Black Onyx's Acceptable Use Policy (AUP)
Black Onyx Webhosting's Acceptable Use Policy ("AUP") is intended to help enhance
the use of the Internet by preventing unacceptable usage or activities. All users of Black Onyx
Webhosting's services (the "Services")-those who have limited access to some of
our Services but do not have full domain accounts, and any other customer's who pay a
monthly or annual service fee to subscribe to these Services-must comply with this AUP.
We support the free flow of information and ideas over the Internet and do not actively
monitor use of the Services under normal circumstances. Similarly, we do not exercise
editorial control over the content of any Web site, electronic mail transmission, news
group, or other material created or accessible over or through the Services, except for
certain proprietary websites; However, in accordance with our Internet Service Agreement,
we may remove any materials that, in our sole discretion, may be illegal, subject us
to potential liability, or which may violate this AUP.
Black Onyx Webhosting will (in most cases) cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime or civil wrong. Your
violation of this AUP may result in the suspension or termination of your access to the
Services and/or your Black Onyx Webhosting account or other Services being provided.
This AUP should be read in conjunction with our Service Policy.
The following constitute violations of this AUP:
- Illegal use. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that, intentionally or unintentionally, violates any
applicable local, state, national or international law, or any rules or
regulations promulgated thereunder.
- Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
Threats. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages bodily harm or destruction
of property.
- Harassment. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that harasses another.
Fraudulent activity. Using the Services 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."
- 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. Using deliberately misleading headers ("munging" headers) in news
postings in order to avoid spam email address collectors is allowed.
- Unsolicited commercial email/Unsolicited bulk email. Using the Services to
transmit any unsolicited commercial email or unsolicited bulk email. Activities
that have the effect of facilitating unsolicited commercial email or unsolicited
bulk email whether or not that email is commercial in nature, are prohibited.
- Unauthorized access. Using the Services to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of Black Onyx Webhosting'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.
- Copyright or trademark infringement. Using the Services to transmit or display
any material (by email, 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. Using the Services to collect, or attempt to collect,
personal information about third parties without their knowledge or consent.
Reselling the services. Reselling the Services without Black Onyx Webhosting's
authorization, or the purchase of a Reseller's account.
- Network disruptions and unfriendly activity. Using the Services for any activity
which adversely affects the ability of other people or systems to use Black Onyx
Webhosting 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, network services or network equipment is
prohibited. It is the Member's responsibility to ensure that their network is
configured in a secure manner. A Member may not, through action or inaction,
allow others to use their network for illegal or inappropriate actions. A Member
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.
- Exceeding Web Site Size and Traffic Limitations: All Black Onyx Webhosting Members
receive a specific amount of web (disk) space for use with their Black Onyx
Webhosting domain accounts. In addition to this, each member is also allocated
a certain amount of traffic per month (traffic is calculated on a formula
multiplying the number of hits that your site receives by the size of your files).
If a site exceeds its maximum monthly allotment of traffic, the domain admin
will be contacted via email or telephone, informing them of the associated
charges incurred. If the domain admin (or a designated representative) cannot
be contacted or does not acknowledge the receipt of the notification, Internet
access to that domain will be temporarily disabled until either A) this action
has been resolved or B) the start of the next calendar month. Unavailability
includes but may not be limited to the inability to access the site publicly
or to publish to or modify the site's contents via certain Web creation tools.
Black Onyx Webhosting requests that anyone who believes that there is a violation of
this AUP direct the information to our Abuse Department, at: support@black-onyx.com.
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
- Email with full header information provides all of the above, as do syslog files.
- Other situations will require different methods of providing the above information.
Black Onyx Webhosting may take any one or more of the following actions in response to complaints:
- issue warnings: written or verbal
- suspend the Member's domain account/access
- terminate the Member's domain account/access
- 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.
Black Onyx Webhosting reserves the right to revise, amend, or modify this AUP, any
of our other service policies, rules, and contractual agreements at any time and
in any manner.
Notice of any revisions, amendments, or modifications will be posted in a prominent
manner within the website.
