This AUP governs the use of PolarWebServices’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and PolarWebServices regarding the interpretation of this AUP, PolarWebServices’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact PolarWebServices's support using PolarWebServices's help desk.
Table of Contents
All services provided by PolarWebServices may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Finnish, US or UK law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless PolarWebServices and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
PolarWebServices will be the sole arbiter as to what constitutes a violation of this provision.
The user agrees that they will keep backups of their sites on their computers, PolarWebServices accepts no responsibility for loss of data. The end user is responsible for making sure they have up to date site files saved offline.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Site or using an email address or domain that is maintained on a PolarWebServices machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. PolarWebServices will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a clients site give said client their e-mail address the user should also have to verify it through e-mail afterwards before anymore mail is sent. This prevents us being listed in spam databases. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of PolarWebServices whether or not the message actually originated from our network.
Hosting websites advertised by spam sent from another network is not permitted unless proof can be given that Customer was not at all involved in the incident.
Senders must maintain complete and accurate records of all opt-ins and provide these to PolarWebServices if requested. If proof cannot be provided then any messages sent to subscriber will be deemed as UCE. An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If Customer actions have caused PolarWebServices mail servers or PolarWebServices IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
We usually do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language, and it must be approved by PolarWebServices. Java clients to connect to irc rooms are fine (eg. JIRC) however, php or cgi chat clients are banned. Habbo style chatting scripts are also banned due to the intensity of them and the server resources they use.
IRC is not permitted of any type or any nature unless has been arranged with company beforehand.
Any attempt to undermine or cause harm to a server, or customer, of PolarWebServices is strictly prohibited. These attempts can include DOS attacks or hacking. Any domain found to be attempting to snoop, view, edit or remove files outside of their own domain folders may be immediately disabled until the issue has been investigated. Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. We don't often do this, only in the event of an out of control script, failure to pay or PolarWebServices not being able to contact the site owner in the event of such problems as those listed above.
The use of Peer to Peer or File Sharing software on any account is strictly prohibited unless it can be proved that the use of it is completely legal. Use of this software for illegal purposes could result in service being disabled until investigation has taken pace.
(i) You agree to the UDRP (http://www.icann.org/udrp/) if you register your domain through us.(ii) If Chargeback is received on domain then control of domain will be given fully to PolarWebServices until a satisfactory resolution can be reached.
PolarWebServices's services may not be used for illegal purposes, or in support of illegal activities. PolarWebServices reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors:
Use of the PolarWebServices service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse.
Use of the PolarWebServices service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of the PolarWebServices service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Use of PolarWebServices 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," "High Yield Investment Programs," and "chain letters." This also Includes sending this data via e-mail such as Phishing.
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. Setting up proxies and using them on your account is prohibited.
Copyright or trademark infringement:
Use of the PolarWebServices 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.
Collection of personal data:
Use of the PolarWebServices service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This can include e-mail addresses, IP addresses and any other information that could be used to personally identify them.
Use of Resources:
If package limits are reached PolarWebServices reserves the right to charge customers account for all fees due and previously agreed to.
PolarWebServices reserves the right to disable services temporarily for sites which are affecting server performance for the server and other customers on the server by means of memory, processor time, disk space or bandwidth utilization. If this happens repeatedly PolarWebServices may request customer moves to a higher level account, dedicated server or the content of the domain be removed which uses up so much of the resources.
Network disruptions and unfriendly activity:
Use of the PolarWebServices service for any activity which affects the ability of other people or systems to use PolarWebServices 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. PolarWebServices 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.
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
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. If a complaint is made against a domain we will investigate within 24 hours and if we feel it is necessary may disable it until communication with the domain owner has been established.
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.
Adult content is in no way accepted on our hosting packages or dedicated servers and those found hosting it will be disabled until further investigation and removal of the offending content has taken place.
Customers should only use IP Addresses assigned to them by PolarWebServices. Any server or hosting account using IP Addresses not given to them by NOC staff may be disconnected or suspended until IP overlap can be investigated. Use of an unauthorized IP address will result in a charge of $20 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $100 charge and termination of service until the IP allocation is resolved.
Resellers are responsible for their customers and their customers should be made aware of the AUP so consequences of breaking it are understood. If resellers customer is found to be breaking AUP and charge is needed then reseller will be charged and has the responsibility of charging the customer or accepting the charge themselves.
Usenet posts must conform to internet standards.
Prohibited acts include -
Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Company may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Company by offended users. Company reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Customer Security Obligation:
Each Customer must use reasonable care in keeping each server or network devices attached to PolarWebServices infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. PolarWebServices is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@PolarWebServices.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour.
It is Customers responsibility for keeping their account passwords with PolarWebServices secure and sharing it with unauthorized users is prohibited. Any actions by sub-users of the account will be the responsibility of the main account holder. Users who violate system or network security including, but not limited to, attempting to circumvent security of any network or host, attempting to interfere with service by use of flooding, DDoS or DoS may incur civil or criminal liability.
LIMITATION OF LIABILITY:
PolarWebServices shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from PolarWebServices servers going off-line or being unavailable for any reason whatsoever. Furthermore, PolarWebServices shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of PolarWebServices servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to abuse@PolarWebServices.com
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
PolarWebServices cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by PolarWebServices are resold. Thus, certain equipment, routing, software, and programming used by PolarWebServices may not be directly owned or written by PolarWebServices. Moreover, PolarWebServices holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as PolarWebServices sees fit.
VIOLATIONS OF ACCEPTABLE USE POLICY:
PolarWebServices will take any one or more of the following actions on notification of violation of AUP, these may change depending on severity of situation, timeframe of notification given and previous violations:
If violation happens repeatedly service will be terminated with no refund given and a $100 fee will be accessed to customer for time taken to investigate all violations.
If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
PolarWebServices retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.