Junk-mail and mass mailing are defined as: the sending of the
same, or substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it is
sent to a recipient who has not requested or invited the message. This also
includes e-mail with forged headers, compromised mail server relays, and false
contact information. This prohibition extends to the sending of unsolicited
mass mailings from another service, which in any way implicates the use of Eggplant
Digital Hosting services whether or not the message actually originated from
our network.
Eggplant Digital's mass mailing policy also applies to mailing
lists, list servers, or mailing services you may be in contact with. The policy
is stated as follows: An acceptable mailing list will be focused at a targeted
audience that has voluntarily signed up for your e-mail information or that has
made their e-mail address available for distribution of information from you.
The list must also allow for automatic removal by the recipient using a system
accessible on the World Wide Web and the method of removal should be stated
clearly in all the email messages.
IMPORTANT
NOTICE:
Anyone hosting web sites or services on their server that support
spammers or cause any of our IP space to be listed in any of the various Spam
Databases will have their server immediately removed from our network. The
server 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 to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent removal of the
server from our network without notice to the customer. Any server 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 Eggplant
Digital Hosting service account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Eggplant Digital Hosting
service is in violation of this AUP.
10. Usenet Spamming:
Eggplant Digital Hosting service 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 Eggplant Digital Hosting service to access, or to
attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Eggplant Digital'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 Eggplant Digital Hosting service
account is subject to immediate termination.
12. Copyright or trademark
infringement:
Use of the Eggplant Digital Hosting 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 Eggplant Digital Hosting service to collect, or attempt
to collect, personal information about third parties without their knowledge or
consent.
14. IRC:
Use of IRC or IRC bots or clonebots is
not allowed. An IRC bot is a program which runs and is connected to an IRC
server 24 hours a day, automatically performing certain actions.
15. Network disruptions and unfriendly
activity:
Use of the Eggplant Digital Hosting service for any activity which
affects the ability of other people or systems to use Eggplant Digital Hosting
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 Member's 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. Eggplant Digital 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.
16. Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving it will act
upon it.
17. Infringement:
Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
18. 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.
19. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using Eggplant Digital Hosting services could
result in suspension service.
20. Third Party Accountability:
Eggplant Digital Hosting service 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.
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. Eggplant Digital will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected
criminal violations.
21. P2P File Sharing
Nothing such as Kazza or any P2P system
may be used on any of our services. Provision of such services will result in
instant termination of your account without refund.
22. No Very High CPU Usage Programs
Allowed
23. No DDOS
If you are DoS'ed we reserve the right
to suspend your account to limit the attack. If you are found to of caused the
DDOS your account may be suspended or cancelled.
24. No Warez
25. No provision of free email services
26. No provision of shell accounts
Network Performance
Eggplant
Digital Hosting service 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 Eggplant Digital Hosting
service systems or networks. Eggplant Digital reserves the right to terminate
or limit such activities.
REVISIONS TO THIS ACCEPTABLE
USE POLICY
Eggplant
Digital reserves the right to revise, amend, or modify this AUP and our other
policies and agreements at any time and in any manner.