This AUP is incorporated by reference in your Service Order Form with Senpai IT Solutions and your service may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.
Inquiries regarding this policy should be directed to abuse@senpai-it.com.
 1. Internet abuse
You may not use Senpai IT Solutions' network to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
* Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
* Interference with service to any user of the Senpai IT Solutions or other network including, without limitation, spam, mail bombing, flooding, deliberate attempts to overload a system, DDoS and broadcast attacks;
* Use of an Internet account or computer without the owner's authorization;
* Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
* Collecting or using information without the consent of the owner of the information;
* Use of any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting;
* Use of the service to distribute any kind of adult content, including (but not limited to) pornography;
* Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
* Use of the service to distribute software that, upon installing in the user's system with or without the user's consent, is involved in any kind of criminal acivity (viruses, troyans, parts of botnets, malware, etc);
* Use of the service for distribution of advertisement delivery software unless:
(i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and
(ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "add/remove" tool); or
* Any conduct that is likely to result in retaliation against the Senpai IT Solutions network or website, or Senpai IT Solutions' affiliates, employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
2. Security
You must take reasonable security precautions in light of your use of the Senpai IT Solutions services. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.
A compromised server is potentially disruptive to Senpai IT Solutions' network and other customers. Therefore Senpai IT Solutions may take your server off line if it is accessed or manipulated by third party without your consent.
3. Bulk or commercial e-mail
You must comply with all laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Senpai IT Solutions' advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Senpai IT Solutions' reasonable satisfaction:
* Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
* Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
* You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Senpai IT Solutions' requests to produce consent evidence within 24 hours of receipt of the request.
* You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 24 hours, and you notify recipients that the revocation of their consent will be implemented in 24 hours;
* You must post an e-mail address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
* You must have a Privacy Policy posted for each domain associated with the mailing;
* You have the means to track anonymous complaints; and
* You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "To:" line of the e-mail.
These policies apply to messages sent using your Senpai IT Solutions service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your Senpai IT Solutions service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list was created by you.
Senpai IT Solutions may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.
4. Vulnerability testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Senpai IT Solutions system or network or to breach Senpai IT Solutions' security or authentication measures, whether by passive or intrusive techniques, without Senpai IT Solutions' express written consent.
5. Newsgroup, chat forums, other networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your Senpai IT Solutions services.
6. Offensive content
You may not publish or transmit via Senpai IT Solutions' network and equipment any content or links to any content that Senpai IT Solutions reasonably believes:
* Constitutes, fosters, or promotes pornography;
* Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
* Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters, HYIPs, and pyramid schemes;
* Is defamatory or violates a person's privacy;
* Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
* Improperly exposes trade secrets or other confidential or proprietary information of another person;
* Is intended to assist others in defeating technical copyright protections;
* Infringes on another person's copyright, trade or service mark, patent, or other property right;
* Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
* Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Senpai IT Solutions; or
* Is otherwise malicious, fraudulent, or may result in retaliation against Senpai IT Solutions by offended viewers.
Content "published or transmitted" via Senpai IT Solutions' network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
7. Automatic server disconnections caused by security treats
In order to enforce the strong datacenter security policy, any server will be automatically disconnected by the datacenter's security monitoring system in the following cases:
* Netscan - systematic scan of a range of IP addresses or a range of ports of a single IP address for a short period of time OR an attempt to connect to an IP address that is unallocated by RIPE.
* Outgoing attack - a high number of packets outgoing from the server to another server in the Internet (DoS-like).
* Incoming attack - a high number of packets coming to the server from a number of servers in the Internet (DoS-like).
* IP forgery or spoofing - an attempt to use an IP on a server which is not assigned to that server.
In order to get the server re-connected the client has to contact the support. Normally a free KVM access will be provided to the client in order to enable the client to investigate and fix the issue. After the fix is reported as completed, the server/IP/subnetwork will be re-connected by the on-site engineer within 1 working day. All re-connections will be carried out during the working hours. Re-connection charge may be applied.
8. Copyrighted material
You may not use Senpai IT Solutions' network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, video, software, art, image, or other work protected by copyright law unless:
* You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
* You are otherwise permitted by established Irish copyright law to copy the work in that manner.
Senpai IT Solutions may terminate the service of copyright infringers.
9. Copyright infringement notice
If you believe your copyright is being infringed by a person using the Senpai IT Solutions network, please send your written notice of copyright infringement to:
abuse@senpai-it.com
Senpai IT Solutions
Unit 10, College Court
Lower Kevin Street
Dublin 8
Ireland
Your notice must include the following:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Senpai IT Solutions to locate the material;
* Information reasonably sufficient to permit Senpai IT Solutions to contact you, such as an address, telephone number, and, if available, an e-mail address;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
* A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Cooperation with investigations and legal proceedings
Senpai IT Solutions may, without notice to you:
* Report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and
* Provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Other
* You must have valid and current information on file with your domain name registrar for any domain hosted on the Senpai IT Solutions network.
* You may only use IP addresses assigned to you by Senpai IT Solutions staff in connection with your Senpai IT Solutions services.
* You agree that if the Senpai IT Solutions IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of this AUP, and Senpai IT Solutions may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service, regardless of whether the IP numbers were listed as a result of your actions.
12. Consequences of violation of AUP
(a) Senpai IT Solutions may without notice to you, cancel or suspend your service, or remove any content transmitted via the Senpai IT Solutions service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with Senpai IT Solutions' reasonable investigation of any suspected violation of the AUP. Senpai IT Solutions will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured. Any issue that is not resolved within 1 working day from the date of informing you of that issue by Senpai IT Solutions OR your involvement in the distribution of viruses/troyans/malware content using the services provided by Senpai IT Solutions may result in the termination of the service by Senpai IT Solutions without any liability.
(b) You are strictly responsible for the violation of this AUP, including violation by your customers, and including violations that occur due to unauthorized use of your service (but not including unauthorized use that results from Senpai IT Solutions' failure to perform its obligations under the Master Services Agreement).
(c) Senpai IT Solutions may charge you its hourly rate for AUP breach recovery (currently €200.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Senpai IT Solutions or any of its affiliates and/or customers by the violation of this AUP, (iii) respond to complaints, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have Senpai IT Solutions' Internet Protocol numbers removed from any abuse database. No credit will be available under your agreement for interruptions of service resulting from AUP violations.
13. Amendments to AUP
The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP in accordance with our Master Services Agreement to further detail or describe reasonable restrictions on your use of our services.
14. Disclaimer
Senpai IT Solutions is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Senpai IT Solutions network. Senpai IT Solutions disclaims any obligation to any person who has not entered into an agreement with Senpai IT Solutions for services. |
